{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1720.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1720.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1720.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1720.html"}],"law_id":72022,"edition_id":1,"section_id":72022,"structure_id":15584,"section_number":"63.2-1720","catch_line":"Assisted living facilities and adult day centers; employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty","history":"1985, c. 360, \u00a7 63.1-198.1; 1986, cc. 300, 627; 1987, cc. 130, 131, 692, 693; 1992, cc. 746, 844, \u00a7\u00a7 63.1-173.2, 63.1-194.13; 1993, cc. 17, 657, 730, 742, 957, 993; 1996, c. 747; 1998, cc. 551, 581; 1999, cc. 637, 740; 2001, c. 778; 2002, c. 747; 2005, c. 723; 2006, cc. 701, 764; 2014, c. 129; 2015, cc. 758, 770; 2016, c. 632; 2017, cc. 189, 201, 751, 809; 2019, c. 89; 2020, cc. 860, 861; 2024, cc. 37, 150.","full_text":"A\n\nNo assisted living facility or adult day center shall hire for compensated employment or continue to employ persons who have been convicted of any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02. A child-placing agency or independent foster home licensed in accordance with the provisions of this chapter shall not hire for compensated employment or continue to employ persons who (i) have been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) are the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. All applicants for employment shall undergo background checks pursuant to subsection C.B\n\nA licensed assisted living facility or adult day center may hire an applicant or continue to employ a person convicted of one misdemeanor barrier crime not involving abuse or neglect, or any substantially similar offense under the laws of another jurisdiction, if five years have elapsed following the conviction.C\n\nBackground checks pursuant to subsection A require:1\n\nA sworn statement or affirmation disclosing whether the person has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and, in the case of licensed child-placing agencies or independent foster homes, whether or not the person has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;2\n\nA criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389; and3\n\nIn the case of licensed child-placing agencies or independent foster homes, a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.D\n\nAny person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision C 1 is guilty of a Class 1 misdemeanor.E\n\nA licensed assisted living facility, licensed adult day center, licensed child-placing agency, or licensed independent foster home shall obtain for any compensated employees within 30 days of employment (i) an original criminal record clearance with respect to convictions for any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange and (ii) in the case of licensed child-placing agencies or independent foster homes, (a) an original criminal record clearance with respect to any barrier crime as defined in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange and (b) a copy of the information from the central registry for any compensated employee within 30 days of employment. However, no employee shall be permitted to work in a position that involves direct contact with a person or child receiving services until an original criminal record clearance or original criminal history record has been received, unless such person works under the direct supervision of another employee for whom a background check has been completed in accordance with the requirements of this section. If an applicant is denied employment because of information from the central registry or convictions appearing on his criminal history record, the licensed assisted living facility, adult day center, child-placing agency, or independent foster home shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant.F\n\nNo volunteer who (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth shall be permitted to serve in a licensed child-placing agency or independent foster home. Any person desiring to volunteer at a licensed child-placing agency or independent foster home shall provide the agency, system, or home with a sworn statement or affirmation pursuant to subdivision C 1. Such licensed child-placing agency or independent foster home shall obtain for any volunteers, within 30 days of commencement of volunteer service, a copy of (a) the information from the central registry and (b) an original criminal record clearance with respect to any barrier crime as defined in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision C 1 is guilty of a Class 1 misdemeanor. If a volunteer is denied service because of information from the central registry or convictions appearing on his criminal history record, such licensed child-placing agency or independent foster home shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the volunteer. The provisions of this subsection shall apply only to volunteers who will be alone with any child in the performance of their duties and shall not apply to a parent-volunteer of a child attending a licensed child-placing agency or independent foster home, whether or not such parent-volunteer will be alone with any child in the performance of his duties. A parent-volunteer is someone supervising, without pay, a group of children that includes the parent-volunteer’s own child in a program that operates no more than four hours per day, provided that the parent-volunteer works under the direct supervision of a person who has received a clearance pursuant to this section.G\n\nNo volunteer shall be permitted to serve in a licensed assisted living facility or licensed adult day center without the permission or under the supervision of a person who has received a clearance pursuant to this section.H\n\nFurther dissemination of the background check information is prohibited other than to the Commissioner’s representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.I\n\nNotwithstanding any other provision of law, a licensed adult day center 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 an employee in accordance with this section and (ii) whether such employee is eligible for employment.J\n\nA licensed assisted living facility shall notify and provide all students a copy of the provisions of this article prior to or upon enrollment in a certified nurse aide program operated by such assisted living facility.K\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.","order_by":null,"text":{"0":{"id":259491,"text":"No assisted living facility or adult day center shall hire for compensated employment or continue to employ persons who have been convicted of any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02. A child-placing agency or independent foster home licensed in accordance with the provisions of this chapter shall not hire for compensated employment or continue to employ persons who (i) have been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) are the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. All applicants for employment shall undergo background checks pursuant to subsection C.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259492,"text":"A licensed assisted living facility or adult day center may hire an applicant or continue to employ a person convicted of one misdemeanor barrier crime not involving abuse or neglect, or any substantially similar offense under the laws of another jurisdiction, if five years have elapsed following the conviction.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259493,"text":"Background checks pursuant to subsection A require:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":259494,"text":"A sworn statement or affirmation disclosing whether the person has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and, in the case of licensed child-placing agencies or independent foster homes, whether or not the person has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":259495,"text":"A criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":259496,"text":"In the case of licensed child-placing agencies or independent foster homes, a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":259497,"text":"Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision C 1 is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"7":{"id":259498,"text":"A licensed assisted living facility, licensed adult day center, licensed child-placing agency, or licensed independent foster home shall obtain for any compensated employees within 30 days of employment (i) an original criminal record clearance with respect to convictions for any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange and (ii) in the case of licensed child-placing agencies or independent foster homes, (a) an original criminal record clearance with respect to any barrier crime as defined in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange and (b) a copy of the information from the central registry for any compensated employee within 30 days of employment. However, no employee shall be permitted to work in a position that involves direct contact with a person or child receiving services until an original criminal record clearance or original criminal history record has been received, unless such person works under the direct supervision of another employee for whom a background check has been completed in accordance with the requirements of this section. If an applicant is denied employment because of information from the central registry or convictions appearing on his criminal history record, the licensed assisted living facility, adult day center, child-placing agency, or independent foster home shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":259499,"text":"No volunteer who (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth shall be permitted to serve in a licensed child-placing agency or independent foster home. Any person desiring to volunteer at a licensed child-placing agency or independent foster home shall provide the agency, system, or home with a sworn statement or affirmation pursuant to subdivision C 1. Such licensed child-placing agency or independent foster home shall obtain for any volunteers, within 30 days of commencement of volunteer service, a copy of (a) the information from the central registry and (b) an original criminal record clearance with respect to any barrier crime as defined in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision C 1 is guilty of a Class 1 misdemeanor. If a volunteer is denied service because of information from the central registry or convictions appearing on his criminal history record, such licensed child-placing agency or independent foster home shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the volunteer. The provisions of this subsection shall apply only to volunteers who will be alone with any child in the performance of their duties and shall not apply to a parent-volunteer of a child attending a licensed child-placing agency or independent foster home, whether or not such parent-volunteer will be alone with any child in the performance of his duties. A parent-volunteer is someone supervising, without pay, a group of children that includes the parent-volunteer’s own child in a program that operates no more than four hours per day, provided that the parent-volunteer works under the direct supervision of a person who has received a clearance pursuant to this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":259500,"text":"No volunteer shall be permitted to serve in a licensed assisted living facility or licensed adult day center without the permission or under the supervision of a person who has received a clearance pursuant to this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"10":{"id":259501,"text":"Further dissemination of the background check information is prohibited other than to the Commissioner’s representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"11":{"id":259502,"text":"Notwithstanding any other provision of law, a licensed adult day center 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 an employee in accordance with this section and (ii) whether such employee is eligible for employment.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"12":{"id":259503,"text":"A licensed assisted living facility shall notify and provide all students a copy of the provisions of this article prior to or upon enrollment in a certified nurse aide program operated by such assisted living facility.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"13":{"id":259504,"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":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":15584,"edition_id":1,"name":"Background Checks","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13303,"metadata":{},"date_created":"2026-06-26 03:56:33","date_modified":"2026-06-26 03:56:33","permalink":{"id":272259,"object_type":"structure","relational_id":15584,"identifier":"3","token":"63.2\/IV\/17\/3","url":"\/63.2\/IV\/17\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13303,"edition_id":1,"name":"Licensure and Registration Procedures","identifier":"17","label":"chapter","depth":3,"order_by":1,"parent_id":13166,"metadata":{},"date_created":"2026-06-26 03:44:36","date_modified":"2026-06-26 03:44:36","permalink":{"id":272145,"object_type":"structure","relational_id":13303,"identifier":"17","token":"63.2\/IV\/17","url":"\/63.2\/IV\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13166,"edition_id":1,"name":"Licensure","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":272143,"object_type":"structure","relational_id":13166,"identifier":"IV","token":"63.2\/IV","url":"\/63.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79115,"structure_id":15584,"section_number":"63.2-1719","catch_line":"Barrier crime; construction","url":"\/63.2-1719\/","token":"63.2\/IV\/17\/3\/63.2-1719","metadata":false},{"id":72022,"structure_id":15584,"section_number":"63.2-1720","catch_line":"Assisted living facilities and adult day centers; employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty","url":"\/63.2-1720\/","token":"63.2\/IV\/17\/3\/63.2-1720","metadata":false},{"id":84844,"structure_id":15584,"section_number":"63.2-1720.1","catch_line":"Repealed","url":"\/63.2-1720.1\/","token":"63.2\/IV\/17\/3\/63.2-1720.1","metadata":false},{"id":81967,"structure_id":15584,"section_number":"63.2-1721","catch_line":"Background check upon application for licensure as a child-placing agency, etc.; penalty","url":"\/63.2-1721\/","token":"63.2\/IV\/17\/3\/63.2-1721","metadata":false},{"id":79599,"structure_id":15584,"section_number":"63.2-1721.1","catch_line":"Repealed","url":"\/63.2-1721.1\/","token":"63.2\/IV\/17\/3\/63.2-1721.1","metadata":false},{"id":86252,"structure_id":15584,"section_number":"63.2-1722","catch_line":"Revocation or denial of renewal based on background checks; failure to obtain background check","url":"\/63.2-1722\/","token":"63.2\/IV\/17\/3\/63.2-1722","metadata":false},{"id":76456,"structure_id":15584,"section_number":"63.2-1723","catch_line":"Child welfare agencies; criminal conviction and waiver","url":"\/63.2-1723\/","token":"63.2\/IV\/17\/3\/63.2-1723","metadata":false},{"id":86979,"structure_id":15584,"section_number":"63.2-1724","catch_line":"Repealed","url":"\/63.2-1724\/","token":"63.2\/IV\/17\/3\/63.2-1724","metadata":false},{"id":80180,"structure_id":15584,"section_number":"63.2-1726","catch_line":"Background check required; children's residential facilities","url":"\/63.2-1726\/","token":"63.2\/IV\/17\/3\/63.2-1726","metadata":false},{"id":59457,"structure_id":15584,"section_number":"63.2-1727","catch_line":"Repealed","url":"\/63.2-1727\/","token":"63.2\/IV\/17\/3\/63.2-1727","metadata":false}],"previous_section":{"id":79115,"structure_id":15584,"section_number":"63.2-1719","catch_line":"Barrier crime; construction","url":"\/63.2-1719\/","token":"63.2\/IV\/17\/3\/63.2-1719","metadata":false},"next_section":{"id":84844,"structure_id":15584,"section_number":"63.2-1720.1","catch_line":"Repealed","url":"\/63.2-1720.1\/","token":"63.2\/IV\/17\/3\/63.2-1720.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1720\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 360 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. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 18 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 1986, chapters 300 and 627; in 1987, chapters 130, 131, 692, and 693; in 1992, chapters 746 and 844; in 1993, chapters 17, 657, 730, 742, 957, and 993; in 1996, chapter 747<\/a>; in 1998, chapters 551<\/a> and 581<\/a>; in 1999, chapters 637<\/a> and 740<\/a>; in 2001, chapter 778<\/a>; in 2002, chapter 747<\/a>; in 2005, chapter 723<\/a>; in 2006, chapters 701<\/a> and 764<\/a>; in 2014, chapter 129<\/a>; in 2015, chapters 758<\/a> and 770<\/a>; in 2016, chapter 632<\/a>; in 2017, chapters 189<\/a>, 201<\/a>, 751<\/a>, and 809<\/a>; in 2019, chapter 89<\/a>; in 2020, chapters 860<\/a> and 861<\/a>; in 2024, chapters 37<\/a> and 150<\/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":86252,"section_number":"63.2-1722","catch_line":"Revocation or denial of renewal based on background checks; failure to obtain background check","order_by":null,"url":"\/63.2-1722\/"},{"id":76456,"section_number":"63.2-1723","catch_line":"Child welfare agencies; criminal conviction and waiver","order_by":null,"url":"\/63.2-1723\/"}],"refers_to":[{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":67092,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","order_by":null,"url":"\/63.2-1515\/"}],"permalink":{"id":272265,"object_type":"law","relational_id":72022,"identifier":"63.2-1720","token":"63.2\/IV\/17\/3\/63.2-1720","url":"\/63.2-1720\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1720\/","token":"63.2\/IV\/17\/3\/63.2-1720","dublin_core":{"Title":"Assisted living facilities and adult day centers; employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1720","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No assisted living facility<\/span> or adult day center<\/span> shall hire for compensated employment or continue to employ persons who have been convicted of any offense<\/span> set forth in clause (i) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>. A child<\/span>-placing agency<\/span> or independent foster home<\/span> licensed in accordance with the provisions of this chapter shall not hire for compensated employment or continue to employ persons who (i) have been convicted of any barrier crime<\/span> as defined in § 19.2-392.02<\/a> or (ii) are the subject of a founded complaint of child<\/span> abuse or neglect within or outside the Commonwealth. All applicants for employment shall undergo background checks pursuant to subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A licensed assisted living facility<\/span> or adult day center<\/span> may hire an applicant or continue to employ a person convicted of one misdemeanor<\/span> barrier crime<\/span> not involving abuse or neglect, or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>, if five years have elapsed following the conviction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Background checks pursuant to subsection A require: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A sworn statement or affirmation disclosing whether the person has a criminal conviction<\/span> or is the subject of any pending criminal charges within or outside the Commonwealth and, in the case of licensed child<\/span>-placing agencies or independent foster homes<\/span>, whether or not the person has been the subject of a founded complaint of child<\/span> abuse or neglect within or outside the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/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

3.<\/span> In the case of licensed child<\/span>-placing agencies or independent foster homes<\/span>, a search of the central registry maintained pursuant to § 63.2-1515<\/a> for any founded complaint of child<\/span> abuse and neglect. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision C 1 is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A licensed assisted living facility<\/span>, licensed adult day center<\/span>, licensed child<\/span>-placing agency<\/span>, or licensed independent foster home<\/span> shall obtain for any compensated employees within 30 days of employment (i) an original criminal record clearance with respect to convictions<\/span> for any offense<\/span> set forth in clause (i) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> or an original criminal history record from the Central Criminal Records Exchange and (ii) in the case of licensed child<\/span>-placing agencies or independent foster homes<\/span>, (a) an original criminal record clearance with respect to any barrier crime<\/span> as defined in § 19.2-392.02<\/a> or an original criminal history record from the Central Criminal Records Exchange and (b) a copy of the information from the central registry for any compensated employee within 30 days of employment. However, no employee shall be permitted to work in a position that involves direct contact with a person or child<\/span> receiving services until an original criminal record clearance or original criminal history record has been received, unless such person works under the direct supervision of another employee for whom a background check has been completed in accordance with the requirements of this section. If an applicant is denied employment because of information from the central registry or convictions<\/span> appearing on his criminal history record, the licensed assisted living facility<\/span>, adult day center<\/span>, child<\/span>-placing agency<\/span>, or independent foster home<\/span> shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No volunteer who (i) has been convicted of any barrier crime<\/span> as defined in § 19.2-392.02<\/a> or (ii) is the subject of a founded complaint of child<\/span> abuse or neglect within or outside the Commonwealth shall be permitted to serve in a licensed child<\/span>-placing agency<\/span> or independent foster home<\/span>. Any person desiring to volunteer at a licensed child<\/span>-placing agency<\/span> or independent foster home<\/span> shall provide the agency, system, or home with a sworn statement or affirmation pursuant to subdivision C 1. Such licensed child<\/span>-placing agency<\/span> or independent foster home<\/span> shall obtain for any volunteers, within 30 days of commencement of volunteer service, a copy of (a) the information from the central registry and (b) an original criminal record clearance with respect to any barrier crime<\/span> as defined in § 19.2-392.02<\/a> or an original criminal history record from the Central Criminal Records Exchange. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision C 1 is guilty of a Class 1 misdemeanor<\/span>. If a volunteer is denied service because of information from the central registry or convictions<\/span> appearing on his criminal history record, such licensed child<\/span>-placing agency<\/span> or independent foster home<\/span> shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the volunteer. The provisions of this subsection shall apply only to volunteers who will be alone with any child<\/span> in the performance of their duties and shall not apply to a parent-volunteer of a child<\/span> attending a licensed child<\/span>-placing agency<\/span> or independent foster home<\/span>, whether or not such parent-volunteer will be alone with any child<\/span> in the performance of his duties. A parent-volunteer is someone supervising, without pay, a group of children that includes the parent-volunteer’s own child<\/span> in a program that operates no more than four hours per day, provided that the parent-volunteer works under the direct supervision of a person who has received a clearance pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> No volunteer shall be permitted to serve in a licensed assisted living facility<\/span> or licensed adult day center<\/span> without the permission or under the supervision of a person who has received a clearance pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Further dissemination of the background check information is prohibited other than to the Commissioner<\/span>’s representative or a federal or state authority or court<\/span> as may be required to comply with an express requirement of law<\/span> for such further dissemination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Notwithstanding any other provision of law<\/span>, a licensed adult day center<\/span> that provides services to individuals receiving services under the state 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 an employee in accordance with this section and (ii) whether such employee is eligible for employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> A licensed assisted living facility<\/span> shall notify and provide all students a copy of the provisions of this article prior to or upon enrollment in a certified nurse aide program operated by such assisted living facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/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>","plain_text":" CODE OF VIRGINIA\n\nASSISTED LIVING FACILITIES AND ADULT DAY CENTERS; EMPLOYMENT FOR COMPENSATION OF\nPERSONS OR USE OF VOLUNTEERS CONVICTED OF CERTAIN OFFENSES PROHIBITED;\nBACKGROUND CHECK REQUIRED; PENALTY (\u00a7 63.2-1720)\n\nA. No assisted living facility or adult day center shall hire for compensated\nemployment or continue to employ persons who have been convicted of any offense\nset forth in clause (i) of the definition of barrier crime in §\n19.2-392.02. A child-placing agency or independent foster home licensed in\naccordance with the provisions of this chapter shall not hire for compensated\nemployment or continue to employ persons who (i) have been convicted of any\nbarrier crime as defined in § 19.2-392.02 or (ii) are the subject of a\nfounded complaint of child abuse or neglect within or outside the Commonwealth.\nAll applicants for employment shall undergo background checks pursuant to\nsubsection C.\n\nB. A licensed assisted living facility or adult day center may hire an applicant\nor continue to employ a person convicted of one misdemeanor barrier crime not\ninvolving abuse or neglect, or any substantially similar offense under the laws\nof another jurisdiction, if five years have elapsed following the conviction.\n\nC. Background checks pursuant to subsection A require:\n\n 1. A sworn statement or affirmation disclosing whether the person has a\n criminal conviction or is the subject of any pending criminal charges within\n or outside the Commonwealth and, in the case of licensed child-placing\n agencies or independent foster homes, whether or not the person has been the\n subject of a founded complaint of child abuse or neglect within or outside the\n Commonwealth;\n\n 2. A criminal history records check through the Central Criminal Records\n Exchange pursuant to § 19.2-389; and\n\n 3. In the case of licensed child-placing agencies or independent foster homes,\n a search of the central registry maintained pursuant to § 63.2-1515 for\n any founded complaint of child abuse and neglect.\n\nD. Any person making a materially false statement regarding the sworn statement\nor affirmation provided pursuant to subdivision C 1 is guilty of a Class 1\nmisdemeanor.\n\nE. A licensed assisted living facility, licensed adult day center, licensed\nchild-placing agency, or licensed independent foster home shall obtain for any\ncompensated employees within 30 days of employment (i) an original criminal\nrecord clearance with respect to convictions for any offense set forth in clause\n(i) of the definition of barrier crime in § 19.2-392.02 or an original\ncriminal history record from the Central Criminal Records Exchange and (ii) in\nthe case of licensed child-placing agencies or independent foster homes, (a) an\noriginal criminal record clearance with respect to any barrier crime as defined\nin § 19.2-392.02 or an original criminal history record from the Central\nCriminal Records Exchange and (b) a copy of the information from the central\nregistry for any compensated employee within 30 days of employment. However, no\nemployee shall be permitted to work in a position that involves direct contact\nwith a person or child receiving services until an original criminal record\nclearance or original criminal history record has been received, unless such\nperson works under the direct supervision of another employee for whom a\nbackground check has been completed in accordance with the requirements of this\nsection. If an applicant is denied employment because of information from the\ncentral registry or convictions appearing on his criminal history record, the\nlicensed assisted living facility, adult day center, child-placing agency, or\nindependent foster home shall provide a copy of the information obtained from\nthe central registry or the Central Criminal Records Exchange or both to the\napplicant.\n\nF. No volunteer who (i) has been convicted of any barrier crime as defined in\n§ 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse\nor neglect within or outside the Commonwealth shall be permitted to serve in a\nlicensed child-placing agency or independent foster home. Any person desiring to\nvolunteer at a licensed child-placing agency or independent foster home shall\nprovide the agency, system, or home with a sworn statement or affirmation\npursuant to subdivision C 1. Such licensed child-placing agency or independent\nfoster home shall obtain for any volunteers, within 30 days of commencement of\nvolunteer service, a copy of (a) the information from the central registry and\n(b) an original criminal record clearance with respect to any barrier crime as\ndefined in § 19.2-392.02 or an original criminal history record from the\nCentral Criminal Records Exchange. Any person making a materially false\nstatement regarding the sworn statement or affirmation provided pursuant to\nsubdivision C 1 is guilty of a Class 1 misdemeanor. If a volunteer is denied\nservice because of information from the central registry or convictions\nappearing on his criminal history record, such licensed child-placing agency or\nindependent foster home shall provide a copy of the information obtained from\nthe central registry or the Central Criminal Records Exchange or both to the\nvolunteer. The provisions of this subsection shall apply only to volunteers who\nwill be alone with any child in the performance of their duties and shall not\napply to a parent-volunteer of a child attending a licensed child-placing agency\nor independent foster home, whether or not such parent-volunteer will be alone\nwith any child in the performance of his duties. A parent-volunteer is someone\nsupervising, without pay, a group of children that includes the\nparent-volunteer’s own child in a program that operates no more than four\nhours per day, provided that the parent-volunteer works under the direct\nsupervision of a person who has received a clearance pursuant to this section.\n\nG. No volunteer shall be permitted to serve in a licensed assisted living\nfacility or licensed adult day center without the permission or under the\nsupervision of a person who has received a clearance pursuant to this section.\n\nH. Further dissemination of the background check information is prohibited other\nthan to the Commissioner’s representative or a federal or state authority\nor court as may be required to comply with an express requirement of law for\nsuch further dissemination.\n\nI. Notwithstanding any other provision of law, a licensed adult day center 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 an employee in accordance with this section and (ii)\nwhether such employee is eligible for employment.\n\nJ. A licensed assisted living facility shall notify and provide all students a\ncopy of the provisions of this article prior to or upon enrollment in a\ncertified nurse aide program operated by such assisted living facility.\n\nK. 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\nHISTORY: 1985, c. 360, \u00a7 63.1-198.1; 1986, cc. 300, 627; 1987, cc. 130, 131,\n692, 693; 1992, cc. 746, 844, \u00a7\u00a7 63.1-173.2, 63.1-194.13; 1993, cc. 17, 657,\n730, 742, 957, 993; 1996, c. 747; 1998, cc. 551, 581; 1999, cc. 637, 740; 2001,\nc. 778; 2002, c. 747; 2005, c. 723; 2006, cc. 701, 764; 2014, c. 129; 2015, cc.\n758, 770; 2016, c. 632; 2017, cc. 189, 201, 751, 809; 2019, c. 89; 2020, cc.\n860, 861; 2024, cc. 37, 150.","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}}