A. No Center may hire for compensated employment, continue to employ persons, or permit persons to serve as volunteers who (i) have been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) are the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. All persons interested in volunteering at a Center and all applicants for employment at a Center shall undergo background checks pursuant to subsection B. For the purposes of this section, convictions for any barrier crime as defined in § 19.2-392.02 shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.
1. A sworn statement or affirmation disclosing whether the person has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and whether or not the person has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;
2. A criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389; and
3. A search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.
C. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision B 1 is guilty of a Class 1 misdemeanor.
D. A Center shall obtain (i) an original criminal record clearance with respect to any barrier crime as defined in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange for any compensated employees within 30 days of employment and any volunteer within 30 days of commencement of volunteer service and (ii) a copy of the information from the central registry for any compensated employee within 30 days of employment. However, no employee or volunteer may be permitted to work in a position that involves direct contact with a child receiving services until an original criminal record clearance or original criminal history record has been received, unless such person works under the direct supervision of an employee for whom a background check has been completed in accordance with the requirements of this section. If an applicant is denied employment or if a volunteer is denied service because of information from the central registry or convictions appearing on his criminal history record, the Center shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant or volunteer.
E. Further dissemination of the background check information is prohibited other than to the Commissioner’s representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.
F. No person who complies in good faith with the provisions of this section shall be liable for any civil damages for any act or omission in the performance of duties under this section unless the act or omission was the result of gross negligence or willful misconduct.