{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-506.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-506.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-506.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-506.html"}],"law_id":75347,"edition_id":1,"section_id":75347,"structure_id":13299,"section_number":"37.2-506","catch_line":"Background checks required; services for children and developmental services","history":"1997, c. 743, \u00a7 37.1-197.2; 1998, cc. 130, 680, 882; 1999, c. 685; 2001, c. 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 community services board or (ii) new employment in any 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“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 community services board shall require (i) any applicant who accepts employment in any direct care position with the community services board, (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 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, 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, a community services board 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 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 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 community services board 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\nCommunity services boards also 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 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.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 community services board decides to pay the cost.F\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, 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.G\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.H\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, 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":270470,"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 community services board or (ii) new employment in any 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“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":270471,"text":"Every community services board shall require (i) any applicant who accepts employment in any direct care position with the community services board, (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 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, 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":270472,"text":"Notwithstanding the provisions of subsection B, a community services board 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 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 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 community services board 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":"B","next_prefix":"D"},"3":{"id":270473,"text":"Community services boards also 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 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":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":270474,"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":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":270475,"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, 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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":270476,"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":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":270477,"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":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"8":{"id":270478,"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"},"9":{"id":270479,"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 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":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1"}},"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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adult substance abuse and mental health services","url":"\/37.2-506.1\/","token":"37.2\/II\/5\/37.2-506.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-506\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 743<\/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 15 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 1998, chapters 130<\/a>, 680<\/a>, and 882<\/a>; in 1999, chapter 685<\/a>; in 2001, chapter 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":72398,"section_number":"37.2-607","catch_line":"Background check required","order_by":null,"url":"\/37.2-607\/"}],"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":210051,"object_type":"law","relational_id":75347,"identifier":"37.2-506","token":"37.2\/II\/5\/37.2-506","url":"\/37.2-506\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-506\/","token":"37.2\/II\/5\/37.2-506","dublin_core":{"Title":"Background checks required; services for children and developmental services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-506","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 community services board<\/span> or (ii) new employment in any 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“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 community services board<\/span> shall require (i) any applicant who accepts employment in any direct care position<\/span> with the community services board<\/span>, (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<\/span> arrangement with a person receiving medical assistance services pursuant to a waiver<\/span>, and (vi) 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, 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<\/span> 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<\/span> 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, a community services board<\/span> may (i) hire for compensated employment<\/span>, (ii) approve as a sponsored residential service provider, (iii) permit to enter into a shared living<\/span> arrangement, or (iv) 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<\/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 community services board<\/span> 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<\/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> Community services boards<\/span> also shall require, as a condition of employment, approval as a sponsored residential service provider, 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> 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

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

F.<\/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, to provide sponsored residential services, to provide services in the home of a sponsored residential service provider, 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

G.<\/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

H.<\/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, 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<\/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>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBACKGROUND CHECKS REQUIRED; SERVICES FOR CHILDREN AND DEVELOPMENTAL SERVICES (\u00a7\n37.2-506)\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 community services board or (ii) new employment in any\ndirect care position in another office or program of the same community services\nboard for which the person has previously worked in an adult substance abuse\ntreatment position.\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 community services board shall require (i) any applicant who accepts\nemployment in any direct care position with the community services board, (ii)\nany applicant for approval as a sponsored residential service provider, (iii)\nany adult living in the home of an applicant for approval as a sponsored\nresidential service provider, (iv) any person employed by a sponsored\nresidential service provider to provide services in the home, (v) any person who\nenters into a shared living arrangement with a person receiving medical\nassistance services pursuant to a waiver, and (vi) any person under contract to\nserve in a direct care position on behalf of the community services board to\nsubmit to fingerprinting and provide personal descriptive information to be\nforwarded through 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 community services board shall hire for compensated employment,\napprove as a sponsored residential service provider, permit to enter into a\nshared living arrangement with a person receiving medical assistance services\npursuant to a waiver, or permit any person under contract to serve in a direct\ncare position on behalf of the community services board persons who have been\nconvicted of (a) any offense set forth in clause (i), (ii), or (iii) of the\ndefinition of barrier crime in § 19.2-392.02 or (b) any offense set forth\nin clause (iv) of the definition of barrier crime in § 19.2-392.02 (1) in\nthe five years prior to the application date for employment, the application\ndate to be a sponsored residential service provider, or entering into a shared\nliving arrangement or (2) if such person continues on probation or parole or has\nfailed to pay required court costs for such offense set forth in clause (iv) of\nthe definition of barrier crime in § 19.2-392.02.\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, a community services board\nmay (i) hire for compensated employment, (ii) approve as a sponsored residential\nservice provider, (iii) permit to enter into a shared living arrangement, or\n(iv) permit any person under contract to serve in a direct care position on\nbehalf of the community services board or permit any person employed by a\ntemporary agency that has entered into a contract with the community services\nboard to provide direct care services on behalf of the community services board\npersons who have been convicted of not more than one misdemeanor offense under\n§ 18.2-57 or 18.2-57.2, or any substantially similar offense under the laws\nof another jurisdiction, if 10 years have elapsed following the conviction,\nunless the person committed the offense while employed in a direct care\nposition. A community services board may also approve a person as a sponsored\nresidential service provider if (a) any adult living in the home of an applicant\nor (b) any person employed by the applicant to provide services in the home in\nwhich sponsored residential services are provided has 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.\n\nD. Community services boards also shall require, as a condition of employment,\napproval as a sponsored residential service provider, permission to enter into a\nshared living arrangement with a person receiving medical assistance services\npursuant to a waiver, or permission for any person under contract to serve in a\ndirect care position on behalf of the community services board, written consent\nand personal information necessary to obtain a search of the registry of founded\ncomplaints of child abuse and neglect that is maintained by the Department of\nSocial Services pursuant to § 63.2-1515.\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\ncommunity services board decides to pay the cost.\n\nF. 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, to provide sponsored residential\nservices, to provide services in the home of a sponsored residential service\nprovider, or to enter into a shared living arrangement with a person receiving\nmedical assistance services pursuant to a waiver.\n\nG. 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\nH. 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, no community services board\n shall permit any person employed by a temporary agency that has entered into a\n contract with the community services board to provide direct care services on\n behalf of the community services board if that person has been convicted of\n (i) 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, the application date to be\n a sponsored residential service provider, or entering into a shared living\n arrangement 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\nHISTORY: 1997, c. 743, \u00a7 37.1-197.2; 1998, cc. 130, 680, 882; 1999, c. 685;\n2001, c. 784; 2002, c. 712; 2003, c. 468; 2005, c. 716; 2008, cc. 383, 407;\n2011, c. 657; 2012, cc. 476, 507; 2016, c. 574; 2017, cc. 458, 775, 809; 2018,\nc. 569; 2019, c. 89; 2020, c. 1092; 2021, Sp. Sess. I, cc. 188, 475; 2023, cc.\n138, 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}}