{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-408.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-408.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-408.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-408.1.html"}],"law_id":70260,"edition_id":1,"section_id":70260,"structure_id":15694,"section_number":"37.2-408.1","catch_line":"Background check required; children’s residential facilities","history":"2008, c. 873; 2012, cc. 383, 476, 507; 2016, c. 580; 2017, c. 809; 2019, cc. 100, 282; 2022, c. 729.","full_text":"A\n\nNotwithstanding the provisions of § 37.2-416, as a condition of employment, volunteering or providing services on a regular basis, every children’s residential facility that is regulated or operated by the Department shall require any person who (i) accepts a position of employment at such a facility, (ii) is currently employed by such a facility, (iii) volunteers for such a facility, or (iv) provides contractual services directly to a juvenile for such a facility to submit to fingerprinting and to provide personal descriptive information, to be forwarded along with the person’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the person. The children’s residential facility shall inform the person that he is entitled to obtain a copy of any background check report and to challenge the accuracy and completeness of any such report and obtain a prompt resolution before a final determination is made of the person’s eligibility to have responsibility for the safety and well-being of children. The person shall provide the children’s residential facility with a written statement or affirmation disclosing whether he has ever been convicted of or is the subject of pending charges for any offense within or outside the Commonwealth.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of a person’s record or notification that no record exists, shall forward it to the state agency that operates or regulates the children’s residential facility with which the person is affiliated. The state agency shall, upon receipt of a person’s record lacking disposition data, conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data. The state agency shall report to the children’s facility whether the person is eligible to have responsibility for the safety and well-being of children. Except as otherwise provided in subsection B, no children’s residential facility regulated or operated by the Department shall hire for compensated employment or allow to volunteer or provide contractual services persons who have been convicted of or are the subject of pending charges for (a) any offense set forth in clause (i), (ii), (iii), or (v) of the definition of barrier crime in § 19.2-392.02 or (b) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (1) in the five years prior to the application date for employment, to be a volunteer, or to provide contractual services or (2) such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02. The provisions of this section also shall apply to structured residential programs, excluding secure detention facilities, established pursuant to § 16.1-309.3 for juvenile offenders cited in a complaint for intake or in a petition before the court that alleges the juvenile is delinquent or in need of services or supervision.B\n\nNotwithstanding the provisions of subsection A, a children’s residential facility may hire for compensated employment or for volunteer or contractual service purposes persons who have 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, if 10 years have elapsed following the conviction, unless the person committed such offense in the scope of his employment, volunteer, or contractual services.\n\t\t\tIf the person is denied employment, or the opportunity to volunteer or provide services, at a children’s residential facility because of information appearing on his criminal history record, and the person disputes the information upon which the denial was based, upon written request of the person the state agency shall furnish the person the procedures for obtaining his criminal history record from the Federal Bureau of Investigation. The information provided to the children’s residential facility shall not be disseminated except as provided in this section.C\n\nThose persons listed in clauses (i) through (iv) of subsection A also shall authorize the children’s residential facility to obtain a copy of information from the central registry maintained pursuant to § 63.2-1515 on any investigation of child abuse or neglect undertaken on him. The person shall provide the children’s residential facility with a written statement or affirmation disclosing whether he has ever been the subject of a founded case of child abuse or neglect within or outside the Commonwealth. Children’s residential facilities regulated or operated by the Department shall not hire for compensated employment, or allow to volunteer or provide contractual services, persons who have a founded case of child abuse or neglect.D\n\nNo person shall be allowed to work, volunteer, or provide services at a children’s residential facility unless (i) all components of the background check required pursuant to this section have been received by the children’s residential facility and (ii) the person is eligible to have responsibility for the safety and well-being of children in accordance with subsections A and C.E\n\nNotwithstanding any provisions of this section to the contrary, a children’s residential facility may employ a person specified in subsection A pending the results of the check of the central registry maintained by the Department pursuant to § 63.2-1515 required by this section, provided that (i) the person has received qualifying results on the fingerprint-based criminal history background check, (ii) the person does not work in the children’s residential facility or any other location where children placed in such facility are present, and (iii) such employment is permitted under 42 U.S.C. § 671 and regulations promulgated pursuant thereto.F\n\nThe cost of obtaining the criminal history record and the central registry information shall be borne by the person unless the children’s residential facility, at its option, decides to pay the cost.","order_by":null,"text":{"0":{"id":253692,"text":"Notwithstanding the provisions of § 37.2-416, as a condition of employment, volunteering or providing services on a regular basis, every children’s residential facility that is regulated or operated by the Department shall require any person who (i) accepts a position of employment at such a facility, (ii) is currently employed by such a facility, (iii) volunteers for such a facility, or (iv) provides contractual services directly to a juvenile for such a facility to submit to fingerprinting and to provide personal descriptive information, to be forwarded along with the person’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the person. The children’s residential facility shall inform the person that he is entitled to obtain a copy of any background check report and to challenge the accuracy and completeness of any such report and obtain a prompt resolution before a final determination is made of the person’s eligibility to have responsibility for the safety and well-being of children. The person shall provide the children’s residential facility with a written statement or affirmation disclosing whether he has ever been convicted of or is the subject of pending charges for any offense within or outside the Commonwealth.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of a person’s record or notification that no record exists, shall forward it to the state agency that operates or regulates the children’s residential facility with which the person is affiliated. The state agency shall, upon receipt of a person’s record lacking disposition data, conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data. The state agency shall report to the children’s facility whether the person is eligible to have responsibility for the safety and well-being of children. Except as otherwise provided in subsection B, no children’s residential facility regulated or operated by the Department shall hire for compensated employment or allow to volunteer or provide contractual services persons who have been convicted of or are the subject of pending charges for (a) any offense set forth in clause (i), (ii), (iii), or (v) of the definition of barrier crime in § 19.2-392.02 or (b) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (1) in the five years prior to the application date for employment, to be a volunteer, or to provide contractual services or (2) such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02. The provisions of this section also shall apply to structured residential programs, excluding secure detention facilities, established pursuant to § 16.1-309.3 for juvenile offenders cited in a complaint for intake or in a petition before the court that alleges the juvenile is delinquent or in need of services or supervision.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":253693,"text":"Notwithstanding the provisions of subsection A, a children’s residential facility may hire for compensated employment or for volunteer or contractual service purposes persons who have 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, if 10 years have elapsed following the conviction, unless the person committed such offense in the scope of his employment, volunteer, or contractual services.\n\t\t\tIf the person is denied employment, or the opportunity to volunteer or provide services, at a children’s residential facility because of information appearing on his criminal history record, and the person disputes the information upon which the denial was based, upon written request of the person the state agency shall furnish the person the procedures for obtaining his criminal history record from the Federal Bureau of Investigation. The information provided to the children’s residential facility shall not be disseminated except as provided in this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":253694,"text":"Those persons listed in clauses (i) through (iv) of subsection A also shall authorize the children’s residential facility to obtain a copy of information from the central registry maintained pursuant to § 63.2-1515 on any investigation of child abuse or neglect undertaken on him. The person shall provide the children’s residential facility with a written statement or affirmation disclosing whether he has ever been the subject of a founded case of child abuse or neglect within or outside the Commonwealth. Children’s residential facilities regulated or operated by the Department shall not hire for compensated employment, or allow to volunteer or provide contractual services, persons who have a founded case of child abuse or neglect.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":253695,"text":"No person shall be allowed to work, volunteer, or provide services at a children’s residential facility unless (i) all components of the background check required pursuant to this section have been received by the children’s residential facility and (ii) the person is eligible to have responsibility for the safety and well-being of children in accordance with subsections A and C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":253696,"text":"Notwithstanding any provisions of this section to the contrary, a children’s residential facility may employ a person specified in subsection A pending the results of the check of the central registry maintained by the Department pursuant to § 63.2-1515 required by this section, provided that (i) the person has received qualifying results on the fingerprint-based criminal history background check, (ii) the person does not work in the children’s residential facility or any other location where children placed in such facility are present, and (iii) such employment is permitted under 42 U.S.C. § 671 and regulations promulgated pursuant thereto.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":253697,"text":"The cost of obtaining the criminal history record and the central registry information shall be borne by the person unless the children’s residential facility, at its option, decides to pay the cost.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15694,"edition_id":1,"name":"Licensing Providers of Behavioral Health and Developmental Services","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13665,"metadata":{},"date_created":"2026-06-26 03:58:00","date_modified":"2026-06-26 03:58:00","permalink":{"id":209875,"object_type":"structure","relational_id":15694,"identifier":"2","token":"37.2\/I\/4\/2","url":"\/37.2\/I\/4\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13665,"edition_id":1,"name":"Protection of Consumers","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12844,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":209859,"object_type":"structure","relational_id":13665,"identifier":"4","token":"37.2\/I\/4","url":"\/37.2\/I\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12844,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209675,"object_type":"structure","relational_id":12844,"identifier":"I","token":"37.2\/I","url":"\/37.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60864,"structure_id":15694,"section_number":"37.2-403","catch_line":"Definitions","url":"\/37.2-403\/","token":"37.2\/I\/4\/2\/37.2-403","metadata":false},{"id":73103,"structure_id":15694,"section_number":"37.2-404","catch_line":"Authority of Commissioner to grant licenses","url":"\/37.2-404\/","token":"37.2\/I\/4\/2\/37.2-404","metadata":false},{"id":87479,"structure_id":15694,"section_number":"37.2-405","catch_line":"License required; exception; license not transferable; operation of existing services; persons not to be admitted, etc., to unlicensed providers","url":"\/37.2-405\/","token":"37.2\/I\/4\/2\/37.2-405","metadata":false},{"id":73737,"structure_id":15694,"section_number":"37.2-405.1","catch_line":"Certain provider information on website","url":"\/37.2-405.1\/","token":"37.2\/I\/4\/2\/37.2-405.1","metadata":false},{"id":68841,"structure_id":15694,"section_number":"37.2-405.2","catch_line":"Certain information required of applicants to operate a licensed service","url":"\/37.2-405.2\/","token":"37.2\/I\/4\/2\/37.2-405.2","metadata":false},{"id":60249,"structure_id":15694,"section_number":"37.2-406","catch_line":"Conditions for initial licensure of certain providers","url":"\/37.2-406\/","token":"37.2\/I\/4\/2\/37.2-406","metadata":false},{"id":72627,"structure_id":15694,"section_number":"37.2-407","catch_line":"Regulations for treatment of pregnant women with substance abuse","url":"\/37.2-407\/","token":"37.2\/I\/4\/2\/37.2-407","metadata":false},{"id":76702,"structure_id":15694,"section_number":"37.2-408","catch_line":"Regulation of services delivered in group homes and residential facilities for children","url":"\/37.2-408\/","token":"37.2\/I\/4\/2\/37.2-408","metadata":false},{"id":70260,"structure_id":15694,"section_number":"37.2-408.1","catch_line":"Background check required; children's residential facilities","url":"\/37.2-408.1\/","token":"37.2\/I\/4\/2\/37.2-408.1","metadata":false},{"id":70637,"structure_id":15694,"section_number":"37.2-409","catch_line":"Intermediate care facilities for individuals with intellectual disability","url":"\/37.2-409\/","token":"37.2\/I\/4\/2\/37.2-409","metadata":false},{"id":82631,"structure_id":15694,"section_number":"37.2-410","catch_line":"Expiration of license; renewal; license fees","url":"\/37.2-410\/","token":"37.2\/I\/4\/2\/37.2-410","metadata":false},{"id":87344,"structure_id":15694,"section_number":"37.2-411","catch_line":"Inspections","url":"\/37.2-411\/","token":"37.2\/I\/4\/2\/37.2-411","metadata":false},{"id":86651,"structure_id":15694,"section_number":"37.2-412","catch_line":"Human rights review","url":"\/37.2-412\/","token":"37.2\/I\/4\/2\/37.2-412","metadata":false},{"id":62542,"structure_id":15694,"section_number":"37.2-413","catch_line":"Necessity for supervision by licensed provider","url":"\/37.2-413\/","token":"37.2\/I\/4\/2\/37.2-413","metadata":false},{"id":63693,"structure_id":15694,"section_number":"37.2-414","catch_line":"Cure by mental or spiritual means without use of drugs or material remedy","url":"\/37.2-414\/","token":"37.2\/I\/4\/2\/37.2-414","metadata":false},{"id":60118,"structure_id":15694,"section_number":"37.2-415","catch_line":"Provisional and conditional licenses","url":"\/37.2-415\/","token":"37.2\/I\/4\/2\/37.2-415","metadata":false},{"id":64373,"structure_id":15694,"section_number":"37.2-416","catch_line":"Background checks required; services for children and developmental services","url":"\/37.2-416\/","token":"37.2\/I\/4\/2\/37.2-416","metadata":false},{"id":67357,"structure_id":15694,"section_number":"37.2-416.1","catch_line":"Background checks required; adult substance abuse and mental health services","url":"\/37.2-416.1\/","token":"37.2\/I\/4\/2\/37.2-416.1","metadata":false},{"id":75400,"structure_id":15694,"section_number":"37.2-417","catch_line":"Proceeding to prevent unlawful operation of service","url":"\/37.2-417\/","token":"37.2\/I\/4\/2\/37.2-417","metadata":false},{"id":72368,"structure_id":15694,"section_number":"37.2-418","catch_line":"Revocation, suspension, or refusal of licenses; resumption of operation; summary suspension under certain circumstances; penalty","url":"\/37.2-418\/","token":"37.2\/I\/4\/2\/37.2-418","metadata":false},{"id":79849,"structure_id":15694,"section_number":"37.2-419","catch_line":"Human rights and licensing enforcement and sanctions; notice","url":"\/37.2-419\/","token":"37.2\/I\/4\/2\/37.2-419","metadata":false},{"id":87138,"structure_id":15694,"section_number":"37.2-419.1","catch_line":"Summary suspension of adult facility licenses under certain circumstances; due process; penalty","url":"\/37.2-419.1\/","token":"37.2\/I\/4\/2\/37.2-419.1","metadata":false},{"id":74139,"structure_id":15694,"section_number":"37.2-420","catch_line":"Offer or payment of remuneration in exchange for referral prohibited","url":"\/37.2-420\/","token":"37.2\/I\/4\/2\/37.2-420","metadata":false},{"id":80959,"structure_id":15694,"section_number":"37.2-421","catch_line":"Advertising by licensed providers","url":"\/37.2-421\/","token":"37.2\/I\/4\/2\/37.2-421","metadata":false},{"id":76342,"structure_id":15694,"section_number":"37.2-421.1","catch_line":"Supportive housing providers","url":"\/37.2-421.1\/","token":"37.2\/I\/4\/2\/37.2-421.1","metadata":false},{"id":87042,"structure_id":15694,"section_number":"37.2-422","catch_line":"Penalty","url":"\/37.2-422\/","token":"37.2\/I\/4\/2\/37.2-422","metadata":false}],"previous_section":{"id":76702,"structure_id":15694,"section_number":"37.2-408","catch_line":"Regulation of services delivered in group homes and residential facilities for children","url":"\/37.2-408\/","token":"37.2\/I\/4\/2\/37.2-408","metadata":false},"next_section":{"id":70637,"structure_id":15694,"section_number":"37.2-409","catch_line":"Intermediate care facilities for individuals with intellectual disability","url":"\/37.2-409\/","token":"37.2\/I\/4\/2\/37.2-409","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-408.1\/","history_text":"

This law was first created in 2008. The record of its establishment is cataloged in chapter 873<\/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. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2012, chapters 383<\/a>, 476<\/a>, and 507<\/a>; in 2016, chapter 580<\/a>; in 2017, chapter 809<\/a>; in 2019, chapters 100<\/a> and 282<\/a>; in 2022, chapter 729<\/a>.<\/p>","references":false,"refers_to":[{"id":66406,"section_number":"16.1-309.3","catch_line":"Establishment of a community-based system of services; biennial local plan; quarterly report","order_by":null,"url":"\/16.1-309.3\/"},{"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":64373,"section_number":"37.2-416","catch_line":"Background checks required; services for children and developmental services","order_by":null,"url":"\/37.2-416\/"},{"id":67092,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","order_by":null,"url":"\/63.2-1515\/"}],"permalink":{"id":209909,"object_type":"law","relational_id":70260,"identifier":"37.2-408.1","token":"37.2\/I\/4\/2\/37.2-408.1","url":"\/37.2-408.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-408.1\/","token":"37.2\/I\/4\/2\/37.2-408.1","dublin_core":{"Title":"Background check required; children’s residential facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-408.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of § 37.2-416<\/a>, as a condition of employment, volunteering or providing services on a regular basis, every children’s residential facility<\/span> that is regulated or operated by the Department<\/span> shall require any person who (i) accepts a position of employment at such a facility<\/span>, (ii) is currently employed by such a facility<\/span>, (iii) volunteers for such a facility<\/span>, or (iv) provides contractual services directly to a juvenile for such a facility<\/span> to submit to fingerprinting and to provide personal descriptive information, to be forwarded along with the person’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the person. The children’s residential facility<\/span> shall inform the person that he is entitled to obtain a copy of any background check report and to challenge the accuracy and completeness of any such report and obtain a prompt resolution before a final determination is made of the person’s eligibility to have responsibility for the safety and well-being of children. The person shall provide the children’s residential facility<\/span> with a written statement or affirmation disclosing whether he has ever been convicted of or is the subject of pending charges for any offense<\/span> within or outside the Commonwealth.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of a person’s record or notification that no record exists, shall forward it to the state<\/span> agency that operates or regulates the children’s residential facility<\/span> with which the person is affiliated. The state<\/span> agency shall, upon receipt of a person’s record lacking disposition<\/span> data, conduct research in whatever state<\/span> and local recordkeeping systems are available in order<\/span> to obtain complete data. The state<\/span> agency shall report to the children’s facility<\/span> whether the person is eligible to have responsibility for the safety and well-being of children. Except as otherwise provided in subsection B, no children’s residential facility<\/span> regulated or operated by the Department<\/span> shall hire for compensated employment or allow to volunteer or provide contractual services persons who have been convicted of or are the subject of pending charges for (a) any offense<\/span> set forth in clause (i), (ii), (iii), or (v) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> or (b) any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> (1) in the five years prior to the application date for employment, to be a volunteer, or to provide contractual services or (2) such person continues on probation<\/span> or parole<\/span> or has failed to pay required court<\/span> costs for such offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>. The provisions of this section also shall apply to structured residential programs, excluding secure detention facilities, established pursuant to § 16.1-309.3<\/a> for juvenile offenders cited in a complaint for intake or in a petition<\/span> before the court<\/span> that alleges the juvenile is delinquent or in need of services or supervision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A, a children’s residential facility<\/span> may hire for compensated employment or for volunteer or contractual service purposes persons who have 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>, if 10 years have elapsed following the conviction<\/span>, unless the person committed such offense<\/span> in the scope of his employment, volunteer, or contractual services.\n\t\t\tIf the person is denied employment, or the opportunity to volunteer or provide services, at a children’s residential facility<\/span> because of information appearing on his criminal history record, and the person disputes the information upon which the denial was based, upon written request of the person the state<\/span> agency shall furnish the person the procedures for obtaining his criminal history record from the Federal Bureau of Investigation. The information provided to the children’s residential facility<\/span> shall not be disseminated except as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Those persons listed in clauses (i) through (iv) of subsection A also shall authorize the children’s residential facility<\/span> to obtain a copy of information from the central registry maintained pursuant to § 63.2-1515<\/a> on any investigation of child abuse<\/span> or neglect<\/span> undertaken on him. The person shall provide the children’s residential facility<\/span> with a written statement or affirmation disclosing whether he has ever been the subject of a founded case of child abuse<\/span> or neglect<\/span> within or outside the Commonwealth. Children’s residential facilities regulated or operated by the Department<\/span> shall not hire for compensated employment, or allow to volunteer or provide contractual services, persons who have a founded case of child abuse<\/span> or neglect<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No person shall be allowed to work, volunteer, or provide services at a children’s residential facility<\/span> unless (i) all components of the background check required pursuant to this section have been received by the children’s residential facility<\/span> and (ii) the person is eligible to have responsibility for the safety and well-being of children in accordance with subsections A and C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any provisions of this section to the contrary, a children’s residential facility<\/span> may employ a person specified in subsection A pending the results of the check of the central registry maintained by the Department<\/span> pursuant to § 63.2-1515<\/a> required by this section, provided that (i) the person has received qualifying results on the fingerprint-based criminal history background check, (ii) the person does not work in the children’s residential facility<\/span> or any other location where children placed in such facility<\/span> are present, and (iii) such employment is permitted under 42 U.S.C. § 671 and regulations promulgated pursuant thereto. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The cost of obtaining the criminal history record and the central registry information shall be borne by the person unless the children’s residential facility<\/span>, at its option, decides to pay the cost. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBACKGROUND CHECK REQUIRED; CHILDREN’S RESIDENTIAL FACILITIES (\u00a7\n37.2-408.1)\n\nA. Notwithstanding the provisions of § 37.2-416, as a condition of\nemployment, volunteering or providing services on a regular basis, every\nchildren’s residential facility that is regulated or operated by the\nDepartment shall require any person who (i) accepts a position of employment at\nsuch a facility, (ii) is currently employed by such a facility, (iii) volunteers\nfor such a facility, or (iv) provides contractual services directly to a\njuvenile for such a facility to submit to fingerprinting and to provide personal\ndescriptive information, to be forwarded along with the person’s\nfingerprints through the Central Criminal Records Exchange to the Federal Bureau\nof Investigation for the purpose of obtaining criminal history record\ninformation regarding the person. The children’s residential facility\nshall inform the person that he is entitled to obtain a copy of any background\ncheck report and to challenge the accuracy and completeness of any such report\nand obtain a prompt resolution before a final determination is made of the\nperson’s eligibility to have responsibility for the safety and well-being\nof children. The person shall provide the children’s residential facility\nwith a written statement or affirmation disclosing whether he has ever been\nconvicted of or is the subject of pending charges for any offense within or\noutside the Commonwealth.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of a person’s\nrecord or notification that no record exists, shall forward it to the state\nagency that operates or regulates the children’s residential facility with\nwhich the person is affiliated. The state agency shall, upon receipt of a\nperson’s record lacking disposition data, conduct research in whatever\nstate and local recordkeeping systems are available in order to obtain complete\ndata. The state agency shall report to the children’s facility whether the\nperson is eligible to have responsibility for the safety and well-being of\nchildren. Except as otherwise provided in subsection B, no children’s\nresidential facility regulated or operated by the Department shall hire for\ncompensated employment or allow to volunteer or provide contractual services\npersons who have been convicted of or are the subject of pending charges for (a)\nany offense set forth in clause (i), (ii), (iii), or (v) of the definition of\nbarrier crime in § 19.2-392.02 or (b) any offense set forth in clause (iv)\nof the definition of barrier crime in § 19.2-392.02 (1) in the five years\nprior to the application date for employment, to be a volunteer, or to provide\ncontractual services or (2) such person continues on probation or parole or has\nfailed to pay required court costs for such offense set forth in clause (iv) of\nthe definition of barrier crime in § 19.2-392.02. The provisions of this\nsection also shall apply to structured residential programs, excluding secure\ndetention facilities, established pursuant to § 16.1-309.3 for juvenile\noffenders cited in a complaint for intake or in a petition before the court that\nalleges the juvenile is delinquent or in need of services or supervision.\n\nB. Notwithstanding the provisions of subsection A, a children’s\nresidential facility may hire for compensated employment or for volunteer or\ncontractual service purposes persons who have been convicted of not more than\none misdemeanor offense under § 18.2-57 or 18.2-57.2, or any substantially\nsimilar offense under the laws of another jurisdiction, if 10 years have elapsed\nfollowing the conviction, unless the person committed such offense in the scope\nof his employment, volunteer, or contractual services.\n\t\t\tIf the person is denied employment, or the opportunity to volunteer or\nprovide services, at a children’s residential facility because of\ninformation appearing on his criminal history record, and the person disputes\nthe information upon which the denial was based, upon written request of the\nperson the state agency shall furnish the person the procedures for obtaining\nhis criminal history record from the Federal Bureau of Investigation. The\ninformation provided to the children’s residential facility shall not be\ndisseminated except as provided in this section.\n\nC. Those persons listed in clauses (i) through (iv) of subsection A also shall\nauthorize the children’s residential facility to obtain a copy of\ninformation from the central registry maintained pursuant to § 63.2-1515 on\nany investigation of child abuse or neglect undertaken on him. The person shall\nprovide the children’s residential facility with a written statement or\naffirmation disclosing whether he has ever been the subject of a founded case of\nchild abuse or neglect within or outside the Commonwealth. Children’s\nresidential facilities regulated or operated by the Department shall not hire\nfor compensated employment, or allow to volunteer or provide contractual\nservices, persons who have a founded case of child abuse or neglect.\n\nD. No person shall be allowed to work, volunteer, or provide services at a\nchildren’s residential facility unless (i) all components of the\nbackground check required pursuant to this section have been received by the\nchildren’s residential facility and (ii) the person is eligible to have\nresponsibility for the safety and well-being of children in accordance with\nsubsections A and C.\n\nE. Notwithstanding any provisions of this section to the contrary, a\nchildren’s residential facility may employ a person specified in\nsubsection A pending the results of the check of the central registry maintained\nby the Department pursuant to § 63.2-1515 required by this section,\nprovided that (i) the person has received qualifying results on the\nfingerprint-based criminal history background check, (ii) the person does not\nwork in the children’s residential facility or any other location where\nchildren placed in such facility are present, and (iii) such employment is\npermitted under 42 U.S.C. § 671 and regulations promulgated pursuant\nthereto.\n\nF. The cost of obtaining the criminal history record and the central registry\ninformation shall be borne by the person unless the children’s residential\nfacility, at its option, decides to pay the cost.\n\nHISTORY: 2008, c. 873; 2012, cc. 383, 476, 507; 2016, c. 580; 2017, c. 809;\n2019, cc. 100, 282; 2022, c. 729.","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}}