{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-162.15_1.17.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-162.15_1.17.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-162.15_1.17.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-162.15_1.17.html"}],"law_id":84103,"edition_id":1,"section_id":84103,"structure_id":14372,"section_number":"32.1-162.15:1.17","catch_line":"(Effective July 1, 2026) Employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty","history":"2025, c. 451.","full_text":"A\n\nNo Center may hire for compensated employment, continue to employ persons, or permit persons to serve as volunteers who (i) have been convicted of any barrier crime as defined in &#xA7; 19.2-392.02 or (ii) are the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. All persons interested in volunteering at a Center and all applicants for employment at a Center shall undergo background checks pursuant to subsection B. For the purposes of this section, convictions for any barrier crime as defined in &#xA7; 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.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 &#xA7; 19.2-389; and3\n\nA search of the central registry maintained pursuant to &#xA7; 63.2-1515 for any founded complaint of child abuse and neglect.C\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.D\n\nA Center shall obtain (i) an original criminal record clearance with respect to any barrier crime as defined in &#xA7; 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange for any compensated employees within 30 days of employment and any volunteer within 30 days of commencement of volunteer service and (ii) a copy of the information from the central registry for any compensated employee within 30 days of employment. However, no employee or volunteer may be permitted to work in a position that involves direct contact with a child receiving services until an original criminal record clearance or original criminal history record has been received, unless such person works under the direct supervision of an employee for whom a background check has been completed in accordance with the requirements of this section. If an applicant is denied employment or if a volunteer is denied service because of information from the central registry or convictions appearing on his criminal history record, the Center shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant or volunteer.E\n\nFurther dissemination of the background check information is prohibited other than to the Commissioner&#8217;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.F\n\nNo person who complies in good faith with the provisions of this section shall be liable for any civil damages for any act or omission in the performance of duties under this section unless the act or omission was the result of gross negligence or willful misconduct.","order_by":null,"text":{"0":{"id":301403,"text":"No Center may hire for compensated employment, continue to employ persons, or permit persons to serve as volunteers who (i) have been convicted of any barrier crime as defined in &#xA7; 19.2-392.02 or (ii) are the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. All persons interested in volunteering at a Center and all applicants for employment at a Center shall undergo background checks pursuant to subsection B. For the purposes of this section, convictions for any barrier crime as defined in &#xA7; 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":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301404,"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":301405,"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":301406,"text":"A criminal history records check through the Central Criminal Records Exchange pursuant to &#xA7; 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":301407,"text":"A search of the central registry maintained pursuant to &#xA7; 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":301408,"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":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":301409,"text":"A Center shall obtain (i) an original criminal record clearance with respect to any barrier crime as defined in &#xA7; 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange for any compensated employees within 30 days of employment and any volunteer within 30 days of commencement of volunteer service and (ii) a copy of the information from the central registry for any compensated employee within 30 days of employment. However, no employee or volunteer may be permitted to work in a position that involves direct contact with a child receiving services until an original criminal record clearance or original criminal history record has been received, unless such person works under the direct supervision of an employee for whom a background check has been completed in accordance with the requirements of this section. If an applicant is denied employment or if a volunteer is denied service because of information from the central registry or convictions appearing on his criminal history record, the Center shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant or volunteer.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":301410,"text":"Further dissemination of the background check information is prohibited other than to the Commissioner&#8217;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":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":301411,"text":"No person who complies in good faith with the provisions of this section shall be liable for any civil damages for any act or omission in the performance of duties under this section unless the act or omission was the result of gross negligence or willful misconduct.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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; penalty","url":"\/32.1-162.15_1.10\/","token":"32.1\/5\/7.2\/32.1-162.15_1.10","metadata":false},{"id":56416,"structure_id":14372,"section_number":"32.1-162.15:1.11","catch_line":"(Effective July 1, 2026) Scope and duration of services; individualized plans of care","url":"\/32.1-162.15_1.11\/","token":"32.1\/5\/7.2\/32.1-162.15_1.11","metadata":false},{"id":68629,"structure_id":14372,"section_number":"32.1-162.15:1.12","catch_line":"(Effective July 1, 2026) Operation and management; staffing","url":"\/32.1-162.15_1.12\/","token":"32.1\/5\/7.2\/32.1-162.15_1.12","metadata":false},{"id":67798,"structure_id":14372,"section_number":"32.1-162.15:1.13","catch_line":"(Effective July 1, 2026) Facilities and maintenance; regulations","url":"\/32.1-162.15_1.13\/","token":"32.1\/5\/7.2\/32.1-162.15_1.13","metadata":false},{"id":79117,"structure_id":14372,"section_number":"32.1-162.15:1.14","catch_line":"(Effective July 1, 2026) Confidentiality of complainant's identity","url":"\/32.1-162.15_1.14\/","token":"32.1\/5\/7.2\/32.1-162.15_1.14","metadata":false},{"id":58407,"structure_id":14372,"section_number":"32.1-162.15:1.15","catch_line":"(Effective July 1, 2026) Retaliation or discrimination against complainants","url":"\/32.1-162.15_1.15\/","token":"32.1\/5\/7.2\/32.1-162.15_1.15","metadata":false},{"id":55699,"structure_id":14372,"section_number":"32.1-162.15:1.16","catch_line":"(Effective July 1, 2026) Retaliation against reports of child or adult abuse or neglect","url":"\/32.1-162.15_1.16\/","token":"32.1\/5\/7.2\/32.1-162.15_1.16","metadata":false},{"id":84103,"structure_id":14372,"section_number":"32.1-162.15:1.17","catch_line":"(Effective July 1, 2026) Employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty","url":"\/32.1-162.15_1.17\/","token":"32.1\/5\/7.2\/32.1-162.15_1.17","metadata":false},{"id":75534,"structure_id":14372,"section_number":"32.1-162.15:1.18","catch_line":"(Effective July 1, 2026) Revocation or denial of renewal based on background checks; failure to obtain background check","url":"\/32.1-162.15_1.18\/","token":"32.1\/5\/7.2\/32.1-162.15_1.18","metadata":false},{"id":68258,"structure_id":14372,"section_number":"32.1-162.15:1.19","catch_line":"(Effective July 1, 2026) Offenses; penalty","url":"\/32.1-162.15_1.19\/","token":"32.1\/5\/7.2\/32.1-162.15_1.19","metadata":false},{"id":82873,"structure_id":14372,"section_number":"32.1-162.15:1.2","catch_line":"(Effective July 1, 2026) Licensure","url":"\/32.1-162.15_1.2\/","token":"32.1\/5\/7.2\/32.1-162.15_1.2","metadata":false},{"id":73851,"structure_id":14372,"section_number":"32.1-162.15:1.20","catch_line":"(Effective July 1, 2026) Disciplinary action; civil penalties","url":"\/32.1-162.15_1.20\/","token":"32.1\/5\/7.2\/32.1-162.15_1.20","metadata":false},{"id":83539,"structure_id":14372,"section_number":"32.1-162.15:1.21","catch_line":"(Effective July 1, 2026) Summary suspension; privately operated Centers","url":"\/32.1-162.15_1.21\/","token":"32.1\/5\/7.2\/32.1-162.15_1.21","metadata":false},{"id":66564,"structure_id":14372,"section_number":"32.1-162.15:1.22","catch_line":"(Effective July 1, 2026) Summary suspension; Centers operated by an agency of the Commonwealth","url":"\/32.1-162.15_1.22\/","token":"32.1\/5\/7.2\/32.1-162.15_1.22","metadata":false},{"id":61275,"structure_id":14372,"section_number":"32.1-162.15:1.23","catch_line":"(Effective July 1, 2026) Right to appeal notice of imposition of disciplinary action; Centers operated by agencies of the Commonwealth","url":"\/32.1-162.15_1.23\/","token":"32.1\/5\/7.2\/32.1-162.15_1.23","metadata":false},{"id":65890,"structure_id":14372,"section_number":"32.1-162.15:1.3","catch_line":"(Effective July 1, 2026) Application fees; use of fees","url":"\/32.1-162.15_1.3\/","token":"32.1\/5\/7.2\/32.1-162.15_1.3","metadata":false},{"id":74899,"structure_id":14372,"section_number":"32.1-162.15:1.4","catch_line":"(Effective July 1, 2026) Licenses required; issuance, expiration, and renewal; maximum number of children; posting of licenses","url":"\/32.1-162.15_1.4\/","token":"32.1\/5\/7.2\/32.1-162.15_1.4","metadata":false},{"id":85967,"structure_id":14372,"section_number":"32.1-162.15:1.5","catch_line":"(Effective July 1, 2026) Inspection on receipt of application","url":"\/32.1-162.15_1.5\/","token":"32.1\/5\/7.2\/32.1-162.15_1.5","metadata":false},{"id":68685,"structure_id":14372,"section_number":"32.1-162.15:1.6","catch_line":"(Effective July 1, 2026) Issuance or refusal of license; notification; provisional and conditional licenses","url":"\/32.1-162.15_1.6\/","token":"32.1\/5\/7.2\/32.1-162.15_1.6","metadata":false},{"id":59990,"structure_id":14372,"section_number":"32.1-162.15:1.7","catch_line":"(Effective July 1, 2026) Compliance with Uniform Statewide Building Code","url":"\/32.1-162.15_1.7\/","token":"32.1\/5\/7.2\/32.1-162.15_1.7","metadata":false},{"id":58941,"structure_id":14372,"section_number":"32.1-162.15:1.8","catch_line":"(Effective July 1, 2026) Inspections and interviews","url":"\/32.1-162.15_1.8\/","token":"32.1\/5\/7.2\/32.1-162.15_1.8","metadata":false},{"id":63710,"structure_id":14372,"section_number":"32.1-162.15:1.9","catch_line":"(Effective July 1, 2026) Records and reports","url":"\/32.1-162.15_1.9\/","token":"32.1\/5\/7.2\/32.1-162.15_1.9","metadata":false}],"previous_section":{"id":55699,"structure_id":14372,"section_number":"32.1-162.15:1.16","catch_line":"(Effective July 1, 2026) Retaliation against reports of child or adult abuse or neglect","url":"\/32.1-162.15_1.16\/","token":"32.1\/5\/7.2\/32.1-162.15_1.16","metadata":false},"next_section":{"id":75534,"structure_id":14372,"section_number":"32.1-162.15:1.18","catch_line":"(Effective July 1, 2026) Revocation or denial of renewal based on background checks; failure to obtain background check","url":"\/32.1-162.15_1.18\/","token":"32.1\/5\/7.2\/32.1-162.15_1.18","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-162.15:1.17\/","history_text":"<p>This law was first created in 2025. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0451\">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":75534,"section_number":"32.1-162.15:1.18","catch_line":"(Effective July 1, 2026) Revocation or denial of renewal based on background checks; failure to obtain background check","order_by":null,"url":"\/32.1-162.15_1.18\/"}],"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":203377,"object_type":"law","relational_id":84103,"identifier":"32.1-162.15:1.17","token":"32.1\/5\/7.2\/32.1-162.15_1.17","url":"\/32.1-162.15_1.17\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-162.15_1.17\/","token":"32.1\/5\/7.2\/32.1-162.15_1.17","dublin_core":{"Title":"(Effective July 1, 2026) Employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-162.15:1.17","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No <span class=\"dictionary\">Center<\/span> may hire for compensated employment, continue to employ <span class=\"dictionary\">persons<\/span>, or permit <span class=\"dictionary\">persons<\/span> to serve as volunteers who (i) have been convicted of any barrier <span class=\"dictionary\">crime<\/span> as defined in &#xA7; <a class=\"law\" title=\"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled\" href=\"\/19.2-392.02\/\">19.2-392.02<\/a> or (ii) are the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. All <span class=\"dictionary\">persons<\/span> interested in volunteering at a <span class=\"dictionary\">Center<\/span> and all applicants for employment at a <span class=\"dictionary\">Center<\/span> shall undergo background checks pursuant to subsection B. For the purposes of this section, <span class=\"dictionary\">convictions<\/span> for any barrier <span class=\"dictionary\">crime<\/span> as defined in &#xA7; <a class=\"law\" title=\"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled\" href=\"\/19.2-392.02\/\">19.2-392.02<\/a> shall include prior adult <span class=\"dictionary\">convictions<\/span> and juvenile <span class=\"dictionary\">convictions<\/span> or adjudications of delinquency based on a <span class=\"dictionary\">crime<\/span> that would be a <span class=\"dictionary\">felony<\/span> if committed by an adult within or outside the Commonwealth. <a id=\"paragraph-301403\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.17\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Background checks pursuant to subsection A require: <a id=\"paragraph-301404\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.17\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> A sworn statement or affirmation disclosing whether the <span class=\"dictionary\">person<\/span> has a criminal <span class=\"dictionary\">conviction<\/span> or is the subject of any pending criminal charges within or outside the Commonwealth and whether or not the <span class=\"dictionary\">person<\/span> has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth; <a id=\"paragraph-301405\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.17\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A criminal history records check through the Central Criminal Records Exchange pursuant to &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Dissemination of criminal history record information\" href=\"\/19.2-389\/\">19.2-389<\/a>; and <a id=\"paragraph-301406\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.17\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> A search of the central registry maintained pursuant to &#xA7; <a class=\"law\" title=\"Central registry; disclosure of information\" href=\"\/63.2-1515\/\">63.2-1515<\/a> for any founded complaint of child abuse and neglect. <a id=\"paragraph-301407\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.17\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any <span class=\"dictionary\">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 <span class=\"dictionary\">misdemeanor<\/span>. <a id=\"paragraph-301408\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.17\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> A <span class=\"dictionary\">Center<\/span> shall obtain (i) an original criminal record clearance with respect to any barrier <span class=\"dictionary\">crime<\/span> as defined in &#xA7; <a class=\"law\" title=\"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled\" href=\"\/19.2-392.02\/\">19.2-392.02<\/a> or an original criminal history record from the Central Criminal Records Exchange for any compensated employees within 30 days of employment and any volunteer within 30 days of commencement of volunteer service and (ii) a copy of the information from the central registry for any compensated employee within 30 days of employment. However, no employee or volunteer may be permitted to work in a position that involves direct contact with a child receiving services until an original criminal record clearance or original criminal history record has been received, unless such <span class=\"dictionary\">person<\/span> works under the direct supervision of an employee for whom a background check has been completed in accordance with the requirements of this section. If an applicant is denied employment or if a volunteer is denied service because of information from the central registry or <span class=\"dictionary\">convictions<\/span> appearing on his criminal history record, the <span class=\"dictionary\">Center<\/span> shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant or volunteer. <a id=\"paragraph-301409\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.17\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Further dissemination of the background check information is prohibited other than to the <span class=\"dictionary\">Commissioner<\/span>&#8217;s representative or a federal or state authority or <span class=\"dictionary\">court<\/span> as may be required to comply with an express requirement of <span class=\"dictionary\">law<\/span> for such further dissemination. <a id=\"paragraph-301410\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.17\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> No <span class=\"dictionary\">person<\/span> who complies in good faith with the provisions of this section shall be liable for any civil <span class=\"dictionary\">damages<\/span> for any act or omission in the performance of duties under this section unless the act or omission was the result of gross <span class=\"dictionary\">negligence<\/span> or willful misconduct. <a id=\"paragraph-301411\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-162.15_1.17\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) EMPLOYMENT FOR COMPENSATION OF PERSONS OR USE OF\nVOLUNTEERS CONVICTED OF CERTAIN OFFENSES PROHIBITED; BACKGROUND CHECK REQUIRED;\nPENALTY (\u00a7 32.1-162.15:1.17)\n\nA. No Center may hire for compensated employment, continue to employ persons, or\npermit persons to serve as volunteers who (i) have been convicted of any barrier\ncrime as defined in &#xA7; 19.2-392.02 or (ii) are the subject of a founded\ncomplaint of child abuse or neglect within or outside the Commonwealth. All\npersons interested in volunteering at a Center and all applicants for employment\nat a Center shall undergo background checks pursuant to subsection B. For the\npurposes of this section, convictions for any barrier crime as defined in &#xA7;\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\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 &#xA7; 19.2-389; and\n\n   3. A search of the central registry maintained pursuant to &#xA7; 63.2-1515\n   for any founded complaint of child abuse and neglect.\n\nC. 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\nD. A Center shall obtain (i) an original criminal record clearance with respect\nto any barrier crime as defined in &#xA7; 19.2-392.02 or an original criminal\nhistory record from the Central Criminal Records Exchange for any compensated\nemployees within 30 days of employment and any volunteer within 30 days of\ncommencement of volunteer service and (ii) a copy of the information from the\ncentral registry for any compensated employee within 30 days of employment.\nHowever, no employee or volunteer may be permitted to work in a position that\ninvolves direct contact with a child receiving services until an original\ncriminal record clearance or original criminal history record has been received,\nunless such person works under the direct supervision of an employee for whom a\nbackground check has been completed in accordance with the requirements of this\nsection. If an applicant is denied employment or if a volunteer is denied\nservice because of information from the central registry or convictions\nappearing on his criminal history record, the Center shall provide a copy of the\ninformation obtained from the central registry or the Central Criminal Records\nExchange or both to the applicant or volunteer.\n\nE. Further dissemination of the background check information is prohibited other\nthan to the Commissioner&#8217;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\nF. No person who complies in good faith with the provisions of this section\nshall be liable for any civil damages for any act or omission in the performance\nof duties under this section unless the act or omission was the result of gross\nnegligence or willful misconduct.\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}}