{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1721.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1721.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1721.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1721.html"}],"law_id":81967,"edition_id":1,"section_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","history":"Code 1950, \u00a7\u00a7 63-235, 63-236; 1968, cc. 578, 585, \u00a7\u00a7 63.1-198, 63.1-199; 1975, c. 439; 1985, c. 360, \u00a7 63.1-198.1; 1986, cc. 300, 627; 1987, cc. 130, 131, 692, 693; 1992, c. 746; 1993, cc. 730, 742; 1995, c. 401; 1996, c. 747; 1997, c. 427; 1998, cc. 551, 581; 1999, c. 740; 2001, c. 778; 2002, c. 747; 2004, c. 714; 2005, cc. 610, 722, 924; 2006, c. 885; 2014, c. 129; 2015, cc. 364, 758, 770; 2017, cc. 189, 751, 809; 2018, cc. 369, 573; 2020, cc. 860, 861.","full_text":"A\n\nUpon application for licensure as a child-placing agency or independent foster home, (i) all applicants and (ii) agents at the time of application who are or will be involved in the day-to-day operations of the child-placing agency or independent foster home or who are or will be alone with, in control of, or supervising one or more of the children shall undergo a background check pursuant to subsection B. Upon application for licensure as an assisted living facility, all applicants shall undergo a background check pursuant to subsection B. In addition, foster or adoptive parents requesting approval by child-placing agencies shall undergo background checks pursuant to subsection B prior to their approval.B\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 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 child-placing agencies, independent foster homes, or adoptive or foster parents, a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.C\n\nThe person required to have a background check pursuant to subsection A shall submit the background check information required in subsection B to the Commissioner’s representative prior to issuance of a license, registration or approval. The applicant, other than an applicant for licensure as an assisted living facility, shall provide 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. An applicant for licensure as an assisted living facility shall provide an original criminal record clearance with respect to 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. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision B 1 is guilty of a Class 1 misdemeanor. If any person specified in subsection A, other than an applicant for licensure as an assisted living facility, required to have a background check (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, and such person has not been granted a waiver by the Commissioner pursuant to § 63.2-1723 or is not subject to an exception in subsection E, F, G, or H, (a) the Commissioner shall not issue a license to a child-placing agency or independent foster home or (b) a child-placing agency shall not approve an adoptive or foster home. If any applicant for licensure as an assisted living facility required to have a background check has been convicted of any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02, the Commissioner shall not issue a license to an assisted living facility.D\n\nNo person specified in subsection A shall be involved in the day-to-day operations of a licensed child-placing agency or independent foster home; be alone with, in control of, or supervising one or more children receiving services from a licensed child-placing agency or independent foster home; or be permitted to work in a position that involves direct contact with a person receiving services without first having completed background checks pursuant to subsection B unless such person is directly supervised by another person for whom a background check has been completed in accordance with the requirements of this section.E\n\nNotwithstanding any provision to the contrary contained in this section, a child-placing agency may approve as an adoptive or foster parent an applicant who has been convicted of not more than one misdemeanor offense as set out in § 18.2-57, or any substantially similar offense under the laws of another jurisdiction, not involving abuse, neglect, moral turpitude, or a minor, provided that 10 years have elapsed following the conviction.F\n\nNotwithstanding any provision to the contrary contained in this section, a child-placing agency may approve as a foster parent an applicant who has been convicted of statutory burglary for breaking and entering a dwelling home or other structure with intent to commit larceny, or any substantially similar offense under the laws of another jurisdiction, who has had his civil rights restored by the Governor or other appropriate authority, provided that 25 years have elapsed following the conviction.G\n\nNotwithstanding any provision to the contrary contained in this section, a child-placing agency may approve as an adoptive or foster parent an applicant convicted of any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 who has had his civil rights restored by the Governor or other appropriate authority, provided that 10 years have elapsed following the conviction, or eight years have elapsed following the conviction and the applicant (i) has complied with all obligations imposed by the criminal court; (ii) has completed a substance abuse treatment program; (iii) has completed a drug test administered by a laboratory or medical professional within 90 days prior to being approved, and such test returned with a negative result; and (iv) complies with any other obligations as determined by the Department.H\n\nNotwithstanding any provision to the contrary contained in this section, a child-placing agency may approve as an adoptive or foster parent an applicant convicted of any offense set forth in clause (iii) of the definition of barrier crime in § 19.2-392.02 who has had his civil rights restored by the Governor or other appropriate authority, provided that 20 years have elapsed following the conviction.I\n\nIf an applicant is denied licensure, registration or approval because of information from the central registry or convictions appearing on his criminal history record, the Commissioner shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant.J\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.","order_by":null,"text":{"0":{"id":293717,"text":"Upon application for licensure as a child-placing agency or independent foster home, (i) all applicants and (ii) agents at the time of application who are or will be involved in the day-to-day operations of the child-placing agency or independent foster home or who are or will be alone with, in control of, or supervising one or more of the children shall undergo a background check pursuant to subsection B. Upon application for licensure as an assisted living facility, all applicants shall undergo a background check pursuant to subsection B. In addition, foster or adoptive parents requesting approval by child-placing agencies shall undergo background checks pursuant to subsection B prior to their approval.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293718,"text":"Background checks pursuant to subsection A require:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":293719,"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 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":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":293720,"text":"A criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":293721,"text":"In the case of child-placing agencies, independent foster homes, or adoptive or foster parents, a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":293722,"text":"The person required to have a background check pursuant to subsection A shall submit the background check information required in subsection B to the Commissioner’s representative prior to issuance of a license, registration or approval. The applicant, other than an applicant for licensure as an assisted living facility, shall provide 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. An applicant for licensure as an assisted living facility shall provide an original criminal record clearance with respect to 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. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision B 1 is guilty of a Class 1 misdemeanor. If any person specified in subsection A, other than an applicant for licensure as an assisted living facility, required to have a background check (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, and such person has not been granted a waiver by the Commissioner pursuant to § 63.2-1723 or is not subject to an exception in subsection E, F, G, or H, (a) the Commissioner shall not issue a license to a child-placing agency or independent foster home or (b) a child-placing agency shall not approve an adoptive or foster home. If any applicant for licensure as an assisted living facility required to have a background check has been convicted of any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02, the Commissioner shall not issue a license to an assisted living facility.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":293723,"text":"No person specified in subsection A shall be involved in the day-to-day operations of a licensed child-placing agency or independent foster home; be alone with, in control of, or supervising one or more children receiving services from a licensed child-placing agency or independent foster home; or be permitted to work in a position that involves direct contact with a person receiving services without first having completed background checks pursuant to subsection B unless such person is directly supervised by another person for whom a background check has been completed in accordance with the requirements of this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":293724,"text":"Notwithstanding any provision to the contrary contained in this section, a child-placing agency may approve as an adoptive or foster parent an applicant who has been convicted of not more than one misdemeanor offense as set out in § 18.2-57, or any substantially similar offense under the laws of another jurisdiction, not involving abuse, neglect, moral turpitude, or a minor, provided that 10 years have elapsed following the conviction.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":293725,"text":"Notwithstanding any provision to the contrary contained in this section, a child-placing agency may approve as a foster parent an applicant who has been convicted of statutory burglary for breaking and entering a dwelling home or other structure with intent to commit larceny, or any substantially similar offense under the laws of another jurisdiction, who has had his civil rights restored by the Governor or other appropriate authority, provided that 25 years have elapsed following the conviction.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":293726,"text":"Notwithstanding any provision to the contrary contained in this section, a child-placing agency may approve as an adoptive or foster parent an applicant convicted of any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 who has had his civil rights restored by the Governor or other appropriate authority, provided that 10 years have elapsed following the conviction, or eight years have elapsed following the conviction and the applicant (i) has complied with all obligations imposed by the criminal court; (ii) has completed a substance abuse treatment program; (iii) has completed a drug test administered by a laboratory or medical professional within 90 days prior to being approved, and such test returned with a negative result; and (iv) complies with any other obligations as determined by the Department.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"10":{"id":293727,"text":"Notwithstanding any provision to the contrary contained in this section, a child-placing agency may approve as an adoptive or foster parent an applicant convicted of any offense set forth in clause (iii) of the definition of barrier crime in § 19.2-392.02 who has had his civil rights restored by the Governor or other appropriate authority, provided that 20 years have elapsed following the conviction.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"11":{"id":293728,"text":"If an applicant is denied licensure, registration or approval because of information from the central registry or convictions appearing on his criminal history record, the Commissioner 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":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"12":{"id":293729,"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":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1721\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 22 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 1968, chapters 578 and 585; in 1975, chapter 439; in 1985, chapter 360; in 1986, chapters 300 and 627; in 1987, chapters 130, 131, 692, and 693; in 1992, chapter 746; in 1993, chapters 730 and 742; in 1995, chapter 401<\/a>; in 1996, chapter 747<\/a>; in 1997, chapter 427<\/a>; in 1998, chapters 551<\/a> and 581<\/a>; in 1999, chapter 740<\/a>; in 2001, chapter 778<\/a>; in 2002, chapter 747<\/a>; in 2004, chapter 714<\/a>; in 2005, chapters 610<\/a>, 722<\/a>, and 924<\/a>; in 2006, chapter 885<\/a>; in 2014, chapter 129<\/a>; in 2015, chapters 364<\/a>, 758<\/a>, and 770<\/a>; in 2017, chapters 189<\/a>, 751<\/a>, and 809<\/a>; in 2018, chapters 369<\/a> and 573<\/a>; in 2020, chapters 860<\/a> and 861<\/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":57567,"section_number":"63.2-1702","catch_line":"Investigation on receipt of application","order_by":null,"url":"\/63.2-1702\/"},{"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":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"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\/"},{"id":76456,"section_number":"63.2-1723","catch_line":"Child welfare agencies; criminal conviction and waiver","order_by":null,"url":"\/63.2-1723\/"}],"permalink":{"id":272273,"object_type":"law","relational_id":81967,"identifier":"63.2-1721","token":"63.2\/IV\/17\/3\/63.2-1721","url":"\/63.2-1721\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1721\/","token":"63.2\/IV\/17\/3\/63.2-1721","dublin_core":{"Title":"Background check upon application for licensure as a child-placing agency, etc.; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1721","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon application for licensure as a child<\/span>-placing agency<\/span> or independent foster home<\/span>, (i) all applicants and (ii) agents at the time of application who are or will be involved in the day-to-day operations of the child<\/span>-placing agency<\/span> or independent foster home<\/span> or who are or will be alone with, in control of, or supervising one or more of the children shall undergo a background check pursuant to subsection B. Upon application for licensure as an assisted living facility<\/span>, all applicants shall undergo a background check pursuant to subsection B. In addition, foster or adoptive parents requesting approval by child<\/span>-placing agencies shall undergo background checks pursuant to subsection B prior to their approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/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 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 child<\/span>-placing agencies, independent foster homes<\/span>, or adoptive or foster parents, 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

C.<\/span> The person required to have a background check pursuant to subsection A shall submit the background check information required in subsection B to the Commissioner<\/span>’s representative prior to issuance of a license, registration or approval. The applicant, other than an applicant for licensure as an assisted living facility<\/span>, shall provide 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. An applicant for licensure as an assisted living facility<\/span> shall provide an original criminal record clearance with respect to 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. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision B 1 is guilty of a Class 1 misdemeanor<\/span>. If any person specified in subsection A, other than an applicant for licensure as an assisted living facility<\/span>, required to have a background check (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, and such person has not been granted a waiver<\/span> by the Commissioner<\/span> pursuant to § 63.2-1723<\/a> or is not subject to an exception in subsection E, F, G, or H, (a) the Commissioner<\/span> shall not issue<\/span> a license to a child<\/span>-placing agency<\/span> or independent foster home<\/span> or (b) a child<\/span>-placing agency<\/span> shall not approve an adoptive or foster home. If any applicant for licensure as an assisted living facility<\/span> required to have a background check has been convicted of any offense<\/span> set forth in clause (i) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>, the Commissioner<\/span> shall not issue<\/span> a license to an assisted living facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No person specified in subsection A shall be involved in the day-to-day operations of a licensed child<\/span>-placing agency<\/span> or independent foster home<\/span>; be alone with, in control of, or supervising one or more children receiving services from a licensed child<\/span>-placing agency<\/span> or independent foster home<\/span>; or be permitted to work in a position that involves direct contact with a person receiving services without first having completed background checks pursuant to subsection B unless such person is directly supervised by another person for whom a background check has been completed in accordance with the requirements of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any provision to the contrary contained in this section, a child<\/span>-placing agency<\/span> may approve as an adoptive or foster parent an applicant who has been convicted of not more than one misdemeanor<\/span> offense<\/span> as set out in § 18.2-57<\/a>, or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>, not involving abuse, neglect, moral turpitude<\/span>, or a minor<\/span>, provided that 10 years have elapsed following the conviction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding any provision to the contrary contained in this section, a child<\/span>-placing agency<\/span> may approve as a foster parent an applicant who has been convicted of statutory burglary<\/span> for breaking and entering a dwelling home or other structure with intent<\/span> to commit larceny<\/span>, or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>, who has had his civil rights restored by the Governor or other appropriate authority, provided that 25 years have elapsed following the conviction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding any provision to the contrary contained in this section, a child<\/span>-placing agency<\/span> may approve as an adoptive or foster parent an applicant convicted of any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> who has had his civil rights restored by the Governor or other appropriate authority, provided that 10 years have elapsed following the conviction<\/span>, or eight years have elapsed following the conviction<\/span> and the applicant (i) has complied with all obligations imposed by the criminal court<\/span>; (ii) has completed a substance abuse treatment<\/span> program; (iii) has completed a drug test administered by a laboratory or medical professional within 90 days prior to being approved, and such test returned with a negative result; and (iv) complies with any other obligations as determined by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Notwithstanding any provision to the contrary contained in this section, a child<\/span>-placing agency<\/span> may approve as an adoptive or foster parent an applicant convicted of any offense<\/span> set forth in clause (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> who has had his civil rights restored by the Governor or other appropriate authority, provided that 20 years have elapsed following the conviction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> If an applicant is denied licensure, registration or approval because of information from the central registry or convictions<\/span> appearing on his criminal history record, the Commissioner<\/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

J.<\/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>","plain_text":" CODE OF VIRGINIA\n\nBACKGROUND CHECK UPON APPLICATION FOR LICENSURE AS A CHILD-PLACING AGENCY, ETC.;\nPENALTY (\u00a7 63.2-1721)\n\nA. Upon application for licensure as a child-placing agency or independent\nfoster home, (i) all applicants and (ii) agents at the time of application who\nare or will be involved in the day-to-day operations of the child-placing agency\nor independent foster home or who are or will be alone with, in control of, or\nsupervising one or more of the children shall undergo a background check\npursuant to subsection B. Upon application for licensure as an assisted living\nfacility, all applicants shall undergo a background check pursuant to subsection\nB. In addition, foster or adoptive parents requesting approval by child-placing\nagencies shall undergo background checks pursuant to subsection B prior to their\napproval.\n\nB. 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 whether or not the person has been the subject\n 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 child-placing agencies, independent foster homes, or\n adoptive or foster parents, a search of the central registry maintained\n pursuant to § 63.2-1515 for any founded complaint of child abuse and\n neglect.\n\nC. The person required to have a background check pursuant to subsection A shall\nsubmit the background check information required in subsection B to the\nCommissioner’s representative prior to issuance of a license, registration\nor approval. The applicant, other than an applicant for licensure as an assisted\nliving facility, shall provide an original criminal record clearance with\nrespect to any barrier crime as defined in § 19.2-392.02 or an original\ncriminal history record from the Central Criminal Records Exchange. An applicant\nfor licensure as an assisted living facility shall provide an original criminal\nrecord clearance with respect to any offense set forth in clause (i) of the\ndefinition of barrier crime in § 19.2-392.02 or an original criminal\nhistory record from the Central Criminal Records Exchange. Any person making a\nmaterially false statement regarding the sworn statement or affirmation provided\npursuant to subdivision B 1 is guilty of a Class 1 misdemeanor. If any person\nspecified in subsection A, other than an applicant for licensure as an assisted\nliving facility, required to have a background check (i) has been convicted of\nany barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a\nfounded complaint of child abuse or neglect within or outside the Commonwealth,\nand such person has not been granted a waiver by the Commissioner pursuant to\n§ 63.2-1723 or is not subject to an exception in subsection E, F, G, or H,\n(a) the Commissioner shall not issue a license to a child-placing agency or\nindependent foster home or (b) a child-placing agency shall not approve an\nadoptive or foster home. If any applicant for licensure as an assisted living\nfacility required to have a background check has been convicted of any offense\nset forth in clause (i) of the definition of barrier crime in §\n19.2-392.02, the Commissioner shall not issue a license to an assisted living\nfacility.\n\nD. No person specified in subsection A shall be involved in the day-to-day\noperations of a licensed child-placing agency or independent foster home; be\nalone with, in control of, or supervising one or more children receiving\nservices from a licensed child-placing agency or independent foster home; or be\npermitted to work in a position that involves direct contact with a person\nreceiving services without first having completed background checks pursuant to\nsubsection B unless such person is directly supervised by another person for\nwhom a background check has been completed in accordance with the requirements\nof this section.\n\nE. Notwithstanding any provision to the contrary contained in this section, a\nchild-placing agency may approve as an adoptive or foster parent an applicant\nwho has been convicted of not more than one misdemeanor offense as set out in\n§ 18.2-57, or any substantially similar offense under the laws of another\njurisdiction, not involving abuse, neglect, moral turpitude, or a minor,\nprovided that 10 years have elapsed following the conviction.\n\nF. Notwithstanding any provision to the contrary contained in this section, a\nchild-placing agency may approve as a foster parent an applicant who has been\nconvicted of statutory burglary for breaking and entering a dwelling home or\nother structure with intent to commit larceny, or any substantially similar\noffense under the laws of another jurisdiction, who has had his civil rights\nrestored by the Governor or other appropriate authority, provided that 25 years\nhave elapsed following the conviction.\n\nG. Notwithstanding any provision to the contrary contained in this section, a\nchild-placing agency may approve as an adoptive or foster parent an applicant\nconvicted of any offense set forth in clause (iv) of the definition of barrier\ncrime in § 19.2-392.02 who has had his civil rights restored by the\nGovernor or other appropriate authority, provided that 10 years have elapsed\nfollowing the conviction, or eight years have elapsed following the conviction\nand the applicant (i) has complied with all obligations imposed by the criminal\ncourt; (ii) has completed a substance abuse treatment program; (iii) has\ncompleted a drug test administered by a laboratory or medical professional\nwithin 90 days prior to being approved, and such test returned with a negative\nresult; and (iv) complies with any other obligations as determined by the\nDepartment.\n\nH. Notwithstanding any provision to the contrary contained in this section, a\nchild-placing agency may approve as an adoptive or foster parent an applicant\nconvicted of any offense set forth in clause (iii) of the definition of barrier\ncrime in § 19.2-392.02 who has had his civil rights restored by the\nGovernor or other appropriate authority, provided that 20 years have elapsed\nfollowing the conviction.\n\nI. If an applicant is denied licensure, registration or approval because of\ninformation from the central registry or convictions appearing on his criminal\nhistory record, the Commissioner shall provide a copy of the information\nobtained from the central registry or the Central Criminal Records Exchange or\nboth to the applicant.\n\nJ. 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\nHISTORY: Code 1950, \u00a7\u00a7 63-235, 63-236; 1968, cc. 578, 585, \u00a7\u00a7 63.1-198,\n63.1-199; 1975, c. 439; 1985, c. 360, \u00a7 63.1-198.1; 1986, cc. 300, 627; 1987,\ncc. 130, 131, 692, 693; 1992, c. 746; 1993, cc. 730, 742; 1995, c. 401; 1996, c.\n747; 1997, c. 427; 1998, cc. 551, 581; 1999, c. 740; 2001, c. 778; 2002, c. 747;\n2004, c. 714; 2005, cc. 610, 722, 924; 2006, c. 885; 2014, c. 129; 2015, cc.\n364, 758, 770; 2017, cc. 189, 751, 809; 2018, cc. 369, 573; 2020, cc. 860, 861.","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}}