{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.036.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.036.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.036.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.036.html"}],"law_id":85574,"edition_id":1,"section_id":85574,"structure_id":14659,"section_number":"22.1-289.036","catch_line":"Background check upon application for licensure, registration, or approval as child day center, family day home, or family day system; penalty","history":"2020, cc. 860, 861, 936.","full_text":"A\n\nEvery (i) applicant for licensure as a child day center, family day home, or family day system, registration as a family day home, or approval as a family day home by a family day system; (ii) agent of an applicant for licensure as a child day center, family day home, or family day system, registration as a family day home, or approval as a family day home by a family day system at the time of application who is or will be involved in the day-to-day operations of the child day center, family day home, or family day system or who is or will be alone with, in control of, or supervising one or more of the children; and (iii) adult living in such child day center or family day home shall undergo a background check in accordance with subsection B prior to issuance of a license as a child day center, family day home, or family day system, registration as a family day home, or approval as a family day home by a family day system and every five years thereafter.B\n\nEvery person required to undergo a background check pursuant to subsection A shall:1\n\nProvide a sworn statement or affirmation disclosing whether he has ever been convicted of or is the subject of any pending criminal charges for any offense within or outside the Commonwealth and whether or not he has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;2\n\nSubmit to fingerprinting and provide personal descriptive information described in subdivision B 2 of § 19.2-392.02;3\n\nAuthorize the child day center, family day home, or family day system specified in subsection A to obtain a copy of the results of a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse or neglect against him; and4\n\nAuthorize the child day center, family day home, or family day system described in subsection A to obtain a copy of the results of a criminal history record information check, a sex offender registry check, and a search of the child abuse and neglect registry or equivalent registry from any state in which the individual has resided in the preceding five years.\n\t\t\t\tFingerprints and personal descriptive information obtained pursuant to subdivision 2 shall be forwarded by the Department or its designee or, in the case of a child day program operated by a local government, may be forwarded by the local law-enforcement agency through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining national criminal history record information regarding the individual. Upon receipt of an individual’s record or notification that no record exists, the Central Criminal Records Exchange shall forward the information to the Department or its designee. The Department or its designee shall report to the child day center, family day home, or family day system described in subsection A as to whether the individual is eligible to have responsibility for the safety and well-being of children. In cases in which the record forwarded to the Department or its designee is lacking disposition data, the Department or its designee shall conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data.C\n\nIf any person specified in subsection A required to have a background check (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and such person has not been granted a waiver by the Superintendent pursuant to § 22.1-289.038, no license as a child day center, family day home, or family day system or registration as a family day home shall be granted by the Superintendent and no approval as a family day home shall be granted by the family day system.D\n\nInformation from a search of the central registry maintained pursuant to § 63.2-1515 and any child abuse and neglect registry or equivalent registry maintained by any other state in which the applicant, agent, or adult has resided in the preceding five years, authorized in accordance with subdivision B 3, shall be obtained prior to issuance of a license as a child day center, family day home, or family day system, registration as a family day home, or approval as a family day home by a family day system.E\n\nNo person specified in subsection A shall be involved in the day-to-day operations of the child day center, family day home, or family day system, or shall be alone with, in control of, or supervising one or more children, without first having completed any required background check pursuant to subsection B.F\n\nAny person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision B 1 is guilty of a Class 1 misdemeanor.G\n\nIf an individual is denied licensure, registration, or approval because of information from the central registry or any child abuse and neglect registry or equivalent registry maintained by any other state, or convictions appearing on his criminal history record, the Superintendent shall provide a copy of the information obtained from the central registry, any child abuse and neglect registry or equivalent registry maintained by any other state, or the Central Criminal Records Exchange to the individual.H\n\nFurther dissemination of the background check information is prohibited other than to the Superintendent’s representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.I\n\nFees charged for the processing and administration of background checks pursuant to this section shall not exceed the actual cost to the state or the local law-enforcement agency of such processing and administration.J\n\nFor the purposes of this section, “agent” means a person who is authorized to act on behalf of the applicant or licensee.","order_by":null,"text":{"0":{"id":306529,"text":"Every (i) applicant for licensure as a child day center, family day home, or family day system, registration as a family day home, or approval as a family day home by a family day system; (ii) agent of an applicant for licensure as a child day center, family day home, or family day system, registration as a family day home, or approval as a family day home by a family day system at the time of application who is or will be involved in the day-to-day operations of the child day center, family day home, or family day system or who is or will be alone with, in control of, or supervising one or more of the children; and (iii) adult living in such child day center or family day home shall undergo a background check in accordance with subsection B prior to issuance of a license as a child day center, family day home, or family day system, registration as a family day home, or approval as a family day home by a family day system and every five years thereafter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":306530,"text":"Every person required to undergo a background check pursuant to subsection A shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":306531,"text":"Provide a sworn statement or affirmation disclosing whether he has ever been convicted of or is the subject of any pending criminal charges for any offense within or outside the Commonwealth and whether or not he has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":306532,"text":"Submit to fingerprinting and provide personal descriptive information described in subdivision B 2 of § 19.2-392.02;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":306533,"text":"Authorize the child day center, family day home, or family day system specified in subsection A to obtain a copy of the results of a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse or neglect against him; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":306534,"text":"Authorize the child day center, family day home, or family day system described in subsection A to obtain a copy of the results of a criminal history record information check, a sex offender registry check, and a search of the child abuse and neglect registry or equivalent registry from any state in which the individual has resided in the preceding five years.\n\t\t\t\tFingerprints and personal descriptive information obtained pursuant to subdivision 2 shall be forwarded by the Department or its designee or, in the case of a child day program operated by a local government, may be forwarded by the local law-enforcement agency through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining national criminal history record information regarding the individual. Upon receipt of an individual’s record or notification that no record exists, the Central Criminal Records Exchange shall forward the information to the Department or its designee. The Department or its designee shall report to the child day center, family day home, or family day system described in subsection A as to whether the individual is eligible to have responsibility for the safety and well-being of children. In cases in which the record forwarded to the Department or its designee is lacking disposition data, the Department or its designee shall conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":306535,"text":"If any person specified in subsection A required to have a background check (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and such person has not been granted a waiver by the Superintendent pursuant to § 22.1-289.038, no license as a child day center, family day home, or family day system or registration as a family day home shall be granted by the Superintendent and no approval as a family day home shall be granted by the family day system.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":306536,"text":"Information from a search of the central registry maintained pursuant to § 63.2-1515 and any child abuse and neglect registry or equivalent registry maintained by any other state in which the applicant, agent, or adult has resided in the preceding five years, authorized in accordance with subdivision B 3, shall be obtained prior to issuance of a license as a child day center, family day home, or family day system, registration as a family day home, or approval as a family day home by a family day system.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":306537,"text":"No person specified in subsection A shall be involved in the day-to-day operations of the child day center, family day home, or family day system, or shall be alone with, in control of, or supervising one or more children, without first having completed any required background check pursuant to subsection B.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":306538,"text":"Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision B 1 is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":306539,"text":"If an individual is denied licensure, registration, or approval because of information from the central registry or any child abuse and neglect registry or equivalent registry maintained by any other state, or convictions appearing on his criminal history record, the Superintendent shall provide a copy of the information obtained from the central registry, any child abuse and neglect registry or equivalent registry maintained by any other state, or the Central Criminal Records Exchange to the individual.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":306540,"text":"Further dissemination of the background check information is prohibited other than to the Superintendent’s representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":306541,"text":"Fees charged for the processing and administration of background checks pursuant to this section shall not exceed the actual cost to the state or the local law-enforcement agency of such processing and administration.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"13":{"id":306542,"text":"For the purposes of this section, “agent” means a person who is authorized to act on behalf of the applicant or licensee.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":14659,"edition_id":1,"name":"Background Checks","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":13624,"metadata":{},"date_created":"2026-06-26 03:49:11","date_modified":"2026-06-26 03:49:11","permalink":{"id":182755,"object_type":"structure","relational_id":14659,"identifier":"5","token":"22.1\/14.1\/5","url":"\/22.1\/14.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13624,"edition_id":1,"name":"Early Childhood Care and 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construction","url":"\/22.1-289.034\/","token":"22.1\/14.1\/5\/22.1-289.034","metadata":false},{"id":77523,"structure_id":14659,"section_number":"22.1-289.035","catch_line":"Licensed child day centers, family day homes, and family day systems; employment for compensation or use as volunteers of persons convicted of or found to have committed certain offenses prohibited; national background check required; penalty","url":"\/22.1-289.035\/","token":"22.1\/14.1\/5\/22.1-289.035","metadata":false},{"id":85574,"structure_id":14659,"section_number":"22.1-289.036","catch_line":"Background check upon application for licensure, registration, or approval as child day center, family day home, or family day system; penalty","url":"\/22.1-289.036\/","token":"22.1\/14.1\/5\/22.1-289.036","metadata":false},{"id":77679,"structure_id":14659,"section_number":"22.1-289.037","catch_line":"Revocation or denial of renewal based on background checks; failure to obtain background check","url":"\/22.1-289.037\/","token":"22.1\/14.1\/5\/22.1-289.037","metadata":false},{"id":59383,"structure_id":14659,"section_number":"22.1-289.038","catch_line":"Child day programs and family day systems; criminal conviction and waiver","url":"\/22.1-289.038\/","token":"22.1\/14.1\/5\/22.1-289.038","metadata":false},{"id":60315,"structure_id":14659,"section_number":"22.1-289.039","catch_line":"Records check by unlicensed child day center; penalty","url":"\/22.1-289.039\/","token":"22.1\/14.1\/5\/22.1-289.039","metadata":false},{"id":72098,"structure_id":14659,"section_number":"22.1-289.040","catch_line":"Child day centers and family day homes receiving federal, state, or local child care funds; eligibility requirements","url":"\/22.1-289.040\/","token":"22.1\/14.1\/5\/22.1-289.040","metadata":false},{"id":60670,"structure_id":14659,"section_number":"22.1-289.041","catch_line":"Sex offender or child abuser prohibited from operating or residing in family day home; penalty","url":"\/22.1-289.041\/","token":"22.1\/14.1\/5\/22.1-289.041","metadata":false}],"previous_section":{"id":77523,"structure_id":14659,"section_number":"22.1-289.035","catch_line":"Licensed child day centers, family day homes, and family day systems; employment for compensation or use as volunteers of persons convicted of or found to have committed certain offenses prohibited; national background check required; penalty","url":"\/22.1-289.035\/","token":"22.1\/14.1\/5\/22.1-289.035","metadata":false},"next_section":{"id":77679,"structure_id":14659,"section_number":"22.1-289.037","catch_line":"Revocation or denial of renewal based on background checks; failure to obtain background check","url":"\/22.1-289.037\/","token":"22.1\/14.1\/5\/22.1-289.037","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.036\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 860<\/a>, 861<\/a>, and 936<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":60729,"section_number":"22.1-289.013","catch_line":"Investigation on receipt of application","order_by":null,"url":"\/22.1-289.013\/"},{"id":77679,"section_number":"22.1-289.037","catch_line":"Revocation or denial of renewal based on background checks; failure to obtain background check","order_by":null,"url":"\/22.1-289.037\/"},{"id":59383,"section_number":"22.1-289.038","catch_line":"Child day programs and family day systems; criminal conviction and waiver","order_by":null,"url":"\/22.1-289.038\/"},{"id":72098,"section_number":"22.1-289.040","catch_line":"Child day centers and family day homes receiving federal, state, or local child care funds; eligibility requirements","order_by":null,"url":"\/22.1-289.040\/"}],"refers_to":[{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":59383,"section_number":"22.1-289.038","catch_line":"Child day programs and family day systems; criminal conviction and waiver","order_by":null,"url":"\/22.1-289.038\/"},{"id":67092,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","order_by":null,"url":"\/63.2-1515\/"}],"permalink":{"id":182765,"object_type":"law","relational_id":85574,"identifier":"22.1-289.036","token":"22.1\/14.1\/5\/22.1-289.036","url":"\/22.1-289.036\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.036\/","token":"22.1\/14.1\/5\/22.1-289.036","dublin_core":{"Title":"Background check upon application for licensure, registration, or approval as child day center, family day home, or family day system; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.036","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every (i) applicant for licensure as a child day center<\/span>, family day home<\/span>, or family day system<\/span>, registration as a family day home<\/span>, or approval as a family day home<\/span> by a family day system<\/span>; (ii) agent<\/span> of an applicant for licensure as a child day center<\/span>, family day home<\/span>, or family day system<\/span>, registration as a family day home<\/span>, or approval as a family day home<\/span> by a family day system<\/span> at the time of application who is or will be involved in the day-to-day operations of the child day center<\/span>, family day home<\/span>, or family day system<\/span> or who is or will be alone with, in control of, or supervising one or more of the children; and (iii) adult living in such child day center<\/span> or family day home<\/span> shall undergo a background check in accordance with subsection B prior to issuance of a license as a child day center<\/span>, family day home<\/span>, or family day system<\/span>, registration as a family day home<\/span>, or approval as a family day home<\/span> by a family day system<\/span> and every five years thereafter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every person required to undergo a background check pursuant to subsection A shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Provide a sworn statement or affirmation disclosing whether he has ever been convicted of or is the subject of any pending criminal charges for any offense<\/span> within or outside the Commonwealth and whether or not he has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Submit to fingerprinting and provide personal descriptive information described in subdivision B 2 of § 19.2-392.02<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Authorize the child day center<\/span>, family day home<\/span>, or family day system<\/span> specified in subsection A to obtain a copy of the results of a search of the central registry maintained pursuant to § 63.2-1515<\/a> for any founded complaint of child abuse or neglect against him; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Authorize the child day center<\/span>, family day home<\/span>, or family day system<\/span> described in subsection A to obtain a copy of the results of a criminal history record information check, a sex offender registry check, and a search of the child abuse and neglect registry or equivalent registry from any state in which the individual has resided in the preceding five years.\n\t\t\t\tFingerprints and personal descriptive information obtained pursuant to subdivision 2 shall be forwarded by the Department<\/span> or its designee or, in the case of a child day program<\/span> operated by a local government, may be forwarded by the local law<\/span>-enforcement agency through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining national criminal history record information regarding the individual. Upon receipt of an individual’s record or notification that no record exists, the Central Criminal Records Exchange shall forward the information to the Department<\/span> or its designee. The Department<\/span> or its designee shall report to the child day center<\/span>, family day home<\/span>, or family day system<\/span> described in subsection A as to whether the individual is eligible to have responsibility for the safety and well-being of children. In cases in which the record forwarded to the Department<\/span> or its designee is lacking disposition<\/span> data, the Department<\/span> or its designee shall conduct research in whatever state and local recordkeeping systems are available in order<\/span> to obtain complete data. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If any person specified in subsection A required to have a background check (i) has been convicted of any barrier crime<\/span> as defined in § 19.2-392.02<\/a> or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and such person has not been granted a waiver<\/span> by the Superintendent<\/span> pursuant to § 22.1-289.038<\/a>, no license as a child day center<\/span>, family day home<\/span>, or family day system<\/span> or registration as a family day home<\/span> shall be granted by the Superintendent<\/span> and no approval as a family day home<\/span> shall be granted by the family day system<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Information from a search of the central registry maintained pursuant to § 63.2-1515<\/a> and any child abuse and neglect registry or equivalent registry maintained by any other state in which the applicant, agent<\/span>, or adult has resided in the preceding five years, authorized in accordance with subdivision B 3, shall be obtained prior to issuance of a license as a child day center<\/span>, family day home<\/span>, or family day system<\/span>, registration as a family day home<\/span>, or approval as a family day home<\/span> by a family day system<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No person specified in subsection A shall be involved in the day-to-day operations of the child day center<\/span>, family day home<\/span>, or family day system<\/span>, or shall be alone with, in control of, or supervising one or more children, without first having completed any required background check pursuant to subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision B 1 is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If an individual is denied licensure, registration, or approval because of information from the central registry or any child abuse and neglect registry or equivalent registry maintained by any other state, or convictions<\/span> appearing on his criminal history record, the Superintendent<\/span> shall provide a copy of the information obtained from the central registry, any child abuse and neglect registry or equivalent registry maintained by any other state, or the Central Criminal Records Exchange to the individual. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Further dissemination of the background check information is prohibited other than to the Superintendent<\/span>’s representative or a federal or state authority or court<\/span> as may be required to comply with an express requirement of law<\/span> for such further dissemination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Fees charged for the processing and administration of background checks pursuant to this section shall not exceed the actual cost to the state or the local law<\/span>-enforcement agency of such processing and administration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> For the purposes of this section, “agent<\/span>” means a person who is authorized to act on behalf of the applicant or licensee. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBACKGROUND CHECK UPON APPLICATION FOR LICENSURE, REGISTRATION, OR APPROVAL AS\nCHILD DAY CENTER, FAMILY DAY HOME, OR FAMILY DAY SYSTEM; PENALTY (\u00a7\n22.1-289.036)\n\nA. Every (i) applicant for licensure as a child day center, family day home, or\nfamily day system, registration as a family day home, or approval as a family\nday home by a family day system; (ii) agent of an applicant for licensure as a\nchild day center, family day home, or family day system, registration as a\nfamily day home, or approval as a family day home by a family day system at the\ntime of application who is or will be involved in the day-to-day operations of\nthe child day center, family day home, or family day system or who is or will be\nalone with, in control of, or supervising one or more of the children; and (iii)\nadult living in such child day center or family day home shall undergo a\nbackground check in accordance with subsection B prior to issuance of a license\nas a child day center, family day home, or family day system, registration as a\nfamily day home, or approval as a family day home by a family day system and\nevery five years thereafter.\n\nB. Every person required to undergo a background check pursuant to subsection A\nshall:\n\n 1. Provide a sworn statement or affirmation disclosing whether he has ever\n been convicted of or is the subject of any pending criminal charges for any\n offense within or outside the Commonwealth and whether or not he has been the\n subject of a founded complaint of child abuse or neglect within or outside the\n Commonwealth;\n\n 2. Submit to fingerprinting and provide personal descriptive information\n described in subdivision B 2 of § 19.2-392.02;\n\n 3. Authorize the child day center, family day home, or family day system\n specified in subsection A to obtain a copy of the results of a search of the\n central registry maintained pursuant to § 63.2-1515 for any founded\n complaint of child abuse or neglect against him; and\n\n 4. Authorize the child day center, family day home, or family day system\n described in subsection A to obtain a copy of the results of a criminal\n history record information check, a sex offender registry check, and a search\n of the child abuse and neglect registry or equivalent registry from any state\n in which the individual has resided in the preceding five years.\n \t\t\t\tFingerprints and personal descriptive information obtained pursuant to\n subdivision 2 shall be forwarded by the Department or its designee or, in the\n case of a child day program operated by a local government, may be forwarded\n by the local law-enforcement agency through the Central Criminal Records\n Exchange to the Federal Bureau of Investigation for the purpose of obtaining\n national criminal history record information regarding the individual. Upon\n receipt of an individual’s record or notification that no record exists,\n the Central Criminal Records Exchange shall forward the information to the\n Department or its designee. The Department or its designee shall report to the\n child day center, family day home, or family day system described in\n subsection A as to whether the individual is eligible to have responsibility\n for the safety and well-being of children. In cases in which the record\n forwarded to the Department or its designee is lacking disposition data, the\n Department or its designee shall conduct research in whatever state and local\n recordkeeping systems are available in order to obtain complete data.\n\nC. If any person specified in subsection A required to have a background check\n(i) has been convicted of any barrier crime as defined in § 19.2-392.02 or\n(ii) is the subject of a founded complaint of child abuse or neglect within or\noutside the Commonwealth, and such person has not been granted a waiver by the\nSuperintendent pursuant to § 22.1-289.038, no license as a child day\ncenter, family day home, or family day system or registration as a family day\nhome shall be granted by the Superintendent and no approval as a family day home\nshall be granted by the family day system.\n\nD. Information from a search of the central registry maintained pursuant to\n§ 63.2-1515 and any child abuse and neglect registry or equivalent registry\nmaintained by any other state in which the applicant, agent, or adult has\nresided in the preceding five years, authorized in accordance with subdivision B\n3, shall be obtained prior to issuance of a license as a child day center,\nfamily day home, or family day system, registration as a family day home, or\napproval as a family day home by a family day system.\n\nE. No person specified in subsection A shall be involved in the day-to-day\noperations of the child day center, family day home, or family day system, or\nshall be alone with, in control of, or supervising one or more children, without\nfirst having completed any required background check pursuant to subsection B.\n\nF. Any person making a materially false statement regarding the sworn statement\nor affirmation provided pursuant to subdivision B 1 is guilty of a Class 1\nmisdemeanor.\n\nG. If an individual is denied licensure, registration, or approval because of\ninformation from the central registry or any child abuse and neglect registry or\nequivalent registry maintained by any other state, or convictions appearing on\nhis criminal history record, the Superintendent shall provide a copy of the\ninformation obtained from the central registry, any child abuse and neglect\nregistry or equivalent registry maintained by any other state, or the Central\nCriminal Records Exchange to the individual.\n\nH. Further dissemination of the background check information is prohibited other\nthan to the Superintendent’s representative or a federal or state\nauthority or court as may be required to comply with an express requirement of\nlaw for such further dissemination.\n\nI. Fees charged for the processing and administration of background checks\npursuant to this section shall not exceed the actual cost to the state or the\nlocal law-enforcement agency of such processing and administration.\n\nJ. For the purposes of this section, “agent” means a person who is\nauthorized to act on behalf of the applicant or licensee.\n\nHISTORY: 2020, cc. 860, 861, 936.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}