{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-162.15_1.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-162.15_1.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-162.15_1.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-162.15_1.10.html"}],"law_id":77517,"edition_id":1,"section_id":77517,"structure_id":14372,"section_number":"32.1-162.15:1.10","catch_line":"(Effective July 1, 2026) Background check upon application for licensure; penalty","history":"2025, c. 451.","full_text":"A\n\nUpon application for licensure as a Center, (i) all applicants and (ii) all agents at the time of application who are or will be involved in the day-to-day operations of the Center or who are or will be alone with, in control of, or supervising one or more children shall undergo a background check pursuant to subsection B.B\n\nBackground checks pursuant to subsection A require:1\n\nA sworn statement or affirmation disclosing whether the person has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and whether or not the person has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;2\n\nA criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389; and3\n\nA search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.C\n\nEach person required to have a background check pursuant to subsection A shall submit the background check information required in subsection B to the Commissioner’s representative prior to issuance of a license. The applicant shall provide an original criminal record clearance with respect to any barrier crime as defined in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange.D\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.E\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, the Commissioner shall not issue a license. For the purposes of this section, convictions for any barrier crime as defined in § 19.2-392.02 shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.F\n\nNo person specified in subsection A shall be (i) involved in the day-to-day operations of a Center; (ii) alone with, in control of, or supervising one or more children receiving services from a Center; or (iii) permitted to work in a position that involves direct contact with a person receiving services without first having completed background checks pursuant to subsection B unless such person is directly supervised by another person for whom a background check has been completed in accordance with the requirements of this section.G\n\nIf an applicant is denied licensure because of information from the central registry or convictions appearing on his criminal history record, the Commissioner shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant.H\n\nFurther dissemination of the background check information is prohibited other than to the Commissioner’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.","order_by":null,"text":{"0":{"id":278056,"text":"Upon application for licensure as a Center, (i) all applicants and (ii) all agents at the time of application who are or will be involved in the day-to-day operations of the Center or who are or will be alone with, in control of, or supervising one or more children shall undergo a background check pursuant to subsection B.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278057,"text":"Background checks pursuant to subsection A require:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":278058,"text":"A sworn statement or affirmation disclosing whether the person has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and whether or not the person 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":278059,"text":"A criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":278060,"text":"A search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":278061,"text":"Each person required to have a background check pursuant to subsection A shall submit the background check information required in subsection B to the Commissioner’s representative prior to issuance of a license. The applicant shall provide an original criminal record clearance with respect to any barrier crime as defined in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":278062,"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":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":278063,"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, the Commissioner shall not issue a license. For the purposes of this section, convictions for any barrier crime as defined in § 19.2-392.02 shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":278064,"text":"No person specified in subsection A shall be (i) involved in the day-to-day operations of a Center; (ii) alone with, in control of, or supervising one or more children receiving services from a Center; or (iii) permitted to work in a position that involves direct contact with a person receiving services without first having completed background checks pursuant to subsection B unless such person is directly supervised by another person for whom a background check has been completed in accordance with the requirements of this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":278065,"text":"If an applicant is denied licensure because of information from the central registry or convictions appearing on his criminal history record, the Commissioner shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"10":{"id":278066,"text":"Further dissemination of the background check information is prohibited other than to the Commissioner’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"}},"ancestry":[{"id":14372,"edition_id":1,"name":"Prescribed Pediatric Extended Care Center Licensing","identifier":"7.2","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:47:55","date_modified":"2026-06-26 03:47:55","permalink":{"id":203343,"object_type":"structure","relational_id":14372,"identifier":"7.2","token":"32.1\/5\/7.2","url":"\/32.1\/5\/7.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12728,"edition_id":1,"name":"Regulation of Medical Care Facilities and Services","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202855,"object_type":"structure","relational_id":12728,"identifier":"5","token":"32.1\/5","url":"\/32.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68111,"structure_id":14372,"section_number":"32.1-162.15:1.1","catch_line":"(Effective July 1, 2026) Definitions","url":"\/32.1-162.15_1.1\/","token":"32.1\/5\/7.2\/32.1-162.15_1.1","metadata":false},{"id":77517,"structure_id":14372,"section_number":"32.1-162.15:1.10","catch_line":"(Effective July 1, 2026) Background check upon application for licensure; 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This law was first created in 2025. The record of its establishment is cataloged in chapter 451<\/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":85967,"section_number":"32.1-162.15:1.5","catch_line":"(Effective July 1, 2026) Inspection on receipt of application","order_by":null,"url":"\/32.1-162.15_1.5\/"}],"refers_to":[{"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":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":67092,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","order_by":null,"url":"\/63.2-1515\/"}],"permalink":{"id":203349,"object_type":"law","relational_id":77517,"identifier":"32.1-162.15:1.10","token":"32.1\/5\/7.2\/32.1-162.15_1.10","url":"\/32.1-162.15_1.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-162.15_1.10\/","token":"32.1\/5\/7.2\/32.1-162.15_1.10","dublin_core":{"Title":"(Effective July 1, 2026) Background check upon application for licensure; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-162.15:1.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon application for licensure as a Center<\/span>, (i) all applicants and (ii) all agents at the time of application who are or will be involved in the day-to-day operations of the Center<\/span> or who are or will be alone with, in control of, or supervising one or more children shall undergo a background check pursuant to subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Background checks pursuant to subsection A require: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A sworn statement or affirmation disclosing whether the person<\/span> has a criminal conviction<\/span> or is the subject of any pending criminal charges within or outside the Commonwealth and whether or not the person<\/span> 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> A criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A search of the central registry maintained pursuant to § 63.2-1515<\/a> for any founded complaint of child abuse and neglect. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each person<\/span> required to have a background check pursuant to subsection A shall submit the background check information required in subsection B to the Commissioner<\/span>’s representative prior to issuance of a license. The applicant shall provide an original criminal record clearance with respect to any barrier crime<\/span> as defined in § 19.2-392.02<\/a> or an original criminal history record from the Central Criminal Records Exchange. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person<\/span> 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

E.<\/span> If any person<\/span> 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, the Commissioner<\/span> shall not issue<\/span> a license. For the purposes of this section, convictions<\/span> for any barrier crime<\/span> as defined in § 19.2-392.02<\/a> shall include prior adult convictions<\/span> and juvenile convictions<\/span> or adjudications of delinquency based on a crime<\/span> that would be a felony<\/span> if committed by an adult within or outside the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No person<\/span> specified in subsection A shall be (i) involved in the day-to-day operations of a Center<\/span>; (ii) alone with, in control of, or supervising one or more children receiving services from a Center<\/span>; or (iii) permitted to work in a position that involves direct contact with a person<\/span> receiving services without first having completed background checks pursuant to subsection B unless such person<\/span> is directly supervised by another person<\/span> for whom a background check has been completed in accordance with the requirements of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If an applicant is denied licensure because of information from the central registry or convictions<\/span> appearing on his criminal history record, the Commissioner<\/span> shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant. <\/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 Commissioner<\/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>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) BACKGROUND CHECK UPON APPLICATION FOR LICENSURE;\nPENALTY (\u00a7 32.1-162.15:1.10)\n\nA. Upon application for licensure as a Center, (i) all applicants and (ii) all\nagents at the time of application who are or will be involved in the day-to-day\noperations of the Center or who are or will be alone with, in control of, or\nsupervising one or more children shall undergo a background check pursuant to\nsubsection B.\n\nB. Background checks pursuant to subsection A require:\n\n 1. A sworn statement or affirmation disclosing whether the person has a\n criminal conviction or is the subject of any pending criminal charges within\n or outside the Commonwealth and whether or not the person has been the subject\n of a founded complaint of child abuse or neglect within or outside the\n Commonwealth;\n\n 2. A criminal history records check through the Central Criminal Records\n Exchange pursuant to § 19.2-389; and\n\n 3. A search of the central registry maintained pursuant to § 63.2-1515\n for any founded complaint of child abuse and neglect.\n\nC. Each person required to have a background check pursuant to subsection A\nshall submit the background check information required in subsection B to the\nCommissioner’s representative prior to issuance of a license. The\napplicant shall provide an original criminal record clearance with respect to\nany barrier crime as defined in § 19.2-392.02 or an original criminal\nhistory record from the Central Criminal Records Exchange.\n\nD. 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\nE. 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, the Commissioner shall not issue a license. For the\npurposes of this section, convictions for any barrier crime as defined in §\n19.2-392.02 shall include prior adult convictions and juvenile convictions or\nadjudications of delinquency based on a crime that would be a felony if\ncommitted by an adult within or outside the Commonwealth.\n\nF. No person specified in subsection A shall be (i) involved in the day-to-day\noperations of a Center; (ii) alone with, in control of, or supervising one or\nmore children receiving services from a Center; or (iii) permitted to work in a\nposition that involves direct contact with a person receiving services without\nfirst having completed background checks pursuant to subsection B unless such\nperson is directly supervised by another person for whom a background check has\nbeen completed in accordance with the requirements of this section.\n\nG. If an applicant is denied licensure because of information from the central\nregistry or convictions appearing on his criminal history record, the\nCommissioner shall provide a copy of the information obtained from the central\nregistry or the Central Criminal Records Exchange or both to the applicant.\n\nH. Further dissemination of the background check information is prohibited other\nthan to the Commissioner’s representative or a federal or state authority\nor court as may be required to comply with an express requirement of law for\nsuch further dissemination.\n\nHISTORY: 2025, c. 451.","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}}