{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1726.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1726.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1726.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1726.html"}],"law_id":80180,"edition_id":1,"section_id":80180,"structure_id":15584,"section_number":"63.2-1726","catch_line":"Background check required; children’s residential facilities","history":"1994, c. 704, \u00a7 63.1-248.7:2; 1996, c. 747; 2001, c. 138; 2002, c. 747; 2007, c. 573; 2009, cc. 813, 840; 2012, c. 383; 2013, cc. 96, 181; 2016, c. 580; 2017, c. 809; 2019, cc. 100, 282.","full_text":"A\n\nAs a condition of employment, volunteering, or providing services on a regular basis, every children’s residential facility that is regulated or operated by the Departments of Social Services, Education, Military Affairs, or Behavioral Health and Developmental Services shall require any individual who (i) accepts a position of employment at such a facility, (ii) is employed by such a facility, (iii) volunteers for such a facility, or (iv) provides contractual services directly to a juvenile for such a facility to submit to fingerprinting and to provide personal descriptive information, to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. The children’s residential facility shall inform the applicant that he is entitled to obtain a copy of any background check report and to challenge the accuracy and completeness of any such report and obtain a prompt resolution before a final determination is made of the applicant’s eligibility to have responsibility for the safety and well-being of children. The applicant shall provide the children’s residential facility with a written statement or affirmation disclosing whether he has ever been convicted of or is the subject of pending charges for any offense within or outside the Commonwealth. The results of the criminal history background check must be received prior to permitting an applicant to work in the children’s residential facility.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an individual’s record or notification that no record exists, shall forward it to the state agency which operates or regulates the children’s residential facility with which the applicant is affiliated. The state agency shall, upon receipt of an applicant’s record lacking disposition data, conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data. The state agency shall report to the children’s facility whether the applicant is eligible to have responsibility for the safety and well-being of children. Except as otherwise provided in subsection B, no children’s residential facility regulated or operated by the Departments of Education, Behavioral Health and Developmental Services, Military Affairs, or Social Services shall hire for compensated employment or allow to volunteer or provide contractual services persons who have been convicted of or are the subject of pending charges for (a) any offense set forth in clause (i), (ii), (iii), or (v) of the definition of barrier crime in § 19.2-392.02 or (b) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (1) in the five years prior to the application date for employment, to be a volunteer, or to provide contractual services or (2) such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02. The provisions of this section also shall apply to residential programs established pursuant to § 16.1-309.3 for juvenile offenders cited in a complaint for intake or in a petition before the court that alleges the juvenile is delinquent or in need of services or supervision and to local secure detention facilities, provided, however, that the provisions of this section related to local secure detention facilities shall only apply to an individual who, on or after July 1, 2013, accepts a position of employment at such local secure detention facility, volunteers at such local secure detention facility on a regular basis and will be alone with a juvenile in the performance of his duties, or provides contractual services directly to a juvenile at a local secure detention facility on a regular basis and will be alone with a juvenile in the performance of his duties. The Central Criminal Records Exchange and the state or local agency that regulates or operates the local secure detention facility shall process the criminal history record information regarding such applicant in accordance with this subsection and subsection B.B\n\nNotwithstanding the provisions of subsection A, a children’s residential facility may hire for compensated employment or for volunteer or contractual service purposes persons who have been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed such offense in the scope of his employment, volunteer, or contractual services.\n\t\t\tIf the applicant is denied employment or the opportunity to volunteer or provide services at a children’s residential facility because of information appearing on his criminal history record, and the applicant disputes the information upon which the denial was based, upon written request of the applicant the state agency shall furnish the applicant the procedures for obtaining his criminal history record from the Federal Bureau of Investigation. The information provided to the children’s residential facility shall not be disseminated except as provided in this section.C\n\nThose individuals listed in clauses (i) through (iv) of subsection A also shall authorize the children’s residential facility to obtain a copy of information from the central registry maintained pursuant to § 63.2-1515 on any investigation of child abuse or neglect undertaken on him. The applicant shall provide the children’s residential facility with a written statement or affirmation disclosing whether he has ever been the subject of a founded case of child abuse or neglect within or outside the Commonwealth. The children’s residential facility shall receive the results of the central registry search prior to permitting an applicant to work. Children’s residential facilities regulated or operated by the Departments of Education; Behavioral Health and Developmental Services; Military Affairs; and Social Services shall not hire for compensated employment or allow to volunteer or provide contractual services, persons who have a founded case of child abuse or neglect. Every residential facility for juveniles which is regulated or operated by the Department of Juvenile Justice shall be authorized to obtain a copy of the information from the central registry.D\n\nThe Boards of Social Services; Education; Juvenile Justice; and Behavioral Health and Developmental Services, and the Department of Military Affairs, may adopt regulations to comply with the provisions of this section. Copies of any information received by a children’s residential facility pursuant to this section shall be available to the agency that regulates or operates such facility but shall not be disseminated further. The cost of obtaining the criminal history record and the central registry information shall be borne by the employee or volunteer unless the children’s residential facility, at its option, decides to pay the cost.","order_by":null,"text":{"0":{"id":287005,"text":"As a condition of employment, volunteering, or providing services on a regular basis, every children’s residential facility that is regulated or operated by the Departments of Social Services, Education, Military Affairs, or Behavioral Health and Developmental Services shall require any individual who (i) accepts a position of employment at such a facility, (ii) is employed by such a facility, (iii) volunteers for such a facility, or (iv) provides contractual services directly to a juvenile for such a facility to submit to fingerprinting and to provide personal descriptive information, to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. The children’s residential facility shall inform the applicant that he is entitled to obtain a copy of any background check report and to challenge the accuracy and completeness of any such report and obtain a prompt resolution before a final determination is made of the applicant’s eligibility to have responsibility for the safety and well-being of children. The applicant shall provide the children’s residential facility with a written statement or affirmation disclosing whether he has ever been convicted of or is the subject of pending charges for any offense within or outside the Commonwealth. The results of the criminal history background check must be received prior to permitting an applicant to work in the children’s residential facility.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an individual’s record or notification that no record exists, shall forward it to the state agency which operates or regulates the children’s residential facility with which the applicant is affiliated. The state agency shall, upon receipt of an applicant’s record lacking disposition data, conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data. The state agency shall report to the children’s facility whether the applicant is eligible to have responsibility for the safety and well-being of children. Except as otherwise provided in subsection B, no children’s residential facility regulated or operated by the Departments of Education, Behavioral Health and Developmental Services, Military Affairs, or Social Services shall hire for compensated employment or allow to volunteer or provide contractual services persons who have been convicted of or are the subject of pending charges for (a) any offense set forth in clause (i), (ii), (iii), or (v) of the definition of barrier crime in § 19.2-392.02 or (b) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (1) in the five years prior to the application date for employment, to be a volunteer, or to provide contractual services or (2) such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02. The provisions of this section also shall apply to residential programs established pursuant to § 16.1-309.3 for juvenile offenders cited in a complaint for intake or in a petition before the court that alleges the juvenile is delinquent or in need of services or supervision and to local secure detention facilities, provided, however, that the provisions of this section related to local secure detention facilities shall only apply to an individual who, on or after July 1, 2013, accepts a position of employment at such local secure detention facility, volunteers at such local secure detention facility on a regular basis and will be alone with a juvenile in the performance of his duties, or provides contractual services directly to a juvenile at a local secure detention facility on a regular basis and will be alone with a juvenile in the performance of his duties. The Central Criminal Records Exchange and the state or local agency that regulates or operates the local secure detention facility shall process the criminal history record information regarding such applicant in accordance with this subsection and subsection B.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":287006,"text":"Notwithstanding the provisions of subsection A, a children’s residential facility may hire for compensated employment or for volunteer or contractual service purposes persons who have been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed such offense in the scope of his employment, volunteer, or contractual services.\n\t\t\tIf the applicant is denied employment or the opportunity to volunteer or provide services at a children’s residential facility because of information appearing on his criminal history record, and the applicant disputes the information upon which the denial was based, upon written request of the applicant the state agency shall furnish the applicant the procedures for obtaining his criminal history record from the Federal Bureau of Investigation. The information provided to the children’s residential facility shall not be disseminated except as provided in this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":287007,"text":"Those individuals listed in clauses (i) through (iv) of subsection A also shall authorize the children’s residential facility to obtain a copy of information from the central registry maintained pursuant to § 63.2-1515 on any investigation of child abuse or neglect undertaken on him. The applicant shall provide the children’s residential facility with a written statement or affirmation disclosing whether he has ever been the subject of a founded case of child abuse or neglect within or outside the Commonwealth. The children’s residential facility shall receive the results of the central registry search prior to permitting an applicant to work. Children’s residential facilities regulated or operated by the Departments of Education; Behavioral Health and Developmental Services; Military Affairs; and Social Services shall not hire for compensated employment or allow to volunteer or provide contractual services, persons who have a founded case of child abuse or neglect. Every residential facility for juveniles which is regulated or operated by the Department of Juvenile Justice shall be authorized to obtain a copy of the information from the central registry.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":287008,"text":"The Boards of Social Services; Education; Juvenile Justice; and Behavioral Health and Developmental Services, and the Department of Military Affairs, may adopt regulations to comply with the provisions of this section. Copies of any information received by a children’s residential facility pursuant to this section shall be available to the agency that regulates or operates such facility but shall not be disseminated further. The cost of obtaining the criminal history record and the central registry information shall be borne by the employee or volunteer unless the children’s residential facility, at its option, decides to pay the cost.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1726\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 704<\/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 10 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 1996, chapter 747<\/a>; in 2001, chapter 138<\/a>; in 2002, chapter 747<\/a>; in 2007, chapter 573<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2012, chapter 383<\/a>; in 2013, chapters 96<\/a> and 181<\/a>; in 2016, chapter 580<\/a>; in 2017, chapter 809<\/a>; in 2019, chapters 100<\/a> and 282<\/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\/"}],"refers_to":[{"id":66406,"section_number":"16.1-309.3","catch_line":"Establishment of a community-based system of services; biennial local plan; quarterly report","order_by":null,"url":"\/16.1-309.3\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":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":272293,"object_type":"law","relational_id":80180,"identifier":"63.2-1726","token":"63.2\/IV\/17\/3\/63.2-1726","url":"\/63.2-1726\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1726\/","token":"63.2\/IV\/17\/3\/63.2-1726","dublin_core":{"Title":"Background check required; children’s residential facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1726","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As a condition of employment, volunteering, or providing services on a regular basis, every children’s residential facility that is regulated or operated by the Departments<\/span> of Social Services<\/span>, Education, Military Affairs, or Behavioral Health and Developmental Services shall require any individual who (i) accepts a position of employment at such a facility, (ii) is employed by such a facility, (iii) volunteers for such a facility, or (iv) provides contractual services directly to a juvenile for such a facility to submit to fingerprinting and to provide personal descriptive information, to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. The children’s residential facility shall inform the applicant that he is entitled to obtain a copy of any background check report and to challenge the accuracy and completeness of any such report and obtain a prompt resolution before a final determination is made of the applicant’s eligibility to have responsibility for the safety and well-being of children. The applicant shall provide the children’s residential facility with a written statement or affirmation disclosing whether he has ever been convicted of or is the subject of pending charges for any offense<\/span> within or outside the Commonwealth. The results of the criminal history background check must be received prior to permitting an applicant to work in the children’s residential facility.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an individual’s record or notification that no record exists, shall forward it to the state agency which operates or regulates the children’s residential facility with which the applicant is affiliated. The state agency shall, upon receipt of an applicant’s record lacking disposition<\/span> data, conduct research in whatever state and local recordkeeping systems are available in order<\/span> to obtain complete data. The state agency shall report to the children’s facility whether the applicant is eligible to have responsibility for the safety and well-being of children. Except as otherwise provided in subsection B, no children’s residential facility regulated or operated by the Departments<\/span> of Education, Behavioral Health and Developmental Services, Military Affairs, or Social Services<\/span> shall hire for compensated employment or allow to volunteer or provide contractual services persons who have been convicted of or are the subject of pending charges for (a) any offense<\/span> set forth in clause (i), (ii), (iii), or (v) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> or (b) any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> (1) in the five years prior to the application date for employment, to be a volunteer, or to provide contractual services or (2) such person continues on probation<\/span> or parole<\/span> or has failed to pay required court<\/span> costs for such offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>. The provisions of this section also shall apply to residential programs established pursuant to § 16.1-309.3<\/a> for juvenile offenders cited in a complaint for intake or in a petition<\/span> before the court<\/span> that alleges the juvenile is delinquent or in need of services or supervision and to local secure detention facilities, provided, however, that the provisions of this section related to local secure detention facilities shall only apply to an individual who, on or after July 1, 2013, accepts a position of employment at such local secure detention facility, volunteers at such local secure detention facility on a regular basis and will be alone with a juvenile in the performance of his duties, or provides contractual services directly to a juvenile at a local secure detention facility on a regular basis and will be alone with a juvenile in the performance of his duties. The Central Criminal Records Exchange and the state or local agency that regulates or operates the local secure detention facility shall process the criminal history record information regarding such applicant in accordance with this subsection and subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A, a children’s residential facility may hire for compensated employment or for volunteer or contractual service purposes persons who have been convicted of not more than one misdemeanor<\/span> offense<\/span> under § 18.2-57<\/a> or 18.2-57.2<\/a>, or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>, if 10 years have elapsed following the conviction<\/span>, unless the person committed such offense<\/span> in the scope of his employment, volunteer, or contractual services.\n\t\t\tIf the applicant is denied employment or the opportunity to volunteer or provide services at a children’s residential facility because of information appearing on his criminal history record, and the applicant disputes the information upon which the denial was based, upon written request of the applicant the state agency shall furnish the applicant the procedures for obtaining his criminal history record from the Federal Bureau of Investigation. The information provided to the children’s residential facility shall not be disseminated except as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Those individuals listed in clauses (i) through (iv) of subsection A also shall authorize the children’s residential facility to obtain a copy of information from the central registry maintained pursuant to § 63.2-1515<\/a> on any investigation of child<\/span> abuse or neglect undertaken on him. The applicant shall provide the children’s residential facility with a written statement or affirmation disclosing whether he has ever been the subject of a founded case of child<\/span> abuse or neglect within or outside the Commonwealth. The children’s residential facility shall receive the results of the central registry search prior to permitting an applicant to work. Children’s residential facilities regulated or operated by the Departments<\/span> of Education; Behavioral Health and Developmental Services; Military Affairs; and Social Services<\/span> shall not hire for compensated employment or allow to volunteer or provide contractual services, persons who have a founded case of child<\/span> abuse or neglect. Every residential facility for juveniles which is regulated or operated by the Department<\/span> of Juvenile Justice shall be authorized to obtain a copy of the information from the central registry. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Boards<\/span> of Social Services<\/span>; Education; Juvenile Justice; and Behavioral Health and Developmental Services, and the Department<\/span> of Military Affairs, may adopt regulations to comply with the provisions of this section. Copies of any information received by a children’s residential facility pursuant to this section shall be available to the agency that regulates or operates such facility but shall not be disseminated further. The cost of obtaining the criminal history record and the central registry information shall be borne by the employee or volunteer unless the children’s residential facility, at its option, decides to pay the cost. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBACKGROUND CHECK REQUIRED; CHILDREN’S RESIDENTIAL FACILITIES (\u00a7\n63.2-1726)\n\nA. As a condition of employment, volunteering, or providing services on a\nregular basis, every children’s residential facility that is regulated or\noperated by the Departments of Social Services, Education, Military Affairs, or\nBehavioral Health and Developmental Services shall require any individual who\n(i) accepts a position of employment at such a facility, (ii) is employed by\nsuch a facility, (iii) volunteers for such a facility, or (iv) provides\ncontractual services directly to a juvenile for such a facility to submit to\nfingerprinting and to provide personal descriptive information, to be forwarded\nalong with the applicant’s fingerprints through the Central Criminal\nRecords Exchange to the Federal Bureau of Investigation for the purpose of\nobtaining criminal history record information regarding such applicant. The\nchildren’s residential facility shall inform the applicant that he is\nentitled to obtain a copy of any background check report and to challenge the\naccuracy and completeness of any such report and obtain a prompt resolution\nbefore a final determination is made of the applicant’s eligibility to\nhave responsibility for the safety and well-being of children. The applicant\nshall provide the children’s residential facility with a written statement\nor affirmation disclosing whether he has ever been convicted of or is the\nsubject of pending charges for any offense within or outside the Commonwealth.\nThe results of the criminal history background check must be received prior to\npermitting an applicant to work in the children’s residential facility.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an individual’s\nrecord or notification that no record exists, shall forward it to the state\nagency which operates or regulates the children’s residential facility\nwith which the applicant is affiliated. The state agency shall, upon receipt of\nan applicant’s record lacking disposition data, conduct research in\nwhatever state and local recordkeeping systems are available in order to obtain\ncomplete data. The state agency shall report to the children’s facility\nwhether the applicant is eligible to have responsibility for the safety and\nwell-being of children. Except as otherwise provided in subsection B, no\nchildren’s residential facility regulated or operated by the Departments\nof Education, Behavioral Health and Developmental Services, Military Affairs, or\nSocial Services shall hire for compensated employment or allow to volunteer or\nprovide contractual services persons who have been convicted of or are the\nsubject of pending charges for (a) any offense set forth in clause (i), (ii),\n(iii), or (v) of the definition of barrier crime in § 19.2-392.02 or (b)\nany offense set forth in clause (iv) of the definition of barrier crime in\n§ 19.2-392.02 (1) in the five years prior to the application date for\nemployment, to be a volunteer, or to provide contractual services or (2) such\nperson continues on probation or parole or has failed to pay required court\ncosts for such offense set forth in clause (iv) of the definition of barrier\ncrime in § 19.2-392.02. The provisions of this section also shall apply to\nresidential programs established pursuant to § 16.1-309.3 for juvenile\noffenders cited in a complaint for intake or in a petition before the court that\nalleges the juvenile is delinquent or in need of services or supervision and to\nlocal secure detention facilities, provided, however, that the provisions of\nthis section related to local secure detention facilities shall only apply to an\nindividual who, on or after July 1, 2013, accepts a position of employment at\nsuch local secure detention facility, volunteers at such local secure detention\nfacility on a regular basis and will be alone with a juvenile in the performance\nof his duties, or provides contractual services directly to a juvenile at a\nlocal secure detention facility on a regular basis and will be alone with a\njuvenile in the performance of his duties. The Central Criminal Records Exchange\nand the state or local agency that regulates or operates the local secure\ndetention facility shall process the criminal history record information\nregarding such applicant in accordance with this subsection and subsection B.\n\nB. Notwithstanding the provisions of subsection A, a children’s\nresidential facility may hire for compensated employment or for volunteer or\ncontractual service purposes persons who have been convicted of not more than\none misdemeanor offense under § 18.2-57 or 18.2-57.2, or any substantially\nsimilar offense under the laws of another jurisdiction, if 10 years have elapsed\nfollowing the conviction, unless the person committed such offense in the scope\nof his employment, volunteer, or contractual services.\n\t\t\tIf the applicant is denied employment or the opportunity to volunteer or\nprovide services at a children’s residential facility because of\ninformation appearing on his criminal history record, and the applicant disputes\nthe information upon which the denial was based, upon written request of the\napplicant the state agency shall furnish the applicant the procedures for\nobtaining his criminal history record from the Federal Bureau of Investigation.\nThe information provided to the children’s residential facility shall not\nbe disseminated except as provided in this section.\n\nC. Those individuals listed in clauses (i) through (iv) of subsection A also\nshall authorize the children’s residential facility to obtain a copy of\ninformation from the central registry maintained pursuant to § 63.2-1515 on\nany investigation of child abuse or neglect undertaken on him. The applicant\nshall provide the children’s residential facility with a written statement\nor affirmation disclosing whether he has ever been the subject of a founded case\nof child abuse or neglect within or outside the Commonwealth. The\nchildren’s residential facility shall receive the results of the central\nregistry search prior to permitting an applicant to work. Children’s\nresidential facilities regulated or operated by the Departments of Education;\nBehavioral Health and Developmental Services; Military Affairs; and Social\nServices shall not hire for compensated employment or allow to volunteer or\nprovide contractual services, persons who have a founded case of child abuse or\nneglect. Every residential facility for juveniles which is regulated or operated\nby the Department of Juvenile Justice shall be authorized to obtain a copy of\nthe information from the central registry.\n\nD. The Boards of Social Services; Education; Juvenile Justice; and Behavioral\nHealth and Developmental Services, and the Department of Military Affairs, may\nadopt regulations to comply with the provisions of this section. Copies of any\ninformation received by a children’s residential facility pursuant to this\nsection shall be available to the agency that regulates or operates such\nfacility but shall not be disseminated further. The cost of obtaining the\ncriminal history record and the central registry information shall be borne by\nthe employee or volunteer unless the children’s residential facility, at\nits option, decides to pay the cost.\n\nHISTORY: 1994, c. 704, \u00a7 63.1-248.7:2; 1996, c. 747; 2001, c. 138; 2002, c.\n747; 2007, c. 573; 2009, cc. 813, 840; 2012, c. 383; 2013, cc. 96, 181; 2016, c.\n580; 2017, c. 809; 2019, cc. 100, 282.","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}}