{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-416.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-416.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-416.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-416.html"}],"law_id":64373,"edition_id":1,"section_id":64373,"structure_id":15694,"section_number":"37.2-416","catch_line":"Background checks required; services for children and developmental services","history":"1999, c. 685, \u00a7 37.1-183.3; 2001, cc. 486, 506, 784; 2002, c. 712; 2003, c. 468; 2005, c. 716; 2008, cc. 383, 407; 2011, c. 657; 2012, cc. 476, 507; 2016, c. 574; 2017, cc. 458, 775, 809; 2018, c. 569; 2019, c. 89; 2020, c. 1092; 2021, Sp. Sess. I, cc. 188, 475; 2023, cc. 138, 139, 236.","full_text":"A\n\nAs used in this section:\n\t\t\t“Direct care position” means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an individual younger than 18 years of age in any program providing mental health or substance abuse services; (ii) treatment, case management, health, safety, development, or well-being of an individual in any program providing developmental services; or (iii) immediately supervising a person in a position described in this definition.\n\t\t\t“Hire for compensated employment” includes (i) a promotion or transfer from an adult substance abuse treatment position to any direct care position within the same licensee licensed pursuant to this article or (ii) new employment in any direct care position in another office or program of the same licensee licensed pursuant to this article for which the person has previously worked in an adult substance abuse treatment position.\n\t\t\t“Provider” means a provider who is licensed pursuant to this article and who provides (i) mental health or substance abuse services to individuals who are younger than 18 years of age or (ii) developmental services to any individual regardless of age.\n\t\t\t“Shared living” means an arrangement in which the Commonwealth’s program of medical assistance pays a portion of a person’s rent, utilities, and food expenses in return for the person residing with and providing companionship, support, and other limited, basic assistance to a person with developmental disabilities receiving medical assistance services in accordance with a waiver for whom he has no legal responsibility.B\n\nEvery provider shall require (i) any applicant who accepts employment in any direct care position, (ii) any applicant for approval as a sponsored residential service provider, (iii) any adult living in the home of an applicant for approval as a sponsored residential service provider, (iv) any person employed by a sponsored residential service provider to provide services in the home, (v) any person who enters into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, and (vi) any person under contract with the provider to serve in a direct care position to submit to fingerprinting and provide personal descriptive information to be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant. Except as otherwise provided in subsection C, no provider shall:1\n\nHire for compensated employment any person who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if 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;2\n\nApprove an applicant as a sponsored residential service provider if the applicant, any adult residing in the home of the applicant, or any person employed by the applicant has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date to be a sponsored residential service provider or (b) if such applicant 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;3\n\nPermit to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver any person who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to entering into a shared living arrangement or (b) if 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; or4\n\nAllow any person under contract with the provider to serve in a direct care position who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if 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.\n\t\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall submit a report to the requesting authorized officer or director of a provider. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the authorized officer or director of a provider shall not be disseminated except as provided in this section.C\n\nNotwithstanding the provisions of subsection B, a provider may (i) hire for compensated employment, (ii) approve as a sponsored residential service provider, (iii) permit to enter into a shared living arrangement, or (iv) permit any person under contract with the provider to serve in a direct care position on behalf of the provider or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider 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 the offense while employed in a direct care position. A provider may also approve a person as a sponsored residential service provider if (a) any adult living in the home of an applicant or (b) any person employed by the applicant to provide services in the home in which sponsored residential services are provided has 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 the offense while employed in a direct care position.D\n\nEvery provider shall require, as a condition of employment, approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permission for any person under contract with the provider to serve in a direct care position, written consent and personal information necessary to obtain a search of the registry of founded complaints of child abuse and neglect that is maintained by the Department of Social Services pursuant to § 63.2-1515.E\n\nThe cost of obtaining the criminal history record and search of the child abuse and neglect registry record shall be borne by the applicant, unless the provider decides to pay the cost.F\n\nA person who complies in good faith with the provisions of this section shall not 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.G\n\nNotwithstanding any other provision of law, a provider that provides services to individuals receiving services under the state plan for medical assistance services or any waiver thereto may disclose to the Department of Medical Assistance Services (i) whether a criminal history background check has been completed for a person described in subsection B for whom a criminal history background check is required and (ii) whether the person described in subsection B is eligible for employment, to provide sponsored residential services, to provide services in the home of a sponsored residential service provider, or to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver.H\n\nAny person employed by a temporary agency that has entered into a contract with a provider and who will serve in a direct care position on behalf of such provider shall undergo a background check that shall include:1\n\nA criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389; and2\n\nA search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.\n\t\t\t\tExcept as otherwise provided in subsection C, no provider shall permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider if that person has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if 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.","order_by":null,"text":{"0":{"id":234257,"text":"As used in this section:\n\t\t\t“Direct care position” means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an individual younger than 18 years of age in any program providing mental health or substance abuse services; (ii) treatment, case management, health, safety, development, or well-being of an individual in any program providing developmental services; or (iii) immediately supervising a person in a position described in this definition.\n\t\t\t“Hire for compensated employment” includes (i) a promotion or transfer from an adult substance abuse treatment position to any direct care position within the same licensee licensed pursuant to this article or (ii) new employment in any direct care position in another office or program of the same licensee licensed pursuant to this article for which the person has previously worked in an adult substance abuse treatment position.\n\t\t\t“Provider” means a provider who is licensed pursuant to this article and who provides (i) mental health or substance abuse services to individuals who are younger than 18 years of age or (ii) developmental services to any individual regardless of age.\n\t\t\t“Shared living” means an arrangement in which the Commonwealth’s program of medical assistance pays a portion of a person’s rent, utilities, and food expenses in return for the person residing with and providing companionship, support, and other limited, basic assistance to a person with developmental disabilities receiving medical assistance services in accordance with a waiver for whom he has no legal responsibility.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":234258,"text":"Every provider shall require (i) any applicant who accepts employment in any direct care position, (ii) any applicant for approval as a sponsored residential service provider, (iii) any adult living in the home of an applicant for approval as a sponsored residential service provider, (iv) any person employed by a sponsored residential service provider to provide services in the home, (v) any person who enters into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, and (vi) any person under contract with the provider to serve in a direct care position to submit to fingerprinting and provide personal descriptive information to be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant. Except as otherwise provided in subsection C, no provider shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":234259,"text":"Hire for compensated employment any person who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if 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;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":234260,"text":"Approve an applicant as a sponsored residential service provider if the applicant, any adult residing in the home of the applicant, or any person employed by the applicant has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date to be a sponsored residential service provider or (b) if such applicant 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;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":234261,"text":"Permit to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver any person who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to entering into a shared living arrangement or (b) if 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; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":234262,"text":"Allow any person under contract with the provider to serve in a direct care position who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if 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.\n\t\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall submit a report to the requesting authorized officer or director of a provider. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the authorized officer or director of a provider shall not be disseminated except as provided in this section.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":234263,"text":"Notwithstanding the provisions of subsection B, a provider may (i) hire for compensated employment, (ii) approve as a sponsored residential service provider, (iii) permit to enter into a shared living arrangement, or (iv) permit any person under contract with the provider to serve in a direct care position on behalf of the provider or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider 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 the offense while employed in a direct care position. A provider may also approve a person as a sponsored residential service provider if (a) any adult living in the home of an applicant or (b) any person employed by the applicant to provide services in the home in which sponsored residential services are provided has 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 the offense while employed in a direct care position.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":234264,"text":"Every provider shall require, as a condition of employment, approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permission for any person under contract with the provider to serve in a direct care position, written consent and personal information necessary to obtain a search of the registry of founded complaints of child abuse and neglect that is maintained by the Department of Social Services pursuant to § 63.2-1515.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":234265,"text":"The cost of obtaining the criminal history record and search of the child abuse and neglect registry record shall be borne by the applicant, unless the provider decides to pay the cost.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":234266,"text":"A person who complies in good faith with the provisions of this section shall not 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","next_prefix":"G"},"10":{"id":234267,"text":"Notwithstanding any other provision of law, a provider that provides services to individuals receiving services under the state plan for medical assistance services or any waiver thereto may disclose to the Department of Medical Assistance Services (i) whether a criminal history background check has been completed for a person described in subsection B for whom a criminal history background check is required and (ii) whether the person described in subsection B is eligible for employment, to provide sponsored residential services, to provide services in the home of a sponsored residential service provider, or to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":234268,"text":"Any person employed by a temporary agency that has entered into a contract with a provider and who will serve in a direct care position on behalf of such provider shall undergo a background check that shall include:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"12":{"id":234269,"text":"A criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389; and","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"13":{"id":234270,"text":"A search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.\n\t\t\t\tExcept as otherwise provided in subsection C, no provider shall permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider if that person has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if 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.","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-416\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 685<\/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 13 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 2001, chapters 486<\/a>, 506<\/a>, and 784<\/a>; in 2002, chapter 712<\/a>; in 2003, chapter 468<\/a>; in 2005, chapter 716<\/a>; in 2008, chapters 383<\/a> and 407<\/a>; in 2011, chapter 657<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2016, chapter 574<\/a>; in 2017, chapters 458<\/a>, 775<\/a>, and 809<\/a>; in 2018, chapter 569<\/a>; in 2019, chapter 89<\/a>; in 2020, chapter 1092<\/a>; in 2023, chapters 138<\/a>, 139<\/a>, and 236<\/a>.<\/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":73543,"section_number":"37.2-203.1","catch_line":"Licensed provider; statement to prospective employer","order_by":null,"url":"\/37.2-203.1\/"},{"id":70260,"section_number":"37.2-408.1","catch_line":"Background check required; children's residential facilities","order_by":null,"url":"\/37.2-408.1\/"}],"refers_to":[{"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":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":209941,"object_type":"law","relational_id":64373,"identifier":"37.2-416","token":"37.2\/I\/4\/2\/37.2-416","url":"\/37.2-416\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-416\/","token":"37.2\/I\/4\/2\/37.2-416","dublin_core":{"Title":"Background checks required; services for children and developmental services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-416","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Direct care position<\/span>” means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an individual<\/span> younger than 18 years of age in any program providing mental health or substance abuse services; (ii) treatment, case management, health, safety, development, or well-being of an individual<\/span> in any program providing developmental services<\/span>; or (iii) immediately supervising a person in a position described in this definition.\n\t\t\t“Hire for compensated employment<\/span>” includes (i) a promotion or transfer from an adult substance abuse treatment<\/span> position to any direct care position<\/span> within the same licensee licensed pursuant to this article or (ii) new employment in any direct care position<\/span> in another office or program of the same licensee licensed pursuant to this article for which the person has previously worked in an adult substance abuse treatment<\/span> position.\n\t\t\t“Provider<\/span>” means a provider<\/span> who is licensed pursuant to this article and who provides (i) mental health or substance abuse services to individuals<\/span> who are younger than 18 years of age or (ii) developmental services<\/span> to any individual<\/span> regardless of age.\n\t\t\t“Shared living<\/span>” means an arrangement in which the Commonwealth’s program of medical assistance pays a portion of a person’s rent, utilities, and food expenses in return for the person residing with and providing companionship, support, and other limited, basic assistance to a person with developmental disabilities receiving medical assistance services in accordance with a waiver<\/span> for whom he has no legal responsibility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every provider<\/span> shall require (i) any applicant who accepts employment in any direct care position<\/span>, (ii) any applicant for approval as a sponsored residential service provider<\/span>, (iii) any adult living in the home of an applicant for approval as a sponsored residential service provider<\/span>, (iv) any person employed by a sponsored residential service provider<\/span> to provide services in the home, (v) any person who enters into a shared living<\/span> arrangement with a person receiving medical assistance services pursuant to a waiver<\/span>, and (vi) any person under contract<\/span> with the provider<\/span> to serve in a direct care position<\/span> to submit to fingerprinting and provide personal descriptive information to be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant. Except as otherwise provided in subsection C, no provider<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Hire for compensated employment<\/span> any person who has been convicted of (i) any offense<\/span> set forth in clause (i), (ii), or (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> or (ii) any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> (a) in the five years prior to the application date for employment or (b) if 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>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Approve an applicant as a sponsored residential service provider<\/span> if the applicant, any adult residing in the home of the applicant, or any person employed by the applicant has been convicted of (i) any offense<\/span> set forth in clause (i), (ii), or (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> or (ii) any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> (a) in the five years prior to the application date to be a sponsored residential service provider<\/span> or (b) if such applicant 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>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Permit to enter into a shared living<\/span> arrangement with a person receiving medical assistance services pursuant to a waiver<\/span> any person who has been convicted of (i) any offense<\/span> set forth in clause (i), (ii), or (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> or (ii) any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> (a) in the five years prior to entering into a shared living<\/span> arrangement or (b) if 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>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Allow any person under contract<\/span> with the provider<\/span> to serve in a direct care position<\/span> who has been convicted of (i) any offense<\/span> set forth in clause (i), (ii), or (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> or (ii) any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> (a) in the five years prior to the application date for employment or (b) if 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>.\n\t\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall submit a report to the requesting authorized officer or director of a provider<\/span>. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the authorized officer or director of a provider<\/span> shall not be disseminated except as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of subsection B, a provider<\/span> may (i) hire for compensated employment<\/span>, (ii) approve as a sponsored residential service provider<\/span>, (iii) permit to enter into a shared living<\/span> arrangement, or (iv) permit any person under contract<\/span> with the provider<\/span> to serve in a direct care position<\/span> on behalf of the provider<\/span> or permit any person employed by a temporary agency that has entered into a contract<\/span> with the provider<\/span> to provide direct care services on behalf of the provider<\/span> 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 the offense<\/span> while employed in a direct care position<\/span>. A provider<\/span> may also approve a person as a sponsored residential service provider<\/span> if (a) any adult living in the home of an applicant or (b) any person employed by the applicant to provide services in the home in which sponsored residential services are provided has 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 the offense<\/span> while employed in a direct care position<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Every provider<\/span> shall require, as a condition of employment, approval as a sponsored residential service provider<\/span>, permission to enter into a shared living<\/span> arrangement with a person receiving medical assistance services pursuant to a waiver<\/span>, or permission for any person under contract<\/span> with the provider<\/span> to serve in a direct care position<\/span>, written consent and personal information necessary to obtain a search of the registry of founded complaints of child abuse and neglect<\/span> that is maintained by the Department<\/span> of Social Services pursuant to § 63.2-1515<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The cost of obtaining the criminal history record and search of the child abuse and neglect<\/span> registry record shall be borne by the applicant, unless the provider<\/span> decides to pay the cost. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A person who complies in good faith with the provisions of this section shall not be liable for any civil 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 negligence<\/span> or willful misconduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding any other provision of law<\/span>, a provider<\/span> that provides services to individuals<\/span> receiving services under the state<\/span> plan for medical assistance services or any waiver<\/span> thereto may disclose to the Department<\/span> of Medical Assistance Services (i) whether a criminal history background check has been completed for a person described in subsection B for whom a criminal history background check is required and (ii) whether the person described in subsection B is eligible for employment, to provide sponsored residential services, to provide services in the home of a sponsored residential service provider<\/span>, or to enter into a shared living<\/span> arrangement with a person receiving medical assistance services pursuant to a waiver<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any person employed by a temporary agency that has entered into a contract<\/span> with a provider<\/span> and who will serve in a direct care position<\/span> on behalf of such provider<\/span> shall undergo a background check that shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/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

2.<\/span> A search of the central registry maintained pursuant to § 63.2-1515<\/a> for any founded complaint of child abuse and neglect<\/span>.\n\t\t\t\tExcept as otherwise provided in subsection C, no provider<\/span> shall permit any person employed by a temporary agency that has entered into a contract<\/span> with the provider<\/span> to provide direct care services on behalf of the provider<\/span> if that person has been convicted of (i) any offense<\/span> set forth in clause (i), (ii), or (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> or (ii) any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> (a) in the five years prior to the application date for employment or (b) if 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>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBACKGROUND CHECKS REQUIRED; SERVICES FOR CHILDREN AND DEVELOPMENTAL SERVICES (\u00a7\n37.2-416)\n\nA. As used in this section:\n\t\t\t“Direct care position” means any position that includes\nresponsibility for (i) treatment, case management, health, safety, development,\nor well-being of an individual younger than 18 years of age in any program\nproviding mental health or substance abuse services; (ii) treatment, case\nmanagement, health, safety, development, or well-being of an individual in any\nprogram providing developmental services; or (iii) immediately supervising a\nperson in a position described in this definition.\n\t\t\t“Hire for compensated employment” includes (i) a promotion or\ntransfer from an adult substance abuse treatment position to any direct care\nposition within the same licensee licensed pursuant to this article or (ii) new\nemployment in any direct care position in another office or program of the same\nlicensee licensed pursuant to this article for which the person has previously\nworked in an adult substance abuse treatment position.\n\t\t\t“Provider” means a provider who is licensed pursuant to this\narticle and who provides (i) mental health or substance abuse services to\nindividuals who are younger than 18 years of age or (ii) developmental services\nto any individual regardless of age.\n\t\t\t“Shared living” means an arrangement in which the\nCommonwealth’s program of medical assistance pays a portion of a\nperson’s rent, utilities, and food expenses in return for the person\nresiding with and providing companionship, support, and other limited, basic\nassistance to a person with developmental disabilities receiving medical\nassistance services in accordance with a waiver for whom he has no legal\nresponsibility.\n\nB. Every provider shall require (i) any applicant who accepts employment in any\ndirect care position, (ii) any applicant for approval as a sponsored residential\nservice provider, (iii) any adult living in the home of an applicant for\napproval as a sponsored residential service provider, (iv) any person employed\nby a sponsored residential service provider to provide services in the home, (v)\nany person who enters into a shared living arrangement with a person receiving\nmedical assistance services pursuant to a waiver, and (vi) any person under\ncontract with the provider to serve in a direct care position to submit to\nfingerprinting and provide personal descriptive information to be forwarded\nthrough the Central Criminal Records Exchange to the Federal Bureau of\nInvestigation (FBI) for the purpose of obtaining national criminal history\nrecord information regarding the applicant. Except as otherwise provided in\nsubsection C, no provider shall:\n\n 1. Hire for compensated employment any person who has been convicted of (i)\n any offense set forth in clause (i), (ii), or (iii) of the definition of\n barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause\n (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five\n years prior to the application date for employment or (b) if such person\n continues on probation or parole or has failed to pay required court costs for\n such offense set forth in clause (iv) of the definition of barrier crime in\n § 19.2-392.02;\n\n 2. Approve an applicant as a sponsored residential service provider if the\n applicant, any adult residing in the home of the applicant, or any person\n employed by the applicant has been convicted of (i) any offense set forth in\n clause (i), (ii), or (iii) of the definition of barrier crime in §\n 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of\n barrier crime in § 19.2-392.02 (a) in the five years prior to the\n application date to be a sponsored residential service provider or (b) if such\n applicant continues on probation or parole or has failed to pay required court\n costs for such offense set forth in clause (iv) of the definition of barrier\n crime in § 19.2-392.02;\n\n 3. Permit to enter into a shared living arrangement with a person receiving\n medical assistance services pursuant to a waiver any person who has been\n convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the\n definition of barrier crime in § 19.2-392.02 or (ii) any offense set\n forth in clause (iv) of the definition of barrier crime in § 19.2-392.02\n (a) in the five years prior to entering into a shared living arrangement or\n (b) if such person continues on probation or parole or has failed to pay\n required court costs for such offense set forth in clause (iv) of the\n definition of barrier crime in § 19.2-392.02; or\n\n 4. Allow any person under contract with the provider to serve in a direct care\n position who has been convicted of (i) any offense set forth in clause (i),\n (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or\n (ii) any offense set forth in clause (iv) of the definition of barrier crime\n in § 19.2-392.02 (a) in the five years prior to the application date for\n employment or (b) if such person continues on probation or parole or has\n failed to pay required court costs for such offense set forth in clause (iv)\n of the definition of barrier crime in § 19.2-392.02.\n \t\t\t\tThe Central Criminal Records Exchange, upon receipt of an\n applicant’s record or notification that no record exists, shall submit a\n report to the requesting authorized officer or director of a provider. If any\n applicant is denied employment because of information appearing on the\n criminal history record and the applicant disputes the information upon which\n the denial was based, the Central Criminal Records Exchange shall, upon\n written request, furnish to the applicant the procedures for obtaining a copy\n of the criminal history record from the FBI. The information provided to the\n authorized officer or director of a provider shall not be disseminated except\n as provided in this section.\n\nC. Notwithstanding the provisions of subsection B, a provider may (i) hire for\ncompensated employment, (ii) approve as a sponsored residential service\nprovider, (iii) permit to enter into a shared living arrangement, or (iv) permit\nany person under contract with the provider to serve in a direct care position\non behalf of the provider or permit any person employed by a temporary agency\nthat has entered into a contract with the provider to provide direct care\nservices on behalf of the provider persons who have been convicted of not more\nthan one misdemeanor offense under § 18.2-57 or 18.2-57.2, or any\nsubstantially similar offense under the laws of another jurisdiction, if 10\nyears have elapsed following the conviction, unless the person committed the\noffense while employed in a direct care position. A provider may also approve a\nperson as a sponsored residential service provider if (a) any adult living in\nthe home of an applicant or (b) any person employed by the applicant to provide\nservices in the home in which sponsored residential services are provided has\nbeen convicted of not more than one misdemeanor offense under § 18.2-57 or\n18.2-57.2, or any substantially similar offense under the laws of another\njurisdiction, if 10 years have elapsed following the conviction, unless the\nperson committed the offense while employed in a direct care position.\n\nD. Every provider shall require, as a condition of employment, approval as a\nsponsored residential service provider, permission to enter into a shared living\narrangement with a person receiving medical assistance services pursuant to a\nwaiver, or permission for any person under contract with the provider to serve\nin a direct care position, written consent and personal information necessary to\nobtain a search of the registry of founded complaints of child abuse and neglect\nthat is maintained by the Department of Social Services pursuant to §\n63.2-1515.\n\nE. The cost of obtaining the criminal history record and search of the child\nabuse and neglect registry record shall be borne by the applicant, unless the\nprovider decides to pay the cost.\n\nF. A person who complies in good faith with the provisions of this section shall\nnot 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\nG. Notwithstanding any other provision of law, a provider that provides services\nto individuals receiving services under the state plan for medical assistance\nservices or any waiver thereto may disclose to the Department of Medical\nAssistance Services (i) whether a criminal history background check has been\ncompleted for a person described in subsection B for whom a criminal history\nbackground check is required and (ii) whether the person described in subsection\nB is eligible for employment, to provide sponsored residential services, to\nprovide services in the home of a sponsored residential service provider, or to\nenter into a shared living arrangement with a person receiving medical\nassistance services pursuant to a waiver.\n\nH. Any person employed by a temporary agency that has entered into a contract\nwith a provider and who will serve in a direct care position on behalf of such\nprovider shall undergo a background check that shall include:\n\n 1. A criminal history records check through the Central Criminal Records\n Exchange pursuant to § 19.2-389; and\n\n 2. A search of the central registry maintained pursuant to § 63.2-1515\n for any founded complaint of child abuse and neglect.\n \t\t\t\tExcept as otherwise provided in subsection C, no provider shall permit any\n person employed by a temporary agency that has entered into a contract with\n the provider to provide direct care services on behalf of the provider if that\n person has been convicted of (i) any offense set forth in clause (i), (ii), or\n (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any\n offense set forth in clause (iv) of the definition of barrier crime in §\n 19.2-392.02 (a) in the five years prior to the application date for employment\n or (b) if such person continues on probation or parole or has failed to pay\n required court costs for such offense set forth in clause (iv) of the\n definition of barrier crime in § 19.2-392.02.\n\nHISTORY: 1999, c. 685, \u00a7 37.1-183.3; 2001, cc. 486, 506, 784; 2002, c. 712;\n2003, c. 468; 2005, c. 716; 2008, cc. 383, 407; 2011, c. 657; 2012, cc. 476,\n507; 2016, c. 574; 2017, cc. 458, 775, 809; 2018, c. 569; 2019, c. 89; 2020, c.\n1092; 2021, Sp. Sess. I, cc. 188, 475; 2023, cc. 138, 139, 236.","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}}