{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1723.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1723.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1723.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1723.html"}],"law_id":76456,"edition_id":1,"section_id":76456,"structure_id":15584,"section_number":"63.2-1723","catch_line":"Child welfare agencies; criminal conviction and waiver","history":"1998, cc. 551, 581, \u00a7 63.1-198.4; 2001, c. 867; 2002, c. 747; 2015, cc. 758, 770; 2017, c. 809; 2020, cc. 860, 861.","full_text":"A\n\nAny person who seeks to operate or volunteer or work at a child welfare agency and who is disqualified because of a criminal conviction pursuant to §§ 63.2-1720 and 63.2-1721, may apply in writing for a waiver from the Commissioner. The Commissioner may grant a waiver if the Commissioner determines that (i) the person is of good moral character and reputation and (ii) the waiver would not adversely affect the safety and well-being of children in the person’s care. The Commissioner shall not grant a waiver to any person who has been convicted of any barrier crime as defined in § 19.2-392.02. The child welfare agency shall notify in writing every parent and guardian of the children in its care of any waiver granted for its operators, employees or volunteers.B\n\nThe Board shall adopt regulations to implement the provisions of this section.","order_by":null,"text":{"0":{"id":274441,"text":"Any person who seeks to operate or volunteer or work at a child welfare agency and who is disqualified because of a criminal conviction pursuant to §§ 63.2-1720 and 63.2-1721, may apply in writing for a waiver from the Commissioner. The Commissioner may grant a waiver if the Commissioner determines that (i) the person is of good moral character and reputation and (ii) the waiver would not adversely affect the safety and well-being of children in the person’s care. The Commissioner shall not grant a waiver to any person who has been convicted of any barrier crime as defined in § 19.2-392.02. The child welfare agency shall notify in writing every parent and guardian of the children in its care of any waiver granted for its operators, employees or volunteers.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274442,"text":"The Board shall adopt regulations to implement the provisions of this section.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1723\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapters 551<\/a> and 581<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 5 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 2001, chapter 867<\/a>; in 2002, chapter 747<\/a>; in 2015, chapters 758<\/a> and 770<\/a>; in 2017, chapter 809<\/a>; in 2020, chapters 860<\/a> and 861<\/a>.<\/p>","references":[{"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":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\/"}],"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\/"}],"permalink":{"id":272285,"object_type":"law","relational_id":76456,"identifier":"63.2-1723","token":"63.2\/IV\/17\/3\/63.2-1723","url":"\/63.2-1723\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1723\/","token":"63.2\/IV\/17\/3\/63.2-1723","dublin_core":{"Title":"Child welfare agencies; criminal conviction and waiver","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1723","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who seeks to operate or volunteer or work at a child<\/span> welfare agency and who is disqualified because of a criminal conviction<\/span> pursuant to §§ 63.2-1720<\/a> and 63.2-1721<\/a>, may apply in writing for a waiver<\/span> from the Commissioner<\/span>. The Commissioner<\/span> may grant a waiver<\/span> if the Commissioner<\/span> determines that (i) the person is of good moral character and reputation and (ii) the waiver<\/span> would not adversely affect the safety and well-being of children in the person’s care. The Commissioner<\/span> shall not grant a waiver<\/span> to any person who has been convicted of any barrier crime<\/span> as defined in § 19.2-392.02<\/a>. The child<\/span> welfare agency shall notify in writing every parent and guardian of the children in its care of any waiver<\/span> granted for its operators, employees or volunteers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> shall adopt regulations to implement the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHILD WELFARE AGENCIES; CRIMINAL CONVICTION AND WAIVER (\u00a7 63.2-1723)\n\nA. Any person who seeks to operate or volunteer or work at a child welfare\nagency and who is disqualified because of a criminal conviction pursuant to\n§§ 63.2-1720 and 63.2-1721, may apply in writing for a waiver from the\nCommissioner. The Commissioner may grant a waiver if the Commissioner determines\nthat (i) the person is of good moral character and reputation and (ii) the\nwaiver would not adversely affect the safety and well-being of children in the\nperson’s care. The Commissioner shall not grant a waiver to any person who\nhas been convicted of any barrier crime as defined in § 19.2-392.02. The\nchild welfare agency shall notify in writing every parent and guardian of the\nchildren in its care of any waiver granted for its operators, employees or\nvolunteers.\n\nB. The Board shall adopt regulations to implement the provisions of this\nsection.\n\nHISTORY: 1998, cc. 551, 581, \u00a7 63.1-198.4; 2001, c. 867; 2002, c. 747; 2015,\ncc. 758, 770; 2017, c. 809; 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}}