{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-506.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-506.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-506.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-506.1.html"}],"law_id":61726,"edition_id":1,"section_id":61726,"structure_id":13299,"section_number":"37.2-506.1","catch_line":"Background checks required; adult substance abuse and mental health services","history":"2023, c. 236; 2024, cc. 651, 683; 2025, c. 380.","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 adult receiving substance abuse or mental health services or (ii) immediately supervising a person in a position described in this definition.\n\t\t\t“Hire for compensated employment” does not include (i) a promotion from one adult substance abuse or adult mental health treatment position to another such position within the same community services board or (ii) new employment in an adult substance abuse or adult mental health treatment position in another office or program of the same community services board if the person employed prior to July 1, 1999, had no convictions in the five years prior to the application date for employment. “Hire for compensated employment” includes (a) a promotion or transfer from an adult substance abuse treatment position to any mental health or developmental services direct care position within the same community services board or (b) new employment in any mental health or developmental services direct care position in another office or program of the same community services board for which the person has previously worked in an adult substance abuse treatment position.\n\t\t\t“Peer recovery specialist” means any person who has completed a peer recovery specialist training course approved by the Department of Behavioral Health and Developmental Services.B\n\nEvery community services board shall require (i) any applicant who accepts employment in any direct care position with the community services board and (ii) any person under contract to serve in a direct care position on behalf of the community services board 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, D, E, or G, no community services board shall hire for compensated employment, approve as a sponsored residential service provider, permit to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permit any person under contract to serve in a direct care position on behalf of the community services board persons who have been convicted of (a) any offense set forth in clause (i), (ii), or (iii) 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, the application date to be a sponsored residential service provider, or entering into a shared living arrangement or (2) 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\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 executive director or personnel director of the community services board. If any applicant is denied employment because of information appearing on his 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 executive director or personnel director of any community services board shall not be disseminated except as provided in this section.C\n\nNotwithstanding the provisions of subsection B, the community services board may hire for compensated employment or permit any person under contract to serve in a direct care position on behalf of the community services board or permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board at an adult substance abuse or mental health treatment program a person who was convicted of any misdemeanor violation of § 18.2-57 or any violation of § 18.2-248, 18.2-250, or 18.2-258.1, except an offense pursuant to subsection H1 or H2 of § 18.2-248, provided that such conviction occurred more than four years prior to the application date for employment.D\n\nNotwithstanding the provisions of subsection B, the community services board may hire for compensated employment or permit any person under contract to serve in a direct care position on behalf of the community services board or permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board at adult substance abuse or adult mental health treatment programs a person who was convicted of any violation of § 18.2-51.3; any misdemeanor violation of § 18.2-56, 18.2-56.1, or 18.2-57.2; any violation of § 18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of § 18.2-282, 18.2-346, or 18.2-346.01; any offense set forth in clause (iii) of the definition of barrier crime in § 19.2-392.02, except an offense pursuant to subsection H1 or H2 of § 18.2-248; or any substantially similar offense under the laws of another jurisdiction, if the hiring community services board determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history. In addition, where the employment at an adult substance abuse treatment program is as a peer recovery specialist, the community services board may hire any person eligible under this subsection or who was convicted of any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 if the hiring community services board determines, based upon a screening assessment, that the criminal behavior was substantially related to the person’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history.E\n\nNotwithstanding the provisions of subsection B, the community services board may hire for compensated employment or permit any person under contract to serve in a direct care position on behalf of the community services board or permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board at adult substance abuse treatment programs a person who has been convicted of not more than one offense under subsection C of § 18.2-57, or any substantially similar offense under the laws of another jurisdiction, if (i) the person has been granted a simple pardon if the offense was a felony committed in Virginia, or the equivalent if the person was convicted under the laws of another jurisdiction; (ii) more than 10 years have elapsed since the conviction; and (iii) the hiring community services board determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse history.F\n\nThe community services board and a screening contractor designated by the Department shall screen applicants who meet the criteria set forth in subsections D and E to assess whether the applicants have been rehabilitated successfully and are not a risk to individuals receiving services based on their criminal history backgrounds and substance abuse or mental illness histories. To be eligible for such screening, the applicant:1\n\nShall have completed all prison or jail terms, shall not be under probation or parole supervision, shall have no pending charges in any locality, shall have paid all fines, restitution, and court costs for any prior convictions, and shall have been free of parole or probation for at least five years for all convictions; or2\n\nIf the applicant is a peer recovery specialist, shall have completed all prison or jail terms, shall not be under probation or parole supervision, shall have no pending charges in any locality, and shall have been free of parole or probation for at least five years for all convictions.\n\t\t\t\tIn addition to any supplementary information the community services board or screening contractor may require or the applicant may wish to present, the applicant shall provide to the screening contractor a statement from his most recent probation or parole officer, if any, outlining his period of supervision and a copy of any pre-sentencing or post-sentencing report in connection with the felony conviction. The cost of this screening shall be paid by the applicant, unless the board decides to pay the cost.G\n\nNotwithstanding the provisions of subsection B, a community services board may (i) hire for compensated employment or (ii) permit any person under contract to serve in a direct care position on behalf of the community services board or permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board persons who have been convicted of not more than one misdemeanor offense under § 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.H\n\nCommunity services boards also shall require, as a condition of employment or permission for any person under contract to serve in a direct care position on behalf of the community services board, 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.I\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 community services board decides to pay the cost.J\n\nNotwithstanding any other provision of law, a community services board 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.K\n\nAny person employed by a temporary agency that has entered into a contract with a community services board and who will serve in a direct care position on behalf of such community services board 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, D, E, or G, no community services board shall permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board 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, the application date to be a sponsored residential service provider, or 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.","order_by":null,"text":{"0":{"id":225380,"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 adult receiving substance abuse or mental health services or (ii) immediately supervising a person in a position described in this definition.\n\t\t\t“Hire for compensated employment” does not include (i) a promotion from one adult substance abuse or adult mental health treatment position to another such position within the same community services board or (ii) new employment in an adult substance abuse or adult mental health treatment position in another office or program of the same community services board if the person employed prior to July 1, 1999, had no convictions in the five years prior to the application date for employment. “Hire for compensated employment” includes (a) a promotion or transfer from an adult substance abuse treatment position to any mental health or developmental services direct care position within the same community services board or (b) new employment in any mental health or developmental services direct care position in another office or program of the same community services board for which the person has previously worked in an adult substance abuse treatment position.\n\t\t\t“Peer recovery specialist” means any person who has completed a peer recovery specialist training course approved by the Department of Behavioral Health and Developmental Services.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225381,"text":"Every community services board shall require (i) any applicant who accepts employment in any direct care position with the community services board and (ii) any person under contract to serve in a direct care position on behalf of the community services board 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, D, E, or G, no community services board shall hire for compensated employment, approve as a sponsored residential service provider, permit to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permit any person under contract to serve in a direct care position on behalf of the community services board persons who have been convicted of (a) any offense set forth in clause (i), (ii), or (iii) 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, the application date to be a sponsored residential service provider, or entering into a shared living arrangement or (2) 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\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 executive director or personnel director of the community services board. If any applicant is denied employment because of information appearing on his 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 executive director or personnel director of any community services board 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":225382,"text":"Notwithstanding the provisions of subsection B, the community services board may hire for compensated employment or permit any person under contract to serve in a direct care position on behalf of the community services board or permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board at an adult substance abuse or mental health treatment program a person who was convicted of any misdemeanor violation of § 18.2-57 or any violation of § 18.2-248, 18.2-250, or 18.2-258.1, except an offense pursuant to subsection H1 or H2 of § 18.2-248, provided that such conviction occurred more than four years prior to the application date for employment.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":225383,"text":"Notwithstanding the provisions of subsection B, the community services board may hire for compensated employment or permit any person under contract to serve in a direct care position on behalf of the community services board or permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board at adult substance abuse or adult mental health treatment programs a person who was convicted of any violation of § 18.2-51.3; any misdemeanor violation of § 18.2-56, 18.2-56.1, or 18.2-57.2; any violation of § 18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of § 18.2-282, 18.2-346, or 18.2-346.01; any offense set forth in clause (iii) of the definition of barrier crime in § 19.2-392.02, except an offense pursuant to subsection H1 or H2 of § 18.2-248; or any substantially similar offense under the laws of another jurisdiction, if the hiring community services board determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history. In addition, where the employment at an adult substance abuse treatment program is as a peer recovery specialist, the community services board may hire any person eligible under this subsection or who was convicted of any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 if the hiring community services board determines, based upon a screening assessment, that the criminal behavior was substantially related to the person’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":225384,"text":"Notwithstanding the provisions of subsection B, the community services board may hire for compensated employment or permit any person under contract to serve in a direct care position on behalf of the community services board or permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board at adult substance abuse treatment programs a person who has been convicted of not more than one offense under subsection C of § 18.2-57, or any substantially similar offense under the laws of another jurisdiction, if (i) the person has been granted a simple pardon if the offense was a felony committed in Virginia, or the equivalent if the person was convicted under the laws of another jurisdiction; (ii) more than 10 years have elapsed since the conviction; and (iii) the hiring community services board determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse history.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":225385,"text":"The community services board and a screening contractor designated by the Department shall screen applicants who meet the criteria set forth in subsections D and E to assess whether the applicants have been rehabilitated successfully and are not a risk to individuals receiving services based on their criminal history backgrounds and substance abuse or mental illness histories. To be eligible for such screening, the applicant:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":225386,"text":"Shall have completed all prison or jail terms, shall not be under probation or parole supervision, shall have no pending charges in any locality, shall have paid all fines, restitution, and court costs for any prior convictions, and shall have been free of parole or probation for at least five years for all convictions; or","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":225387,"text":"If the applicant is a peer recovery specialist, shall have completed all prison or jail terms, shall not be under probation or parole supervision, shall have no pending charges in any locality, and shall have been free of parole or probation for at least five years for all convictions.\n\t\t\t\tIn addition to any supplementary information the community services board or screening contractor may require or the applicant may wish to present, the applicant shall provide to the screening contractor a statement from his most recent probation or parole officer, if any, outlining his period of supervision and a copy of any pre-sentencing or post-sentencing report in connection with the felony conviction. The cost of this screening shall be paid by the applicant, unless the board decides to pay the cost.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"8":{"id":225388,"text":"Notwithstanding the provisions of subsection B, a community services board may (i) hire for compensated employment or (ii) permit any person under contract to serve in a direct care position on behalf of the community services board or permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board persons who have been convicted of not more than one misdemeanor offense under § 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":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2","next_prefix":"H"},"9":{"id":225389,"text":"Community services boards also shall require, as a condition of employment or permission for any person under contract to serve in a direct care position on behalf of the community services board, 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":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"10":{"id":225390,"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 community services board decides to pay the cost.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"11":{"id":225391,"text":"Notwithstanding any other provision of law, a community services board 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.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"12":{"id":225392,"text":"Any person employed by a temporary agency that has entered into a contract with a community services board and who will serve in a direct care position on behalf of such community services board shall undergo a background check that shall include:","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"K1"},"13":{"id":225393,"text":"A criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389; and","type":"section","prefixes":["K","1"],"prefix":"1","entire_prefix":"K1","prefix_anchor":"K1","level":2,"prior_prefix":"K","next_prefix":"K2"},"14":{"id":225394,"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, D, E, or G, no community services board shall permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board 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, the application date to be a sponsored residential service provider, or 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.","type":"section","prefixes":["K","2"],"prefix":"2","entire_prefix":"K2","prefix_anchor":"K2","level":2,"prior_prefix":"K1"}},"ancestry":[{"id":13299,"edition_id":1,"name":"Community Services Boards","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":13087,"metadata":{},"date_created":"2026-06-26 03:44:36","date_modified":"2026-06-26 03:44:36","permalink":{"id":210025,"object_type":"structure","relational_id":13299,"identifier":"5","token":"37.2\/II\/5","url":"\/37.2\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13087,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210023,"object_type":"structure","relational_id":13087,"identifier":"II","token":"37.2\/II","url":"\/37.2\/II\/","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":60895,"structure_id":13299,"section_number":"37.2-500","catch_line":"Purpose; 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services for children and developmental services","url":"\/37.2-506\/","token":"37.2\/II\/5\/37.2-506","metadata":false},{"id":61726,"structure_id":13299,"section_number":"37.2-506.1","catch_line":"Background checks required; adult substance abuse and mental health services","url":"\/37.2-506.1\/","token":"37.2\/II\/5\/37.2-506.1","metadata":false},{"id":63221,"structure_id":13299,"section_number":"37.2-507","catch_line":"Repealed","url":"\/37.2-507\/","token":"37.2\/II\/5\/37.2-507","metadata":false},{"id":61165,"structure_id":13299,"section_number":"37.2-508","catch_line":"Performance contract for mental health, developmental, and substance abuse services","url":"\/37.2-508\/","token":"37.2\/II\/5\/37.2-508","metadata":false},{"id":77016,"structure_id":13299,"section_number":"37.2-509","catch_line":"Mental health, developmental, and substance abuse services; allocation of funds by Department; reduction of funds","url":"\/37.2-509\/","token":"37.2\/II\/5\/37.2-509","metadata":false},{"id":76062,"structure_id":13299,"section_number":"37.2-510","catch_line":"Community services board; withdrawal of county or city","url":"\/37.2-510\/","token":"37.2\/II\/5\/37.2-510","metadata":false},{"id":73736,"structure_id":13299,"section_number":"37.2-511","catch_line":"Liability for expenses of services","url":"\/37.2-511\/","token":"37.2\/II\/5\/37.2-511","metadata":false},{"id":86688,"structure_id":13299,"section_number":"37.2-512","catch_line":"Authority to enter into joint agreements","url":"\/37.2-512\/","token":"37.2\/II\/5\/37.2-512","metadata":false},{"id":72496,"structure_id":13299,"section_number":"37.2-513","catch_line":"Information about services to be made available to courts","url":"\/37.2-513\/","token":"37.2\/II\/5\/37.2-513","metadata":false}],"previous_section":{"id":75347,"structure_id":13299,"section_number":"37.2-506","catch_line":"Background checks required; services for children and developmental services","url":"\/37.2-506\/","token":"37.2\/II\/5\/37.2-506","metadata":false},"next_section":{"id":63221,"structure_id":13299,"section_number":"37.2-507","catch_line":"Repealed","url":"\/37.2-507\/","token":"37.2\/II\/5\/37.2-507","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-506.1\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapter 236<\/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 2 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 2024, chapters 651<\/a> and 683<\/a>; in 2025, chapter 380<\/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":72398,"section_number":"37.2-607","catch_line":"Background check required","order_by":null,"url":"\/37.2-607\/"}],"refers_to":[{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":58255,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","order_by":null,"url":"\/18.2-250\/"},{"id":61427,"section_number":"18.2-258.1","catch_line":"Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery","order_by":null,"url":"\/18.2-258.1\/"},{"id":73757,"section_number":"18.2-282","catch_line":"Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty","order_by":null,"url":"\/18.2-282\/"},{"id":79810,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","order_by":null,"url":"\/18.2-346\/"},{"id":57611,"section_number":"18.2-346.01","catch_line":"Prostitution; solicitation; commercial exploitation of a minor; penalties","order_by":null,"url":"\/18.2-346.01\/"},{"id":78289,"section_number":"18.2-51.3","catch_line":"Prohibition against reckless endangerment of others by throwing objects from places higher than one story; penalty","order_by":null,"url":"\/18.2-51.3\/"},{"id":86902,"section_number":"18.2-56","catch_line":"Hazing unlawful; civil and criminal liability; duty of school, etc., officials; penalty","order_by":null,"url":"\/18.2-56\/"},{"id":75271,"section_number":"18.2-56.1","catch_line":"Reckless handling of firearms; reckless handling while hunting","order_by":null,"url":"\/18.2-56.1\/"},{"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":70858,"section_number":"18.2-60","catch_line":"Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties","order_by":null,"url":"\/18.2-60\/"},{"id":67235,"section_number":"18.2-89","catch_line":"Burglary; how punished","order_by":null,"url":"\/18.2-89\/"},{"id":87070,"section_number":"18.2-92","catch_line":"Breaking and entering dwelling house with intent to commit other misdemeanor","order_by":null,"url":"\/18.2-92\/"},{"id":78519,"section_number":"18.2-94","catch_line":"Possession of burglarious tools, etc","order_by":null,"url":"\/18.2-94\/"},{"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":210055,"object_type":"law","relational_id":61726,"identifier":"37.2-506.1","token":"37.2\/II\/5\/37.2-506.1","url":"\/37.2-506.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-506.1\/","token":"37.2\/II\/5\/37.2-506.1","dublin_core":{"Title":"Background checks required; adult substance abuse and mental health services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-506.1","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 adult receiving substance abuse or mental health services<\/span> or (ii) immediately supervising a person in a position described in this definition.\n\t\t\t“Hire for compensated employment<\/span>” does not include (i) a promotion from one adult substance abuse or adult mental health treatment<\/span> position to another such position within the same community services board<\/span> or (ii) new employment in an adult substance abuse or adult mental health treatment<\/span> position in another office or program of the same community services board<\/span> if the person employed prior to July 1, 1999, had no convictions<\/span> in the five years prior to the application date for employment. “Hire for compensated employment<\/span>” includes (a) a promotion or transfer from an adult substance abuse treatment<\/span> position to any mental health or developmental services<\/span> direct care position<\/span> within the same community services board<\/span> or (b) new employment in any mental health or developmental services<\/span> direct care position<\/span> in another office or program of the same community services board<\/span> for which the person has previously worked in an adult substance abuse treatment<\/span> position.\n\t\t\t“Peer recovery specialist<\/span>” means any person who has completed a peer recovery specialist<\/span> training course approved by the Department<\/span> of Behavioral Health and Developmental Services<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every community services board<\/span> shall require (i) any applicant who accepts employment in any direct care position<\/span> with the community services board<\/span> and (ii) any person under contract<\/span> to serve in a direct care position<\/span> on behalf of the community services board<\/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, D, E, or G, no community services board<\/span> shall hire for compensated employment<\/span>, approve as a sponsored residential service provider, permit to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver<\/span>, or permit any person under contract<\/span> to serve in a direct care position<\/span> on behalf of the community services board<\/span> persons who have been convicted of (a) 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 (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, the application date to be a sponsored residential service provider, or entering into a shared living arrangement or (2) 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\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 executive director or personnel director of the community services board<\/span>. If any applicant is denied employment because of information appearing on his 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 executive director or personnel director of any community services board<\/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, the community services board<\/span> may hire for compensated employment<\/span> or permit any person under contract<\/span> to serve in a direct care position<\/span> on behalf of the community services board<\/span> or permit any person employed by a temporary agency that has entered into a contract<\/span> with the community services board<\/span> to provide direct care services on behalf of the community services board<\/span> at an adult substance abuse or mental health treatment<\/span> program a person who was convicted of any misdemeanor<\/span> violation of § 18.2-57<\/a> or any violation of § 18.2-248<\/a>, 18.2-250<\/a>, or 18.2-258.1<\/a>, except an offense<\/span> pursuant to subsection H1 or H2 of § 18.2-248<\/a>, provided that such conviction<\/span> occurred more than four years prior to the application date for employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of subsection B, the community services board<\/span> may hire for compensated employment<\/span> or permit any person under contract<\/span> to serve in a direct care position<\/span> on behalf of the community services board<\/span> or permit any person employed by a temporary agency that has entered into a contract<\/span> with the community services board<\/span> to provide direct care services on behalf of the community services board<\/span> at adult substance abuse or adult mental health treatment<\/span> programs a person who was convicted of any violation of § 18.2-51.3<\/a>; any misdemeanor<\/span> violation of § 18.2-56<\/a>, 18.2-56.1<\/a>, or 18.2-57.2<\/a>; any violation of § 18.2-60<\/a>, 18.2-89<\/a>, 18.2-92<\/a>, or 18.2-94<\/a>; any misdemeanor<\/span> violation of § 18.2-282<\/a>, 18.2-346<\/a>, or 18.2-346.01<\/a>; any offense<\/span> set forth in clause (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>, except an offense<\/span> pursuant to subsection H1 or H2 of § 18.2-248<\/a>; or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>, if the hiring community services board<\/span> determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse or mental illness<\/span> and that the person has been successfully rehabilitated and is not a risk to individuals<\/span> receiving services based on his criminal history background and his substance abuse or mental illness<\/span> history. In addition, where the employment at an adult substance abuse treatment<\/span> program is as a peer recovery specialist<\/span>, the community services board<\/span> may hire any person eligible under this subsection or who was convicted of any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> if the hiring community services board<\/span> determines, based upon a screening assessment, that the criminal behavior was substantially related to the person’s substance abuse or mental illness<\/span> and that the person has been successfully rehabilitated and is not a risk to individuals<\/span> receiving services based on his criminal history background and his substance abuse or mental illness<\/span> history. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of subsection B, the community services board<\/span> may hire for compensated employment<\/span> or permit any person under contract<\/span> to serve in a direct care position<\/span> on behalf of the community services board<\/span> or permit any person employed by a temporary agency that has entered into a contract<\/span> with the community services board<\/span> to provide direct care services on behalf of the community services board<\/span> at adult substance abuse treatment<\/span> programs a person who has been convicted of not more than one offense<\/span> under subsection C of § 18.2-57<\/a>, or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>, if (i) the person has been granted a simple pardon<\/span> if the offense<\/span> was a felony<\/span> committed in Virginia, or the equivalent if the person was convicted under the laws<\/span> of another jurisdiction<\/span>; (ii) more than 10 years have elapsed since the conviction<\/span>; and (iii) the hiring community services board<\/span> determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse and that the person has been successfully rehabilitated and is not a risk to individuals<\/span> receiving services based on his criminal history background and his substance abuse history. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The community services board<\/span> and a screening contractor designated by the Department<\/span> shall screen applicants who meet the criteria set forth in subsections D and E to assess whether the applicants have been rehabilitated successfully and are not a risk to individuals<\/span> receiving services based on their criminal history backgrounds and substance abuse or mental illness<\/span> histories. To be eligible for such screening, the applicant: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Shall have completed all prison or jail terms, shall not be under probation<\/span> or parole<\/span> supervision, shall have no pending charges in any locality, shall have paid all fines, restitution<\/span>, and court<\/span> costs for any prior convictions<\/span>, and shall have been free of parole<\/span> or probation<\/span> for at least five years for all convictions<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the applicant is a peer recovery specialist<\/span>, shall have completed all prison or jail terms, shall not be under probation<\/span> or parole<\/span> supervision, shall have no pending charges in any locality, and shall have been free of parole<\/span> or probation<\/span> for at least five years for all convictions<\/span>.\n\t\t\t\tIn addition to any supplementary information the community services board<\/span> or screening contractor may require or the applicant may wish to present, the applicant shall provide to the screening contractor a statement from his most recent probation<\/span> or parole<\/span> officer, if any, outlining his period of supervision and a copy of any pre-sentencing or post-sentencing report in connection with the felony<\/span> conviction<\/span>. The cost of this screening shall be paid by the applicant, unless the board decides to pay the cost. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding the provisions of subsection B, a community services board<\/span> may (i) hire for compensated employment<\/span> or (ii) permit any person under contract<\/span> to serve in a direct care position<\/span> on behalf of the community services board<\/span> or permit any person employed by a temporary agency that has entered into a contract<\/span> with the community services board<\/span> to provide direct care services on behalf of the community services board<\/span> persons who have been convicted of not more than one misdemeanor<\/span> offense<\/span> under § 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

H.<\/span> Community services boards<\/span> also shall require, as a condition of employment or permission for any person under contract<\/span> to serve in a direct care position<\/span> on behalf of the community services board<\/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

I.<\/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 community services board<\/span> decides to pay the cost. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Notwithstanding any other provision of law<\/span>, a community services board<\/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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Any person employed by a temporary agency that has entered into a contract<\/span> with a community services board<\/span> and who will serve in a direct care position<\/span> on behalf of such community services board<\/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, D, E, or G, no community services board<\/span> shall permit any person employed by a temporary agency that has entered into a contract<\/span> with the community services board<\/span> to provide direct care services on behalf of the community services board<\/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, the application date to be a sponsored residential service provider, or entering into a shared living 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>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBACKGROUND CHECKS REQUIRED; ADULT SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (\u00a7\n37.2-506.1)\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 adult receiving substance abuse or mental health services or\n(ii) immediately supervising a person in a position described in this\ndefinition.\n\t\t\t“Hire for compensated employment” does not include (i) a\npromotion from one adult substance abuse or adult mental health treatment\nposition to another such position within the same community services board or\n(ii) new employment in an adult substance abuse or adult mental health treatment\nposition in another office or program of the same community services board if\nthe person employed prior to July 1, 1999, had no convictions in the five years\nprior to the application date for employment. “Hire for compensated\nemployment” includes (a) a promotion or transfer from an adult substance\nabuse treatment position to any mental health or developmental services direct\ncare position within the same community services board or (b) new employment in\nany mental health or developmental services direct care position in another\noffice or program of the same community services board for which the person has\npreviously worked in an adult substance abuse treatment position.\n\t\t\t“Peer recovery specialist” means any person who has completed a\npeer recovery specialist training course approved by the Department of\nBehavioral Health and Developmental Services.\n\nB. Every community services board shall require (i) any applicant who accepts\nemployment in any direct care position with the community services board and\n(ii) any person under contract to serve in a direct care position on behalf of\nthe community services board to submit to fingerprinting and provide personal\ndescriptive information to be forwarded through the Central Criminal Records\nExchange to the Federal Bureau of Investigation (FBI) for the purpose of\nobtaining national criminal history record information regarding the applicant.\nExcept as otherwise provided in subsection C, D, E, or G, no community services\nboard shall hire for compensated employment, approve as a sponsored residential\nservice provider, permit to enter into a shared living arrangement with a person\nreceiving medical assistance services pursuant to a waiver, or permit any person\nunder contract to serve in a direct care position on behalf of the community\nservices board persons who have been convicted of (a) any offense set forth in\nclause (i), (ii), or (iii) of the definition of barrier crime in §\n19.2-392.02 or (b) any offense set forth in clause (iv) of the definition of\nbarrier crime in § 19.2-392.02 (1) in the five years prior to the\napplication date for employment, the application date to be a sponsored\nresidential service provider, or entering into a shared living arrangement or\n(2) if such person continues on probation or parole or has failed to pay\nrequired court costs for such offense set forth in clause (iv) of the definition\nof barrier crime in § 19.2-392.02.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s\nrecord or notification that no record exists, shall submit a report to the\nrequesting executive director or personnel director of the community services\nboard. If any applicant is denied employment because of information appearing on\nhis criminal history record and the applicant disputes the information upon\nwhich the denial was based, the Central Criminal Records Exchange shall, upon\nwritten request, furnish to the applicant the procedures for obtaining a copy of\nthe criminal history record from the FBI. The information provided to the\nexecutive director or personnel director of any community services board shall\nnot be disseminated except as provided in this section.\n\nC. Notwithstanding the provisions of subsection B, the community services board\nmay hire for compensated employment or permit any person under contract to serve\nin a direct care position on behalf of the community services board or permit\nany person employed by a temporary agency that has entered into a contract with\nthe community services board to provide direct care services on behalf of the\ncommunity services board at an adult substance abuse or mental health treatment\nprogram a person who was convicted of any misdemeanor violation of §\n18.2-57 or any violation of § 18.2-248, 18.2-250, or 18.2-258.1, except an\noffense pursuant to subsection H1 or H2 of § 18.2-248, provided that such\nconviction occurred more than four years prior to the application date for\nemployment.\n\nD. Notwithstanding the provisions of subsection B, the community services board\nmay hire for compensated employment or permit any person under contract to serve\nin a direct care position on behalf of the community services board or permit\nany person employed by a temporary agency that has entered into a contract with\nthe community services board to provide direct care services on behalf of the\ncommunity services board at adult substance abuse or adult mental health\ntreatment programs a person who was convicted of any violation of §\n18.2-51.3; any misdemeanor violation of § 18.2-56, 18.2-56.1, or 18.2-57.2;\nany violation of § 18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor\nviolation of § 18.2-282, 18.2-346, or 18.2-346.01; any offense set forth in\nclause (iii) of the definition of barrier crime in § 19.2-392.02, except an\noffense pursuant to subsection H1 or H2 of § 18.2-248; or any substantially\nsimilar offense under the laws of another jurisdiction, if the hiring community\nservices board determines, based upon a screening assessment, that the criminal\nbehavior was substantially related to the applicant’s substance abuse or\nmental illness and that the person has been successfully rehabilitated and is\nnot a risk to individuals receiving services based on his criminal history\nbackground and his substance abuse or mental illness history. In addition, where\nthe employment at an adult substance abuse treatment program is as a peer\nrecovery specialist, the community services board may hire any person eligible\nunder this subsection or who was convicted of any offense set forth in clause\n(iv) of the definition of barrier crime in § 19.2-392.02 if the hiring\ncommunity services board determines, based upon a screening assessment, that the\ncriminal behavior was substantially related to the person’s substance\nabuse or mental illness and that the person has been successfully rehabilitated\nand is not a risk to individuals receiving services based on his criminal\nhistory background and his substance abuse or mental illness history.\n\nE. Notwithstanding the provisions of subsection B, the community services board\nmay hire for compensated employment or permit any person under contract to serve\nin a direct care position on behalf of the community services board or permit\nany person employed by a temporary agency that has entered into a contract with\nthe community services board to provide direct care services on behalf of the\ncommunity services board at adult substance abuse treatment programs a person\nwho has been convicted of not more than one offense under subsection C of §\n18.2-57, or any substantially similar offense under the laws of another\njurisdiction, if (i) the person has been granted a simple pardon if the offense\nwas a felony committed in Virginia, or the equivalent if the person was\nconvicted under the laws of another jurisdiction; (ii) more than 10 years have\nelapsed since the conviction; and (iii) the hiring community services board\ndetermines, based upon a screening assessment, that the criminal behavior was\nsubstantially related to the applicant’s substance abuse and that the\nperson has been successfully rehabilitated and is not a risk to individuals\nreceiving services based on his criminal history background and his substance\nabuse history.\n\nF. The community services board and a screening contractor designated by the\nDepartment shall screen applicants who meet the criteria set forth in\nsubsections D and E to assess whether the applicants have been rehabilitated\nsuccessfully and are not a risk to individuals receiving services based on their\ncriminal history backgrounds and substance abuse or mental illness histories. To\nbe eligible for such screening, the applicant:\n\n 1. Shall have completed all prison or jail terms, shall not be under probation\n or parole supervision, shall have no pending charges in any locality, shall\n have paid all fines, restitution, and court costs for any prior convictions,\n and shall have been free of parole or probation for at least five years for\n all convictions; or\n\n 2. If the applicant is a peer recovery specialist, shall have completed all\n prison or jail terms, shall not be under probation or parole supervision,\n shall have no pending charges in any locality, and shall have been free of\n parole or probation for at least five years for all convictions.\n \t\t\t\tIn addition to any supplementary information the community services board\n or screening contractor may require or the applicant may wish to present, the\n applicant shall provide to the screening contractor a statement from his most\n recent probation or parole officer, if any, outlining his period of\n supervision and a copy of any pre-sentencing or post-sentencing report in\n connection with the felony conviction. The cost of this screening shall be\n paid by the applicant, unless the board decides to pay the cost.\n\nG. Notwithstanding the provisions of subsection B, a community services board\nmay (i) hire for compensated employment or (ii) permit any person under contract\nto serve in a direct care position on behalf of the community services board or\npermit any person employed by a temporary agency that has entered into a\ncontract with the community services board to provide direct care services on\nbehalf of the community services board persons who have been convicted of not\nmore than one misdemeanor offense under § 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 the offense while employed\nin a direct care position.\n\nH. Community services boards also shall require, as a condition of employment or\npermission for any person under contract to serve in a direct care position on\nbehalf of the community services board, written consent and personal information\nnecessary to obtain a search of the registry of founded complaints of child\nabuse and neglect that is maintained by the Department of Social Services\npursuant to § 63.2-1515.\n\nI. 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\ncommunity services board decides to pay the cost.\n\nJ. Notwithstanding any other provision of law, a community services board that\nprovides services to individuals receiving services under the state plan for\nmedical assistance services or any waiver thereto may disclose to the Department\nof Medical Assistance Services (i) whether a criminal history background check\nhas been completed for a person described in subsection B for whom a criminal\nhistory background check is required and (ii) whether the person described in\nsubsection B is eligible for employment.\n\nK. Any person employed by a temporary agency that has entered into a contract\nwith a community services board and who will serve in a direct care position on\nbehalf of such community services board shall undergo a background check that\nshall 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, D, E, or G, no community\n services board shall permit any person employed by a temporary agency that has\n entered into a contract with the community services board to provide direct\n care services on behalf of the community services board if that person has\n been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of\n the 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 the application date for employment, the\n application date to be a sponsored residential service provider, or entering\n into a shared living arrangement or (b) if such person continues on probation\n or parole or has failed to pay required court costs for such offense set forth\n in clause (iv) of the definition of barrier crime in § 19.2-392.02.\n\nHISTORY: 2023, c. 236; 2024, cc. 651, 683; 2025, c. 380.","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}}