{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.038.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.038.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.038.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.038.html"}],"law_id":59383,"edition_id":1,"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","history":"2020, cc. 860, 861.","full_text":"A\n\nAny person who seeks to operate, volunteer, or work at a child day program or family day system and who is disqualified because of a criminal conviction or a criminal conviction in the background check of any other adult living in a family day home regulated by the Department, pursuant to § 22.1-289.035, 22.1-289.036, or 22.1-289.039, may apply in writing for a waiver from the Superintendent. The Superintendent may grant a waiver if the Superintendent determines that (i) the person is of good moral character and reputation and (ii) the waiver would not adversely affect the safety and well-being of children in the person’s care. The Superintendent shall not grant a waiver to any person who has been convicted of any barrier crime as defined in § 19.2-392.02. However, the Superintendent may grant a waiver to a family day home licensed or registered by the Department if any other adult living in the home of the applicant or provider has been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, provided that (a) five years have elapsed following the conviction and (b) the Department has conducted a home study that includes, but is not limited to, (1) an assessment of the safety of children placed in the home and (2) a determination that the offender is now a person of good moral character and reputation. The waiver shall not be granted if the adult living in the home is an assistant or substitute provider or if such adult has been convicted of a misdemeanor offense under both §§ 18.2-57 and 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction. Any waiver granted under this section shall be available for inspection by the public. The child day program or family day system shall notify in writing every parent and guardian of the children in its care of any waiver granted for its operators, employees, or volunteers.B\n\nThe Board shall adopt regulations to implement the provisions of this section.","order_by":null,"text":{"0":{"id":217637,"text":"Any person who seeks to operate, volunteer, or work at a child day program or family day system and who is disqualified because of a criminal conviction or a criminal conviction in the background check of any other adult living in a family day home regulated by the Department, pursuant to § 22.1-289.035, 22.1-289.036, or 22.1-289.039, may apply in writing for a waiver from the Superintendent. The Superintendent may grant a waiver if the Superintendent determines that (i) the person is of good moral character and reputation and (ii) the waiver would not adversely affect the safety and well-being of children in the person’s care. The Superintendent shall not grant a waiver to any person who has been convicted of any barrier crime as defined in § 19.2-392.02. However, the Superintendent may grant a waiver to a family day home licensed or registered by the Department if any other adult living in the home of the applicant or provider has been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, provided that (a) five years have elapsed following the conviction and (b) the Department has conducted a home study that includes, but is not limited to, (1) an assessment of the safety of children placed in the home and (2) a determination that the offender is now a person of good moral character and reputation. The waiver shall not be granted if the adult living in the home is an assistant or substitute provider or if such adult has been convicted of a misdemeanor offense under both §§ 18.2-57 and 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction. Any waiver granted under this section shall be available for inspection by the public. The child day program or family day system shall notify in writing every parent and guardian of the children in its care of any waiver granted for its operators, employees, or volunteers.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217638,"text":"The Board shall adopt regulations to implement the provisions of this section.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.038\/","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":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":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\/"}],"refers_to":[{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"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":60315,"section_number":"22.1-289.039","catch_line":"Records check by unlicensed child day center; penalty","order_by":null,"url":"\/22.1-289.039\/"}],"permalink":{"id":182773,"object_type":"law","relational_id":59383,"identifier":"22.1-289.038","token":"22.1\/14.1\/5\/22.1-289.038","url":"\/22.1-289.038\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.038\/","token":"22.1\/14.1\/5\/22.1-289.038","dublin_core":{"Title":"Child day programs and family day systems; criminal conviction and waiver","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.038","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who seeks to operate, volunteer, or work at a child day program<\/span> or family day system<\/span> and who is disqualified because of a criminal conviction<\/span> or a criminal conviction<\/span> in the background check of any other adult living in a family day home<\/span> regulated by the Department<\/span>, pursuant to § 22.1-289.035<\/a>, 22.1-289.036<\/a>, or 22.1-289.039<\/a>, may apply in writing for a waiver<\/span> from the Superintendent<\/span>. The Superintendent<\/span> may grant a waiver<\/span> if the Superintendent<\/span> determines that (i) the person is of good moral character and reputation and (ii) the waiver<\/span> would not adversely affect the safety and well-being of children in the person’s care. The Superintendent<\/span> shall not grant a waiver<\/span> to any person who has been convicted of any barrier crime<\/span> as defined in § 19.2-392.02<\/a>. However, the Superintendent<\/span> may grant a waiver<\/span> to a family day home<\/span> licensed or registered by the Department<\/span> if any other adult living in the home of the applicant or provider has been convicted of not more than one misdemeanor<\/span> offense<\/span> under § 18.2-57<\/a> or 18.2-57.2<\/a>, or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>, provided that (a) five years have elapsed following the conviction<\/span> and (b) the Department<\/span> has conducted a home study that includes, but is not limited to, (1) an assessment of the safety of children placed in the home and (2) a determination that the offender is now a person of good moral character and reputation. The waiver<\/span> shall not be granted if the adult living in the home is an assistant or substitute provider or if such adult has been convicted of a misdemeanor<\/span> offense<\/span> under both §§ 18.2-57<\/a> and 18.2-57.2<\/a>, or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>. Any waiver<\/span> granted under this section shall be available for inspection by the public. The child day program<\/span> or family day system<\/span> shall notify in writing every parent<\/span> and guardian of the children in its care of any waiver<\/span> granted for its operators, employees, or volunteers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> shall adopt regulations to implement the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS; CRIMINAL CONVICTION AND WAIVER (\u00a7\n22.1-289.038)\n\nA. Any person who seeks to operate, volunteer, or work at a child day program or\nfamily day system and who is disqualified because of a criminal conviction or a\ncriminal conviction in the background check of any other adult living in a\nfamily day home regulated by the Department, pursuant to § 22.1-289.035,\n22.1-289.036, or 22.1-289.039, may apply in writing for a waiver from the\nSuperintendent. The Superintendent may grant a waiver if the Superintendent\ndetermines that (i) the person is of good moral character and reputation and\n(ii) the waiver would not adversely affect the safety and well-being of children\nin the person’s care. The Superintendent shall not grant a waiver to any\nperson who has been convicted of any barrier crime as defined in §\n19.2-392.02. However, the Superintendent may grant a waiver to a family day home\nlicensed or registered by the Department if any other adult living in the home\nof the applicant or provider has been convicted of not more than one misdemeanor\noffense under § 18.2-57 or 18.2-57.2, or any substantially similar offense\nunder the laws of another jurisdiction, provided that (a) five years have\nelapsed following the conviction and (b) the Department has conducted a home\nstudy that includes, but is not limited to, (1) an assessment of the safety of\nchildren placed in the home and (2) a determination that the offender is now a\nperson of good moral character and reputation. The waiver shall not be granted\nif the adult living in the home is an assistant or substitute provider or if\nsuch adult has been convicted of a misdemeanor offense under both §§\n18.2-57 and 18.2-57.2, or any substantially similar offense under the laws of\nanother jurisdiction. Any waiver granted under this section shall be available\nfor inspection by the public. The child day program or family day system shall\nnotify in writing every parent and guardian of the children in its care of any\nwaiver granted for its operators, employees, or volunteers.\n\nB. The Board shall adopt regulations to implement the provisions of this\nsection.\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}}