{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.040.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.040.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.040.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.040.html"}],"law_id":72098,"edition_id":1,"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","history":"2020, cc. 860, 861.","full_text":"A\n\nWhenever any child day center or family day home that has not met the requirements of §§ 22.1-289.035, 22.1-289.036, and 22.1-289.039 applies to enter into a contract with the Department or its agents or designees to provide child care services to clients of the Department or its agents or designees, the Department or its agents or designees shall require a background check, at the time of application to enter into a contract and every five years thereafter, of (i) the applicant; any agents involved in the day-to-day operation; all agents who are alone with, in control of, or supervising one or more of the children; and any other adult living in a family day home pursuant to § 22.1-289.036; and (ii) all applicants for employment, employees, applicants to serve as volunteers, and volunteers pursuant to § 22.1-289.035. The child day center or family day home shall not be permitted to enter into a contract with the Department or its agents or designees for child care services when an applicant; any employee; a prospective employee; a volunteer, an agent involved in the day-to-day operation; an agent alone with, in control of, or supervising one or more children; or any other adult living in a family day home (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. Further dissemination of the information provided to the facility, beyond dissemination to the Department or its agents or designees is prohibited.B\n\nEvery child day center or family day home that enters into a contract with the Department or its agents or designees to provide child care services to clients of the Department or its agents or designees that is funded, in whole or in part, by the Child Care and Development Block Grant, shall comply with all requirements established by federal law and regulations.","order_by":null,"text":{"0":{"id":259798,"text":"Whenever any child day center or family day home that has not met the requirements of §§ 22.1-289.035, 22.1-289.036, and 22.1-289.039 applies to enter into a contract with the Department or its agents or designees to provide child care services to clients of the Department or its agents or designees, the Department or its agents or designees shall require a background check, at the time of application to enter into a contract and every five years thereafter, of (i) the applicant; any agents involved in the day-to-day operation; all agents who are alone with, in control of, or supervising one or more of the children; and any other adult living in a family day home pursuant to § 22.1-289.036; and (ii) all applicants for employment, employees, applicants to serve as volunteers, and volunteers pursuant to § 22.1-289.035. The child day center or family day home shall not be permitted to enter into a contract with the Department or its agents or designees for child care services when an applicant; any employee; a prospective employee; a volunteer, an agent involved in the day-to-day operation; an agent alone with, in control of, or supervising one or more children; or any other adult living in a family day home (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. Further dissemination of the information provided to the facility, beyond dissemination to the Department or its agents or designees is prohibited.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259799,"text":"Every child day center or family day home that enters into a contract with the Department or its agents or designees to provide child care services to clients of the Department or its agents or designees that is funded, in whole or in part, by the Child Care and Development Block Grant, shall comply with all requirements established by federal law and regulations.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.040\/","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":54607,"section_number":"22.1-289.030","catch_line":"Exemptions from licensure","order_by":null,"url":"\/22.1-289.030\/"}],"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":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":182781,"object_type":"law","relational_id":72098,"identifier":"22.1-289.040","token":"22.1\/14.1\/5\/22.1-289.040","url":"\/22.1-289.040\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.040\/","token":"22.1\/14.1\/5\/22.1-289.040","dublin_core":{"Title":"Child day centers and family day homes receiving federal, state, or local child care funds; eligibility requirements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.040","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever any child day center<\/span> or family day home<\/span> that has not met the requirements of §§ 22.1-289.035<\/a>, 22.1-289.036<\/a>, and 22.1-289.039<\/a> applies to enter into a contract<\/span> with the Department<\/span> or its agents or designees to provide child care services to clients of the Department<\/span> or its agents or designees, the Department<\/span> or its agents or designees shall require a background check, at the time of application to enter into a contract<\/span> and every five years thereafter, of (i) the applicant; any agents involved in the day-to-day operation; all agents who are alone with, in control of, or supervising one or more of the children; and any other adult living in a family day home<\/span> pursuant to § 22.1-289.036<\/a>; and (ii) all applicants for employment, employees, applicants to serve as volunteers, and volunteers pursuant to § 22.1-289.035<\/a>. The child day center<\/span> or family day home<\/span> shall not be permitted to enter into a contract<\/span> with the Department<\/span> or its agents or designees for child care services when an applicant; any employee; a prospective employee; a volunteer, an agent involved in the day-to-day operation; an agent alone with, in control of, or supervising one or more children; or any other adult living in a family day home<\/span> (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. Further dissemination of the information provided to the facility, beyond dissemination to the Department<\/span> or its agents or designees is prohibited. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every child day center<\/span> or family day home<\/span> that enters into a contract<\/span> with the Department<\/span> or its agents or designees to provide child care services to clients of the Department<\/span> or its agents or designees that is funded, in whole or in part, by the Child Care and Development Block Grant, shall comply with all requirements established by federal law<\/span> and regulations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHILD DAY CENTERS AND FAMILY DAY HOMES RECEIVING FEDERAL, STATE, OR LOCAL CHILD\nCARE FUNDS; ELIGIBILITY REQUIREMENTS (\u00a7 22.1-289.040)\n\nA. Whenever any child day center or family day home that has not met the\nrequirements of §§ 22.1-289.035, 22.1-289.036, and 22.1-289.039\napplies to enter into a contract with the Department or its agents or designees\nto provide child care services to clients of the Department or its agents or\ndesignees, the Department or its agents or designees shall require a background\ncheck, at the time of application to enter into a contract and every five years\nthereafter, of (i) the applicant; any agents involved in the day-to-day\noperation; all agents who are alone with, in control of, or supervising one or\nmore of the children; and any other adult living in a family day home pursuant\nto § 22.1-289.036; and (ii) all applicants for employment, employees,\napplicants to serve as volunteers, and volunteers pursuant to §\n22.1-289.035. The child day center or family day home shall not be permitted to\nenter into a contract with the Department or its agents or designees for child\ncare services when an applicant; any employee; a prospective employee; a\nvolunteer, an agent involved in the day-to-day operation; an agent alone with,\nin control of, or supervising one or more children; or any other adult living in\na family day home (i) has been convicted of any barrier crime as defined in\n§ 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse\nor neglect within or outside the Commonwealth. Further dissemination of the\ninformation provided to the facility, beyond dissemination to the Department or\nits agents or designees is prohibited.\n\nB. Every child day center or family day home that enters into a contract with\nthe Department or its agents or designees to provide child care services to\nclients of the Department or its agents or designees that is funded, in whole or\nin part, by the Child Care and Development Block Grant, shall comply with all\nrequirements established by federal law and regulations.\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}}