{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-901.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-901.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-901.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-901.1.html"}],"law_id":81648,"edition_id":1,"section_id":81648,"structure_id":14390,"section_number":"63.2-901.1","catch_line":"Criminal history and central registry check for placements of children","history":"2002, cc. 587, 606, \u00a7 63.1-56.01; 2005, c. 722; 2006, c. 558; 2007, cc. 606, 617, 623, 871; 2011, cc. 5, 156; 2012, c. 568; 2017, cc. 194, 809; 2024, c. 529.","full_text":"A\n\nEach local board and licensed child-placing agency shall obtain, in accordance with regulations adopted by the Board, criminal history record information from the Central Criminal Records Exchange and the Federal Bureau of Investigation through the Central Criminal Records Exchange and the results of a search of the child abuse and neglect central registry of any individual with whom the local board or licensed child-placing agency is considering placing a child on an emergency, temporary or permanent basis, including the birth parent of a child in foster care placement, unless the birth parent has revoked an entrustment agreement pursuant to § 63.2-1223 or 63.2-1817 or a local board or birth parent revokes a placement agreement while legal custody remains with the parent, parents, or guardians pursuant to § 63.2-900. The local board or licensed child-placing agency shall also obtain such background checks on all adult household members residing in the home of the individual with whom the child is to be placed pursuant to subsection B. Such state criminal records or registry search shall be at no cost to the individual. The local board or licensed child-placing agency shall pay for the national fingerprint criminal history record check or may require such individual to pay the cost of the fingerprinting or the national fingerprinting criminal history record check or both. In addition to the fees assessed by the Federal Bureau of Investigation, the designated state agency may assess a fee for responding to requests required by this section.B\n\nBackground checks pursuant to this section require the following:1\n\nA sworn statement or affirmation disclosing whether or not the individual has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and whether or not the individual has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;2\n\nThat the individual submit to fingerprinting and provide personal descriptive information to be forwarded along with the individual’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information. The local board or licensed child-placing agency shall inform the individual 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 decision is made of the individual’s fitness to have responsibility for the safety and well-being of children.\n\t\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 designated state agency. The state agency shall, upon receipt of an individual’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 local board or licensed child-placing agency whether the individual meets the criteria for having responsibility for the safety and well-being of children based on whether or not the individual has ever been convicted of or is the subject of pending charges for any barrier crime as defined in § 19.2-392.02. Copies of any information received by a local board or licensed child-placing agency pursuant to this section shall be available to the state agency that regulates or operates such a child-placing agency but shall not be disseminated further; and3\n\nA search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse or neglect. In addition, a search of the child abuse and neglect registry maintained by any other state pursuant to the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248, in which a prospective parent or other adult in the home has resided in the preceding five years.C\n\nIn emergency circumstances, each local board may obtain, from a criminal justice agency, criminal history record information from the Central Criminal Records Exchange and the Federal Bureau of Investigation through the Virginia Criminal Information Network (VCIN) for the criminal records search authorized by this section. Within three days of placing a child, the local board shall require the individual for whom a criminal history record information check was requested to submit to fingerprinting and provide personal descriptive information to be forwarded along with the fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal record history information, pursuant to subsection B. The child shall be removed from the home immediately if any adult resident fails to provide such fingerprints and written permission to perform a criminal history record check when requested.D\n\nAny individual with whom the local board is considering placing a child on an emergency basis shall submit to a search of the central registry maintained pursuant to § 63.2-1515 and the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248 for any founded complaint of child abuse or neglect. The search of the central registry must occur prior to emergency placement. Such central registry search shall be at no cost to the individual. Prior to emergency placement, the individual shall provide a written statement of affirmation disclosing whether he has ever been the subject of a founded case of child abuse or neglect within or outside the Commonwealth. Child-placing agencies shall not approve individuals with a founded complaint of child abuse as foster or adoptive parents.E\n\nThe child-placing agency shall not approve a foster or adoptive home if any individual has been convicted of any barrier crime as defined in § 19.2-392.02 or is the subject of a founded complaint of abuse or neglect as maintained in registries pursuant to § 63.2-1515 and 42 U.S.C.S. 16901 et seq. A child-placing agency may approve as a foster parent an applicant who has been convicted of not more than one misdemeanor as set out in § 18.2-57, or any substantially similar offense under the laws of another jurisdiction, not involving the abuse, neglect, or moral turpitude of a minor, provided that 10 years have elapsed following the conviction.F\n\nA local board or child-placing agency may approve as a kinship foster care parent an applicant who has been convicted of the following offenses, provided that the local board or child-placing agency makes a specific finding that approving the kinship foster care placement would not adversely affect the safety and well-being of the child: (i) any offense set forth in the definition of barrier crime in § 19.2-392.02 clause (iv), provided that five years have elapsed from the date of the conviction; (ii) any misdemeanor offense under § 18.2-57 or 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, not involving a minor, provided that five years have elapsed from the date of the conviction; or (iii) any misdemeanor offense under § 18.2-80, 18.2-81, 18.2-83, 18.2-87, 18.2-87.1, or 18.2-88 or any substantially similar offense under the laws of another jurisdiction provided that 10 years have elapsed from the date of the conviction.G\n\nAny individual participating in the Fostering Futures program, which allows local departments to continue to provide foster care services to individuals who are 18 years of age or older but have not reached 21 years of age, who is placed in a foster home shall be subject to the background check requirements set forth in subsection B. The results of such background check shall be used for the sole purpose of determining whether other children should be placed or remain in the same foster home as the individual subject to the background check. The results of the background check shall not be used to terminate or suspend the approval of the foster home pursuant to subsection E. For purposes of this subsection, “individual participating in the Fostering Futures program” means a person who is 18 years of age or older but has not reached 21 years of age and is receiving foster care services through the Fostering Futures program.","order_by":null,"text":{"0":{"id":292426,"text":"Each local board and licensed child-placing agency shall obtain, in accordance with regulations adopted by the Board, criminal history record information from the Central Criminal Records Exchange and the Federal Bureau of Investigation through the Central Criminal Records Exchange and the results of a search of the child abuse and neglect central registry of any individual with whom the local board or licensed child-placing agency is considering placing a child on an emergency, temporary or permanent basis, including the birth parent of a child in foster care placement, unless the birth parent has revoked an entrustment agreement pursuant to § 63.2-1223 or 63.2-1817 or a local board or birth parent revokes a placement agreement while legal custody remains with the parent, parents, or guardians pursuant to § 63.2-900. The local board or licensed child-placing agency shall also obtain such background checks on all adult household members residing in the home of the individual with whom the child is to be placed pursuant to subsection B. Such state criminal records or registry search shall be at no cost to the individual. The local board or licensed child-placing agency shall pay for the national fingerprint criminal history record check or may require such individual to pay the cost of the fingerprinting or the national fingerprinting criminal history record check or both. In addition to the fees assessed by the Federal Bureau of Investigation, the designated state agency may assess a fee for responding to requests required by this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292427,"text":"Background checks pursuant to this section require the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":292428,"text":"A sworn statement or affirmation disclosing whether or not the individual has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and whether or not the individual 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":292429,"text":"That the individual submit to fingerprinting and provide personal descriptive information to be forwarded along with the individual’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information. The local board or licensed child-placing agency shall inform the individual 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 decision is made of the individual’s fitness to have responsibility for the safety and well-being of children.\n\t\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 designated state agency. The state agency shall, upon receipt of an individual’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 local board or licensed child-placing agency whether the individual meets the criteria for having responsibility for the safety and well-being of children based on whether or not the individual has ever been convicted of or is the subject of pending charges for any barrier crime as defined in § 19.2-392.02. Copies of any information received by a local board or licensed child-placing agency pursuant to this section shall be available to the state agency that regulates or operates such a child-placing agency but shall not be disseminated further; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":292430,"text":"A search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse or neglect. In addition, a search of the child abuse and neglect registry maintained by any other state pursuant to the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248, in which a prospective parent or other adult in the home has resided in the preceding five years.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":292431,"text":"In emergency circumstances, each local board may obtain, from a criminal justice agency, criminal history record information from the Central Criminal Records Exchange and the Federal Bureau of Investigation through the Virginia Criminal Information Network (VCIN) for the criminal records search authorized by this section. Within three days of placing a child, the local board shall require the individual for whom a criminal history record information check was requested to submit to fingerprinting and provide personal descriptive information to be forwarded along with the fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal record history information, pursuant to subsection B. The child shall be removed from the home immediately if any adult resident fails to provide such fingerprints and written permission to perform a criminal history record check when requested.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":292432,"text":"Any individual with whom the local board is considering placing a child on an emergency basis shall submit to a search of the central registry maintained pursuant to § 63.2-1515 and the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248 for any founded complaint of child abuse or neglect. The search of the central registry must occur prior to emergency placement. Such central registry search shall be at no cost to the individual. Prior to emergency placement, the individual shall provide a written statement of affirmation disclosing whether he has ever been the subject of a founded case of child abuse or neglect within or outside the Commonwealth. Child-placing agencies shall not approve individuals with a founded complaint of child abuse as foster or adoptive parents.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":292433,"text":"The child-placing agency shall not approve a foster or adoptive home if any individual has been convicted of any barrier crime as defined in § 19.2-392.02 or is the subject of a founded complaint of abuse or neglect as maintained in registries pursuant to § 63.2-1515 and 42 U.S.C.S. 16901 et seq. A child-placing agency may approve as a foster parent an applicant who has been convicted of not more than one misdemeanor as set out in § 18.2-57, or any substantially similar offense under the laws of another jurisdiction, not involving the abuse, neglect, or moral turpitude of 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":292434,"text":"A local board or child-placing agency may approve as a kinship foster care parent an applicant who has been convicted of the following offenses, provided that the local board or child-placing agency makes a specific finding that approving the kinship foster care placement would not adversely affect the safety and well-being of the child: (i) any offense set forth in the definition of barrier crime in § 19.2-392.02 clause (iv), provided that five years have elapsed from the date of the conviction; (ii) any misdemeanor offense under § 18.2-57 or 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, not involving a minor, provided that five years have elapsed from the date of the conviction; or (iii) any misdemeanor offense under § 18.2-80, 18.2-81, 18.2-83, 18.2-87, 18.2-87.1, or 18.2-88 or any substantially similar offense under the laws of another jurisdiction provided that 10 years have elapsed from the date of the conviction.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":292435,"text":"Any individual participating in the Fostering Futures program, which allows local departments to continue to provide foster care services to individuals who are 18 years of age or older but have not reached 21 years of age, who is placed in a foster home shall be subject to the background check requirements set forth in subsection B. The results of such background check shall be used for the sole purpose of determining whether other children should be placed or remain in the same foster home as the individual subject to the background check. The results of the background check shall not be used to terminate or suspend the approval of the foster home pursuant to subsection E. For purposes of this subsection, “individual participating in the Fostering Futures program” means a person who is 18 years of age or older but has not reached 21 years of age and is receiving foster care services through the Fostering Futures program.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14390,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14389,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":271971,"object_type":"structure","relational_id":14390,"identifier":"1","token":"63.2\/III\/9\/1","url":"\/63.2\/III\/9\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14389,"edition_id":1,"name":"Foster Care","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":271969,"object_type":"structure","relational_id":14389,"identifier":"9","token":"63.2\/III\/9","url":"\/63.2\/III\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","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":87280,"structure_id":14390,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","url":"\/63.2-900\/","token":"63.2\/III\/9\/1\/63.2-900","metadata":false},{"id":64851,"structure_id":14390,"section_number":"63.2-900.1","catch_line":"Kinship foster care","url":"\/63.2-900.1\/","token":"63.2\/III\/9\/1\/63.2-900.1","metadata":false},{"id":70505,"structure_id":14390,"section_number":"63.2-900.2","catch_line":"Placement of sibling groups; visitation","url":"\/63.2-900.2\/","token":"63.2\/III\/9\/1\/63.2-900.2","metadata":false},{"id":76064,"structure_id":14390,"section_number":"63.2-900.3","catch_line":"School placement of children in foster care","url":"\/63.2-900.3\/","token":"63.2\/III\/9\/1\/63.2-900.3","metadata":false},{"id":72206,"structure_id":14390,"section_number":"63.2-901","catch_line":"Supervision of placement of children in homes","url":"\/63.2-901\/","token":"63.2\/III\/9\/1\/63.2-901","metadata":false},{"id":81648,"structure_id":14390,"section_number":"63.2-901.1","catch_line":"Criminal history and central registry check for placements of children","url":"\/63.2-901.1\/","token":"63.2\/III\/9\/1\/63.2-901.1","metadata":false},{"id":70305,"structure_id":14390,"section_number":"63.2-902","catch_line":"Agreements with persons taking children; dispute resolution; appeals","url":"\/63.2-902\/","token":"63.2\/III\/9\/1\/63.2-902","metadata":false},{"id":83322,"structure_id":14390,"section_number":"63.2-903","catch_line":"Entrustment agreements; adoption","url":"\/63.2-903\/","token":"63.2\/III\/9\/1\/63.2-903","metadata":false},{"id":76669,"structure_id":14390,"section_number":"63.2-904","catch_line":"Investigation, visitation, and supervision of foster homes or independent living arrangement; removal of child","url":"\/63.2-904\/","token":"63.2\/III\/9\/1\/63.2-904","metadata":false},{"id":55728,"structure_id":14390,"section_number":"63.2-904.1","catch_line":"Intervention by Commissioner; corrective action plans; assumption of temporary control","url":"\/63.2-904.1\/","token":"63.2\/III\/9\/1\/63.2-904.1","metadata":false},{"id":63460,"structure_id":14390,"section_number":"63.2-904.2","catch_line":"Complaint system","url":"\/63.2-904.2\/","token":"63.2\/III\/9\/1\/63.2-904.2","metadata":false},{"id":72819,"structure_id":14390,"section_number":"63.2-905","catch_line":"Foster care services","url":"\/63.2-905\/","token":"63.2\/III\/9\/1\/63.2-905","metadata":false},{"id":63664,"structure_id":14390,"section_number":"63.2-905.1","catch_line":"Independent living services","url":"\/63.2-905.1\/","token":"63.2\/III\/9\/1\/63.2-905.1","metadata":false},{"id":76451,"structure_id":14390,"section_number":"63.2-905.1:1","catch_line":" Housing services","url":"\/63.2-905.1_1\/","token":"63.2\/III\/9\/1\/63.2-905.1_1","metadata":false},{"id":59769,"structure_id":14390,"section_number":"63.2-905.2","catch_line":"Security freezes and annual credit checks for children in foster care","url":"\/63.2-905.2\/","token":"63.2\/III\/9\/1\/63.2-905.2","metadata":false},{"id":58742,"structure_id":14390,"section_number":"63.2-905.3","catch_line":"Documents provided to foster care youth","url":"\/63.2-905.3\/","token":"63.2\/III\/9\/1\/63.2-905.3","metadata":false},{"id":76193,"structure_id":14390,"section_number":"63.2-905.4","catch_line":"Individuals in foster care on eighteenth birthday; enrollment in Commonwealth's program of medical assistance","url":"\/63.2-905.4\/","token":"63.2\/III\/9\/1\/63.2-905.4","metadata":false},{"id":56947,"structure_id":14390,"section_number":"63.2-905.5","catch_line":"Survey of children aging out of foster care","url":"\/63.2-905.5\/","token":"63.2\/III\/9\/1\/63.2-905.5","metadata":false},{"id":73230,"structure_id":14390,"section_number":"63.2-905.6","catch_line":"Notice of eligibility for certain federal benefits","url":"\/63.2-905.6\/","token":"63.2\/III\/9\/1\/63.2-905.6","metadata":false},{"id":80427,"structure_id":14390,"section_number":"63.2-906","catch_line":"Foster care plans; permissible plan goals; court review of foster children","url":"\/63.2-906\/","token":"63.2\/III\/9\/1\/63.2-906","metadata":false},{"id":86904,"structure_id":14390,"section_number":"63.2-906.1","catch_line":"Qualified residential treatment programs","url":"\/63.2-906.1\/","token":"63.2\/III\/9\/1\/63.2-906.1","metadata":false},{"id":81818,"structure_id":14390,"section_number":"63.2-907","catch_line":"Administrative review of children in foster care","url":"\/63.2-907\/","token":"63.2\/III\/9\/1\/63.2-907","metadata":false},{"id":83951,"structure_id":14390,"section_number":"63.2-908","catch_line":"Permanent foster care placement","url":"\/63.2-908\/","token":"63.2\/III\/9\/1\/63.2-908","metadata":false},{"id":59063,"structure_id":14390,"section_number":"63.2-909","catch_line":"Child support for child placed in foster care by court","url":"\/63.2-909\/","token":"63.2\/III\/9\/1\/63.2-909","metadata":false},{"id":63433,"structure_id":14390,"section_number":"63.2-910","catch_line":"Child support for child placed in foster care where legal custody remains with parent or guardian","url":"\/63.2-910\/","token":"63.2\/III\/9\/1\/63.2-910","metadata":false},{"id":60943,"structure_id":14390,"section_number":"63.2-910.1","catch_line":"Acceptance of children by local departments of social services","url":"\/63.2-910.1\/","token":"63.2\/III\/9\/1\/63.2-910.1","metadata":false},{"id":56471,"structure_id":14390,"section_number":"63.2-910.2","catch_line":"Petition to terminate parental rights","url":"\/63.2-910.2\/","token":"63.2\/III\/9\/1\/63.2-910.2","metadata":false},{"id":68598,"structure_id":14390,"section_number":"63.2-911","catch_line":"Liability insurance for foster parents","url":"\/63.2-911\/","token":"63.2\/III\/9\/1\/63.2-911","metadata":false},{"id":82345,"structure_id":14390,"section_number":"63.2-912","catch_line":"Visitation of child placed in foster care","url":"\/63.2-912\/","token":"63.2\/III\/9\/1\/63.2-912","metadata":false},{"id":75827,"structure_id":14390,"section_number":"63.2-912.1","catch_line":"Notification of certain rights of foster parents of public school students","url":"\/63.2-912.1\/","token":"63.2\/III\/9\/1\/63.2-912.1","metadata":false},{"id":65725,"structure_id":14390,"section_number":"63.2-913","catch_line":"Establishment of minimum training requirements","url":"\/63.2-913\/","token":"63.2\/III\/9\/1\/63.2-913","metadata":false},{"id":57259,"structure_id":14390,"section_number":"63.2-913.1","catch_line":"Caseload standard","url":"\/63.2-913.1\/","token":"63.2\/III\/9\/1\/63.2-913.1","metadata":false},{"id":80392,"structure_id":14390,"section_number":"63.2-914","catch_line":"Not in effect","url":"\/63.2-914\/","token":"63.2\/III\/9\/1\/63.2-914","metadata":false},{"id":61194,"structure_id":14390,"section_number":"63.2-915","catch_line":"Appeals to Commissioner","url":"\/63.2-915\/","token":"63.2\/III\/9\/1\/63.2-915","metadata":false},{"id":57653,"structure_id":14390,"section_number":"63.2-916","catch_line":"Notice of developmental disabilities","url":"\/63.2-916\/","token":"63.2\/III\/9\/1\/63.2-916","metadata":false}],"previous_section":{"id":72206,"structure_id":14390,"section_number":"63.2-901","catch_line":"Supervision of placement of children in homes","url":"\/63.2-901\/","token":"63.2\/III\/9\/1\/63.2-901","metadata":false},"next_section":{"id":70305,"structure_id":14390,"section_number":"63.2-902","catch_line":"Agreements with persons taking children; dispute resolution; appeals","url":"\/63.2-902\/","token":"63.2\/III\/9\/1\/63.2-902","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-901.1\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapters 587<\/a> and 606<\/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 7 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 2005, chapter 722<\/a>; in 2006, chapter 558<\/a>; in 2007, chapters 606<\/a>, 617<\/a>, 623<\/a>, and 871<\/a>; in 2011, chapters 5<\/a> and 156<\/a>; in 2012, chapter 568<\/a>; in 2017, chapters 194<\/a> and 809<\/a>; in 2024, chapter 529<\/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\/"}],"refers_to":[{"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":54834,"section_number":"18.2-80","catch_line":"Burning or destroying any other building or structure","order_by":null,"url":"\/18.2-80\/"},{"id":65432,"section_number":"18.2-81","catch_line":"Burning or destroying personal property, standing grain, etc","order_by":null,"url":"\/18.2-81\/"},{"id":65236,"section_number":"18.2-83","catch_line":"Threats to bomb, damage, or discharge a firearm within or at buildings or means of transportation; false information as to danger to such buildings, etc.; punishment; venue","order_by":null,"url":"\/18.2-83\/"},{"id":83992,"section_number":"18.2-87","catch_line":"Setting woods, etc., on fire intentionally whereby another is damaged or jeopardized","order_by":null,"url":"\/18.2-87\/"},{"id":78938,"section_number":"18.2-87.1","catch_line":"Setting off chemical bombs capable of producing smoke in certain public buildings","order_by":null,"url":"\/18.2-87.1\/"},{"id":76729,"section_number":"18.2-88","catch_line":"Carelessly damaging property by fire","order_by":null,"url":"\/18.2-88\/"},{"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":66503,"section_number":"63.2-1223","catch_line":"Revocation of entrustment agreement","order_by":null,"url":"\/63.2-1223\/"},{"id":67092,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","order_by":null,"url":"\/63.2-1515\/"},{"id":64749,"section_number":"63.2-1817","catch_line":"Acceptance and control over children by licensed child-placing agency, children's residential facility or independent foster home","order_by":null,"url":"\/63.2-1817\/"},{"id":87280,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","order_by":null,"url":"\/63.2-900\/"}],"permalink":{"id":271993,"object_type":"law","relational_id":81648,"identifier":"63.2-901.1","token":"63.2\/III\/9\/1\/63.2-901.1","url":"\/63.2-901.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-901.1\/","token":"63.2\/III\/9\/1\/63.2-901.1","dublin_core":{"Title":"Criminal history and central registry check for placements of children","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-901.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each local board<\/span> and licensed child<\/span>-placing agency<\/span> shall obtain, in accordance with regulations adopted by the Board, criminal history record information from the Central Criminal Records Exchange and the Federal Bureau of Investigation through the Central Criminal Records Exchange and the results of a search of the child<\/span> abuse and neglect central registry of any individual with whom the local board<\/span> or licensed child<\/span>-placing agency<\/span> is considering placing a child<\/span> on an emergency, temporary or permanent basis, including the birth parent<\/span> of a child<\/span> in foster care placement<\/span>, unless the birth parent<\/span> has revoked an entrustment agreement pursuant to § 63.2-1223<\/a> or 63.2-1817<\/a> or a local board<\/span> or birth parent<\/span> revokes a placement agreement while legal custody<\/span> remains with the parent, parents, or guardians pursuant to § 63.2-900<\/a>. The local board<\/span> or licensed child<\/span>-placing agency<\/span> shall also obtain such background checks on all adult household members residing in the home of the individual with whom the child<\/span> is to be placed pursuant to subsection B. Such state criminal records or registry search shall be at no cost to the individual. The local board<\/span> or licensed child<\/span>-placing agency<\/span> shall pay for the national fingerprint criminal history record check or may require such individual to pay the cost of the fingerprinting or the national fingerprinting criminal history record check or both. In addition to the fees assessed by the Federal Bureau of Investigation, the designated state agency may assess a fee for responding to requests required by this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Background checks pursuant to this section require the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A sworn statement or affirmation disclosing whether or not the individual has a criminal conviction<\/span> or is the subject of any pending criminal charges within or outside the Commonwealth and whether or not the individual 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> That the individual submit to fingerprinting and provide personal descriptive information to be forwarded along with the individual’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information. The local board<\/span> or licensed child<\/span>-placing agency<\/span> shall inform the individual 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 decision is made of the individual’s fitness to have responsibility for the safety and well-being of children.\n\t\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 designated state agency. The state agency shall, upon receipt of an individual’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 local board<\/span> or licensed child<\/span>-placing agency<\/span> whether the individual meets the criteria for having responsibility for the safety and well-being of children based on whether or not the individual has ever been convicted of or is the subject of pending charges for any barrier crime<\/span> as defined in § 19.2-392.02<\/a>. Copies of any information received by a local board<\/span> or licensed child<\/span>-placing agency<\/span> pursuant to this section shall be available to the state agency that regulates or operates such a child<\/span>-placing agency<\/span> but shall not be disseminated further; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A search of the central registry maintained pursuant to § 63.2-1515<\/a> for any founded complaint of child<\/span> abuse or neglect. In addition, a search of the child<\/span> abuse and neglect registry maintained by any other state pursuant to the Adam Walsh Child<\/span> Protection and Safety Act of 2006, Pub. L. 109-248, in which a prospective parent or other adult in the home has resided in the preceding five years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In emergency circumstances, each local board<\/span> may obtain, from a criminal justice agency, criminal history record information from the Central Criminal Records Exchange and the Federal Bureau of Investigation through the Virginia Criminal Information Network (VCIN) for the criminal records search authorized by this section. Within three days of placing a child<\/span>, the local board<\/span> shall require the individual for whom a criminal history record information check was requested to submit to fingerprinting and provide personal descriptive information to be forwarded along with the fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal record history information, pursuant to subsection B. The child<\/span> shall be removed from the home immediately if any adult resident fails to provide such fingerprints and written permission to perform a criminal history record check when requested. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any individual with whom the local board<\/span> is considering placing a child<\/span> on an emergency basis shall submit to a search of the central registry maintained pursuant to § 63.2-1515<\/a> and the Adam Walsh Child<\/span> Protection and Safety Act of 2006, Pub. L. 109-248 for any founded complaint of child<\/span> abuse or neglect. The search of the central registry must occur prior to emergency placement. Such central registry search shall be at no cost to the individual. Prior to emergency placement, the individual shall provide a written statement of affirmation disclosing whether he has ever been the subject of a founded case of child<\/span> abuse or neglect within or outside the Commonwealth. Child<\/span>-placing agencies shall not approve individuals with a founded complaint of child<\/span> abuse as foster or adoptive parents. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The child<\/span>-placing agency<\/span> shall not approve a foster or adoptive home<\/span> if any individual has been convicted of any barrier crime<\/span> as defined in § 19.2-392.02<\/a> or is the subject of a founded complaint of abuse or neglect as maintained in registries pursuant to § 63.2-1515<\/a> and 42 U.S.C.S. 16901 et seq. A child<\/span>-placing agency<\/span> may approve as a foster parent an applicant who has been convicted of not more than one misdemeanor<\/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 the abuse, neglect, or moral turpitude<\/span> of 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> A local board<\/span> or child<\/span>-placing agency<\/span> may approve as a kinship foster care parent an applicant who has been convicted of the following offenses<\/span>, provided that the local board<\/span> or child<\/span>-placing agency<\/span> makes a specific finding<\/span> that approving the kinship foster care placement<\/span> would not adversely affect the safety and well-being of the child<\/span>: (i) any offense<\/span> set forth in the definition of barrier crime<\/span> in § 19.2-392.02<\/a> clause (iv), provided that five years have elapsed from the date of the conviction<\/span>; (ii) any 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>, not involving a minor<\/span>, provided that five years have elapsed from the date of the conviction<\/span>; or (iii) any misdemeanor<\/span> offense<\/span> under § 18.2-80<\/a>, 18.2-81<\/a>, 18.2-83<\/a>, 18.2-87<\/a>, 18.2-87.1<\/a>, or 18.2-88<\/a> or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span> provided that 10 years have elapsed from the date of the conviction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any individual participating in the Fostering Futures program<\/span>, which allows local departments<\/span> to continue to provide foster care services to individuals who are 18 years of age or older but have not reached 21 years of age, who is placed in a foster home<\/span> shall be subject to the background check requirements set forth in subsection B. The results of such background check shall be used for the sole purpose of determining whether other children should be placed or remain in the same foster home<\/span> as the individual subject to the background check. The results of the background check shall not be used to terminate or suspend the approval of the foster home<\/span> pursuant to subsection E. For purposes of this subsection, “individual participating in the Fostering Futures program<\/span>” means a person who is 18 years of age or older but has not reached 21 years of age and is receiving foster care services through the Fostering Futures program. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCRIMINAL HISTORY AND CENTRAL REGISTRY CHECK FOR PLACEMENTS OF CHILDREN (\u00a7\n63.2-901.1)\n\nA. Each local board and licensed child-placing agency shall obtain, in\naccordance with regulations adopted by the Board, criminal history record\ninformation from the Central Criminal Records Exchange and the Federal Bureau of\nInvestigation through the Central Criminal Records Exchange and the results of a\nsearch of the child abuse and neglect central registry of any individual with\nwhom the local board or licensed child-placing agency is considering placing a\nchild on an emergency, temporary or permanent basis, including the birth parent\nof a child in foster care placement, unless the birth parent has revoked an\nentrustment agreement pursuant to § 63.2-1223 or 63.2-1817 or a local board\nor birth parent revokes a placement agreement while legal custody remains with\nthe parent, parents, or guardians pursuant to § 63.2-900. The local board\nor licensed child-placing agency shall also obtain such background checks on all\nadult household members residing in the home of the individual with whom the\nchild is to be placed pursuant to subsection B. Such state criminal records or\nregistry search shall be at no cost to the individual. The local board or\nlicensed child-placing agency shall pay for the national fingerprint criminal\nhistory record check or may require such individual to pay the cost of the\nfingerprinting or the national fingerprinting criminal history record check or\nboth. In addition to the fees assessed by the Federal Bureau of Investigation,\nthe designated state agency may assess a fee for responding to requests required\nby this section.\n\nB. Background checks pursuant to this section require the following:\n\n 1. A sworn statement or affirmation disclosing whether or not the individual\n has a criminal conviction or is the subject of any pending criminal charges\n within or outside the Commonwealth and whether or not the individual has been\n the subject of a founded complaint of child abuse or neglect within or outside\n the Commonwealth;\n\n 2. That the individual submit to fingerprinting and provide personal\n descriptive information to be forwarded along with the individual’s\n fingerprints through the Central Criminal Records Exchange to the Federal\n Bureau of Investigation for the purpose of obtaining criminal history record\n information. The local board or licensed child-placing agency shall inform the\n individual that he is entitled to obtain a copy of any background check report\n and to challenge the accuracy and completeness of any such report and obtain a\n prompt resolution before a final decision is made of the individual’s\n fitness to have responsibility for the safety and well-being of children.\n \t\t\t\tThe Central Criminal Records Exchange, upon receipt of an\n individual’s record or notification that no record exists, shall forward\n it to the designated state agency. The state agency shall, upon receipt of an\n individual’s record lacking disposition data, conduct research in\n whatever state and local recordkeeping systems are available in order to\n obtain complete data. The state agency shall report to the local board or\n licensed child-placing agency whether the individual meets the criteria for\n having responsibility for the safety and well-being of children based on\n whether or not the individual has ever been convicted of or is the subject of\n pending charges for any barrier crime as defined in § 19.2-392.02. Copies\n of any information received by a local board or licensed child-placing agency\n pursuant to this section shall be available to the state agency that regulates\n or operates such a child-placing agency but shall not be disseminated further;\n and\n\n 3. A search of the central registry maintained pursuant to § 63.2-1515\n for any founded complaint of child abuse or neglect. In addition, a search of\n the child abuse and neglect registry maintained by any other state pursuant to\n the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248, in\n which a prospective parent or other adult in the home has resided in the\n preceding five years.\n\nC. In emergency circumstances, each local board may obtain, from a criminal\njustice agency, criminal history record information from the Central Criminal\nRecords Exchange and the Federal Bureau of Investigation through the Virginia\nCriminal Information Network (VCIN) for the criminal records search authorized\nby this section. Within three days of placing a child, the local board shall\nrequire the individual for whom a criminal history record information check was\nrequested to submit to fingerprinting and provide personal descriptive\ninformation to be forwarded along with the fingerprints through the Central\nCriminal Records Exchange to the Federal Bureau of Investigation for the purpose\nof obtaining criminal record history information, pursuant to subsection B. The\nchild shall be removed from the home immediately if any adult resident fails to\nprovide such fingerprints and written permission to perform a criminal history\nrecord check when requested.\n\nD. Any individual with whom the local board is considering placing a child on an\nemergency basis shall submit to a search of the central registry maintained\npursuant to § 63.2-1515 and the Adam Walsh Child Protection and Safety Act\nof 2006, Pub. L. 109-248 for any founded complaint of child abuse or neglect.\nThe search of the central registry must occur prior to emergency placement. Such\ncentral registry search shall be at no cost to the individual. Prior to\nemergency placement, the individual shall provide a written statement of\naffirmation disclosing whether he has ever been the subject of a founded case of\nchild abuse or neglect within or outside the Commonwealth. Child-placing\nagencies shall not approve individuals with a founded complaint of child abuse\nas foster or adoptive parents.\n\nE. The child-placing agency shall not approve a foster or adoptive home if any\nindividual has been convicted of any barrier crime as defined in §\n19.2-392.02 or is the subject of a founded complaint of abuse or neglect as\nmaintained in registries pursuant to § 63.2-1515 and 42 U.S.C.S. 16901 et\nseq. A child-placing agency may approve as a foster parent an applicant who has\nbeen convicted of not more than one misdemeanor as set out in § 18.2-57, or\nany substantially similar offense under the laws of another jurisdiction, not\ninvolving the abuse, neglect, or moral turpitude of a minor, provided that 10\nyears have elapsed following the conviction.\n\nF. A local board or child-placing agency may approve as a kinship foster care\nparent an applicant who has been convicted of the following offenses, provided\nthat the local board or child-placing agency makes a specific finding that\napproving the kinship foster care placement would not adversely affect the\nsafety and well-being of the child: (i) any offense set forth in the definition\nof barrier crime in § 19.2-392.02 clause (iv), provided that five years\nhave elapsed from the date of the conviction; (ii) any misdemeanor offense under\n§ 18.2-57 or 18.2-57.2, or any substantially similar offense under the laws\nof another jurisdiction, not involving a minor, provided that five years have\nelapsed from the date of the conviction; or (iii) any misdemeanor offense under\n§ 18.2-80, 18.2-81, 18.2-83, 18.2-87, 18.2-87.1, or 18.2-88 or any\nsubstantially similar offense under the laws of another jurisdiction provided\nthat 10 years have elapsed from the date of the conviction.\n\nG. Any individual participating in the Fostering Futures program, which allows\nlocal departments to continue to provide foster care services to individuals who\nare 18 years of age or older but have not reached 21 years of age, who is placed\nin a foster home shall be subject to the background check requirements set forth\nin subsection B. The results of such background check shall be used for the sole\npurpose of determining whether other children should be placed or remain in the\nsame foster home as the individual subject to the background check. The results\nof the background check shall not be used to terminate or suspend the approval\nof the foster home pursuant to subsection E. For purposes of this subsection,\n“individual participating in the Fostering Futures program” means a\nperson who is 18 years of age or older but has not reached 21 years of age and\nis receiving foster care services through the Fostering Futures program.\n\nHISTORY: 2002, cc. 587, 606, \u00a7 63.1-56.01; 2005, c. 722; 2006, c. 558; 2007,\ncc. 606, 617, 623, 871; 2011, cc. 5, 156; 2012, c. 568; 2017, cc. 194, 809;\n2024, c. 529.","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}}