{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.039.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.039.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.039.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.039.html"}],"law_id":60315,"edition_id":1,"section_id":60315,"structure_id":14659,"section_number":"22.1-289.039","catch_line":"Records check by unlicensed child day center; penalty","history":"2020, cc. 860, 861; 2021, Sp. Sess. I, cc. 251, 510.","full_text":"Any child day center that is exempt from licensure pursuant to \u00a7 22.1-289.031 shall require all applicants for employment, employees, applicants to serve as volunteers, and volunteers and any other person who is expected to be alone with one or more children enrolled in the child day center to obtain a background check in accordance with \u00a7 22.1-289.035. A child day center that is exempt from licensure pursuant to \u00a7 22.1-289.031 shall refuse employment or service to any person who (i) has been convicted of any barrier crime as defined in \u00a7 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. The foregoing provisions shall not apply to a parent or guardian who may be left alone with his own child. For purposes of this section, convictions shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would have been a felony if committed by an adult within or outside the Commonwealth. Further dissemination of the information provided to the facility is prohibited, except as otherwise provided in subsection J of \u00a7 22.1-289.035.","order_by":null,"text":{"0":{"id":220612,"text":"Any child day center that is exempt from licensure pursuant to \u00a7 22.1-289.031 shall require all applicants for employment, employees, applicants to serve as volunteers, and volunteers and any other person who is expected to be alone with one or more children enrolled in the child day center to obtain a background check in accordance with \u00a7 22.1-289.035. A child day center that is exempt from licensure pursuant to \u00a7 22.1-289.031 shall refuse employment or service to any person who (i) has been convicted of any barrier crime as defined in \u00a7 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. The foregoing provisions shall not apply to a parent or guardian who may be left alone with his own child. For purposes of this section, convictions shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would have been a felony if committed by an adult within or outside the Commonwealth. Further dissemination of the information provided to the facility is prohibited, except as otherwise provided in subsection J of \u00a7 22.1-289.035.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.039\/","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\/"},{"id":54607,"section_number":"22.1-289.030","catch_line":"Exemptions from licensure","order_by":null,"url":"\/22.1-289.030\/"},{"id":77926,"section_number":"22.1-289.031","catch_line":"Child day center operated by religious institution exempt from licensure; annual statement and documentary evidence required; enforcement; injunctive relief","order_by":null,"url":"\/22.1-289.031\/"},{"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":77926,"section_number":"22.1-289.031","catch_line":"Child day center operated by religious institution exempt from licensure; annual statement and documentary evidence required; enforcement; injunctive relief","order_by":null,"url":"\/22.1-289.031\/"},{"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\/"}],"permalink":{"id":182777,"object_type":"law","relational_id":60315,"identifier":"22.1-289.039","token":"22.1\/14.1\/5\/22.1-289.039","url":"\/22.1-289.039\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.039\/","token":"22.1\/14.1\/5\/22.1-289.039","dublin_core":{"Title":"Records check by unlicensed child day center; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.039","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any child day center<\/span> that is exempt from licensure pursuant to \u00a7 22.1-289.031<\/a> shall require all applicants for employment, employees, applicants to serve as volunteers, and volunteers and any other person who is expected to be alone with one or more children enrolled in the child day center<\/span> to obtain a background check in accordance with \u00a7 22.1-289.035<\/a>. A child day center<\/span> that is exempt from licensure pursuant to \u00a7 22.1-289.031<\/a> shall refuse employment or service to any person who (i) has been convicted of any barrier crime<\/span> as defined in \u00a7 19.2-392.02<\/a> or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. The foregoing provisions shall not apply to a parent<\/span> or guardian who may be left alone with his own child. For purposes of this section, convictions<\/span> shall include prior adult convictions<\/span> and juvenile convictions<\/span> or adjudications of delinquency based on a crime<\/span> that would have been a felony<\/span> if committed by an adult within or outside the Commonwealth. Further dissemination of the information provided to the facility is prohibited, except as otherwise provided in subsection J of \u00a7 22.1-289.035<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECORDS CHECK BY UNLICENSED CHILD DAY CENTER; PENALTY (\u00a7 22.1-289.039)\n\nAny child day center that is exempt from licensure pursuant to \u00a7 22.1-289.031\nshall require all applicants for employment, employees, applicants to serve as\nvolunteers, and volunteers and any other person who is expected to be alone with\none or more children enrolled in the child day center to obtain a background\ncheck in accordance with \u00a7 22.1-289.035. A child day center that is exempt from\nlicensure pursuant to \u00a7 22.1-289.031 shall refuse employment or service to any\nperson who (i) has been convicted of any barrier crime as defined in \u00a7\n19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or\nneglect within or outside the Commonwealth. The foregoing provisions shall not\napply to a parent or guardian who may be left alone with his own child. For\npurposes of this section, convictions shall include prior adult convictions and\njuvenile convictions or adjudications of delinquency based on a crime that would\nhave been a felony if committed by an adult within or outside the Commonwealth.\nFurther dissemination of the information provided to the facility is prohibited,\nexcept as otherwise provided in subsection J of \u00a7 22.1-289.035.\n\nHISTORY: 2020, cc. 860, 861; 2021, Sp. Sess. I, cc. 251, 510.","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}}