{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1722.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1722.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1722.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1722.html"}],"law_id":86252,"edition_id":1,"section_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","history":"Code 1950, \u00a7 63-235; 1968, cc. 578, \u00a7 63.1-198, 585; 1975, c. 439; 1985, c. 360; 1992, c. 746; 1993, cc. 730, 742; 1995, c. 401; 1996, c. 747; 1997, c. 427; 1998, cc. 551, 581; 2002, c. 747; 2015, cc. 758, 770; 2017, cc. 189, 751, 809; 2020, cc. 860, 861; 2024, cc. 37, 150.","full_text":"A\n\nThe Commissioner may revoke or deny renewal of a license of a child welfare agency, assisted living facility, or adult day center and a child-placing agency may revoke the approval of a foster home if the assisted living facility, adult day center, child welfare agency, or foster home has knowledge that a person specified in § 63.2-1720 or 63.2-1721 required to have a background check (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) in the case of a child welfare agency or foster home, 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 the exceptions in subsection B of § 63.2-1720 or subsection E, F, G, or H of § 63.2-1721, and the facility, center, or agency refuses to separate such person from employment or service or allows the household member to continue to reside in the home.B\n\nFailure to obtain background checks pursuant to §§ 63.2-1720 and 63.2-1721 shall be grounds for denial, revocation, or termination of a license, registration, or approval or any contract with the Department or a local department to provide child care services to clients of the Department or local department. No violation shall occur if the assisted living facility, adult day center, child-placing agency, or independent foster home has applied for the background check timely and it has not been obtained due to administrative delay. The provisions of this section shall be enforced by the Department.","order_by":null,"text":{"0":{"id":308937,"text":"The Commissioner may revoke or deny renewal of a license of a child welfare agency, assisted living facility, or adult day center and a child-placing agency may revoke the approval of a foster home if the assisted living facility, adult day center, child welfare agency, or foster home has knowledge that a person specified in § 63.2-1720 or 63.2-1721 required to have a background check (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) in the case of a child welfare agency or foster home, 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 the exceptions in subsection B of § 63.2-1720 or subsection E, F, G, or H of § 63.2-1721, and the facility, center, or agency refuses to separate such person from employment or service or allows the household member to continue to reside in the home.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":308938,"text":"Failure to obtain background checks pursuant to §§ 63.2-1720 and 63.2-1721 shall be grounds for denial, revocation, or termination of a license, registration, or approval or any contract with the Department or a local department to provide child care services to clients of the Department or local department. No violation shall occur if the assisted living facility, adult day center, child-placing agency, or independent foster home has applied for the background check timely and it has not been obtained due to administrative delay. The provisions of this section shall be enforced by the Department.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1722\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 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, chapter 578; in 1975, chapter 439; in 1985, chapter 360; 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 2002, chapter 747<\/a>; in 2015, chapters 758<\/a> and 770<\/a>; in 2017, chapters 189<\/a>, 751<\/a>, and 809<\/a>; in 2020, chapters 860<\/a> and 861<\/a>; in 2024, chapters 37<\/a> and 150<\/a>.<\/p>","references":false,"refers_to":[{"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":72022,"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","order_by":null,"url":"\/63.2-1720\/"},{"id":81967,"section_number":"63.2-1721","catch_line":"Background check upon application for licensure as a child-placing agency, etc.; penalty","order_by":null,"url":"\/63.2-1721\/"},{"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":272281,"object_type":"law","relational_id":86252,"identifier":"63.2-1722","token":"63.2\/IV\/17\/3\/63.2-1722","url":"\/63.2-1722\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1722\/","token":"63.2\/IV\/17\/3\/63.2-1722","dublin_core":{"Title":"Revocation or denial of renewal based on background checks; failure to obtain background check","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1722","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> may revoke or deny renewal of a license of a child<\/span> welfare agency, assisted living facility<\/span>, or adult day center<\/span> and a child<\/span>-placing agency<\/span> may revoke the approval of a foster home<\/span> if the assisted living facility<\/span>, adult day center<\/span>, child<\/span> welfare agency, or foster home<\/span> has knowledge that a person specified in § 63.2-1720<\/a> or 63.2-1721<\/a> 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) in the case of a child<\/span> welfare agency or foster home<\/span>, 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 the exceptions in subsection B of § 63.2-1720<\/a> or subsection E, F, G, or H of § 63.2-1721<\/a>, and the facility, center, or agency refuses to separate such person from employment or service or allows the household member to continue to reside in the home. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Failure to obtain background checks pursuant to §§ 63.2-1720<\/a> and 63.2-1721<\/a> shall be grounds for denial, revocation<\/span>, or termination of a license, registration, or approval or any contract<\/span> with the Department or a local department<\/span> to provide child<\/span> care services to clients of the Department or local department<\/span>. No violation shall occur if the assisted living facility<\/span>, adult day center<\/span>, child<\/span>-placing agency<\/span>, or independent foster home<\/span> has applied for the background check timely and it has not been obtained due to administrative delay. The provisions of this section shall be enforced by the Department. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION OR DENIAL OF RENEWAL BASED ON BACKGROUND CHECKS; FAILURE TO OBTAIN\nBACKGROUND CHECK (\u00a7 63.2-1722)\n\nA. The Commissioner may revoke or deny renewal of a license of a child welfare\nagency, assisted living facility, or adult day center and a child-placing agency\nmay revoke the approval of a foster home if the assisted living facility, adult\nday center, child welfare agency, or foster home has knowledge that a person\nspecified in § 63.2-1720 or 63.2-1721 required to have a background check\n(i) has been convicted of any barrier crime as defined in § 19.2-392.02 or\n(ii) in the case of a child welfare agency or foster home, 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 the exceptions in subsection B of §\n63.2-1720 or subsection E, F, G, or H of § 63.2-1721, and the facility,\ncenter, or agency refuses to separate such person from employment or service or\nallows the household member to continue to reside in the home.\n\nB. Failure to obtain background checks pursuant to §§ 63.2-1720 and\n63.2-1721 shall be grounds for denial, revocation, or termination of a license,\nregistration, or approval or any contract with the Department or a local\ndepartment to provide child care services to clients of the Department or local\ndepartment. No violation shall occur if the assisted living facility, adult day\ncenter, child-placing agency, or independent foster home has applied for the\nbackground check timely and it has not been obtained due to administrative\ndelay. The provisions of this section shall be enforced by the Department.\n\nHISTORY: Code 1950, \u00a7 63-235; 1968, cc. 578, \u00a7 63.1-198, 585; 1975, c. 439;\n1985, c. 360; 1992, c. 746; 1993, cc. 730, 742; 1995, c. 401; 1996, c. 747;\n1997, c. 427; 1998, cc. 551, 581; 2002, c. 747; 2015, cc. 758, 770; 2017, cc.\n189, 751, 809; 2020, cc. 860, 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}}