{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.037.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.037.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.037.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.037.html"}],"law_id":77679,"edition_id":1,"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","history":"2020, cc. 860, 861.","full_text":"A\n\nThe Superintendent may revoke or deny renewal of a license or registration of a child day program or family day system, and a family day system may revoke the approval of a family day home, if the child day program, family day system, or approved family day home has knowledge that a person specified in § 22.1-289.035 or 22.1-289.036 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 or is not subject to the exceptions in subsection G of § 22.1-289.035, and the agency or home refuses to separate such person from employment or service or allows the household member to continue to reside in the home.B\n\nFailure to obtain background checks pursuant to §§ 22.1-289.035 and 22.1-289.036 shall be grounds for denial, revocation, or termination of a license, registration, or approval or any contract with the Department or its agents or designees or a local department of social services to provide child care services to clients of the Department or its agents or designees or the local department of social services. No violation shall occur if the family day system, family day home, or child day center has applied for the background check timely and it has not been obtained due to administrative delay. The provisions of this section shall be enforced by the Department.","order_by":null,"text":{"0":{"id":278631,"text":"The Superintendent may revoke or deny renewal of a license or registration of a child day program or family day system, and a family day system may revoke the approval of a family day home, if the child day program, family day system, or approved family day home has knowledge that a person specified in § 22.1-289.035 or 22.1-289.036 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 or is not subject to the exceptions in subsection G of § 22.1-289.035, and the agency or home refuses to separate such person from employment or service or allows the household member to continue to reside in the home.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278632,"text":"Failure to obtain background checks pursuant to §§ 22.1-289.035 and 22.1-289.036 shall be grounds for denial, revocation, or termination of a license, registration, or approval or any contract with the Department or its agents or designees or a local department of social services to provide child care services to clients of the Department or its agents or designees or the local department of social services. No violation shall occur if the family day system, family day home, or child day center has applied for the background check timely and it has not been obtained due to administrative delay. The provisions of this section shall be enforced by the Department.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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 Education","identifier":"14.1","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":182605,"object_type":"structure","relational_id":13624,"identifier":"14.1","token":"22.1\/14.1","url":"\/22.1\/14.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56242,"structure_id":14659,"section_number":"22.1-289.034","catch_line":"Barrier crime; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.037\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 860<\/a> and 861<\/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":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"}],"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":77523,"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","order_by":null,"url":"\/22.1-289.035\/"},{"id":85574,"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","order_by":null,"url":"\/22.1-289.036\/"},{"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\/"}],"permalink":{"id":182769,"object_type":"law","relational_id":77679,"identifier":"22.1-289.037","token":"22.1\/14.1\/5\/22.1-289.037","url":"\/22.1-289.037\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.037\/","token":"22.1\/14.1\/5\/22.1-289.037","dublin_core":{"Title":"Revocation or denial of renewal based on background checks; failure to obtain background check","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.037","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Superintendent<\/span> may revoke or deny renewal of a license or registration of a child day program<\/span> or family day system<\/span>, and a family day system<\/span> may revoke the approval of a family day home<\/span>, if the child day program<\/span>, family day system<\/span>, or approved family day home<\/span> has knowledge that a person specified in § 22.1-289.035<\/a> or 22.1-289.036<\/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> or is not subject to the exceptions in subsection G of § 22.1-289.035<\/a>, and the agency or home refuses to separate such person from employment or service or allows the household member to continue to reside in the home. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Failure to obtain background checks pursuant to §§ 22.1-289.035<\/a> and 22.1-289.036<\/a> shall be grounds for denial, revocation<\/span>, or termination of a license, registration, or approval or any contract<\/span> with the Department<\/span> or its agents or designees or a local department<\/span> of social services to provide child care services to clients of the Department<\/span> or its agents or designees or the local department<\/span> of social services. No violation shall occur if the family day system<\/span>, family day home<\/span>, or child day center<\/span> has applied for the background check timely and it has not been obtained due to administrative delay. The provisions of this section shall be enforced by the Department<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION OR DENIAL OF RENEWAL BASED ON BACKGROUND CHECKS; FAILURE TO OBTAIN\nBACKGROUND CHECK (\u00a7 22.1-289.037)\n\nA. The Superintendent may revoke or deny renewal of a license or registration of\na child day program or family day system, and a family day system may revoke the\napproval of a family day home, if the child day program, family day system, or\napproved family day home has knowledge that a person specified in §\n22.1-289.035 or 22.1-289.036 required to have a background check (i) has been\nconvicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the\nsubject of a founded complaint of child abuse or neglect within or outside the\nCommonwealth, and such person has not been granted a waiver by the\nSuperintendent pursuant to § 22.1-289.038 or is not subject to the\nexceptions in subsection G of § 22.1-289.035, and the agency or home\nrefuses to separate such person from employment or service or allows the\nhousehold member to continue to reside in the home.\n\nB. Failure to obtain background checks pursuant to §§ 22.1-289.035 and\n22.1-289.036 shall be grounds for denial, revocation, or termination of a\nlicense, registration, or approval or any contract with the Department or its\nagents or designees or a local department of social services to provide child\ncare services to clients of the Department or its agents or designees or the\nlocal department of social services. No violation shall occur if the family day\nsystem, family day home, or child day center has applied for the background\ncheck timely and it has not been obtained due to administrative delay. The\nprovisions of this section shall be enforced by the Department.\n\nHISTORY: 2020, cc. 860, 861.","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}}