                                 CODE OF VIRGINIA

BACKGROUND CHECK UPON APPLICATION FOR LICENSURE, REGISTRATION, OR APPROVAL AS
CHILD DAY CENTER, FAMILY DAY HOME, OR FAMILY DAY SYSTEM; PENALTY (§
22.1-289.036)

A. Every (i) applicant for licensure as a child day center, family day home, or
family day system, registration as a family day home, or approval as a family
day home by a family day system; (ii) agent of an applicant for licensure as a
child day center, family day home, or family day system, registration as a
family day home, or approval as a family day home by a family day system at the
time of application who is or will be involved in the day-to-day operations of
the child day center, family day home, or family day system or who is or will be
alone with, in control of, or supervising one or more of the children; and (iii)
adult living in such child day center or family day home shall undergo a
background check in accordance with subsection B prior to issuance of a license
as a child day center, family day home, or family day system, registration as a
family day home, or approval as a family day home by a family day system and
every five years thereafter.

B. Every person required to undergo a background check pursuant to subsection A
shall:

   1. Provide a sworn statement or affirmation disclosing whether he has ever
   been convicted of or is the subject of any pending criminal charges for any
   offense within or outside the Commonwealth and whether or not he has been the
   subject of a founded complaint of child abuse or neglect within or outside the
   Commonwealth;

   2. Submit to fingerprinting and provide personal descriptive information
   described in subdivision B 2 of &#xA7; 19.2-392.02;

   3. Authorize the child day center, family day home, or family day system
   specified in subsection A to obtain a copy of the results of a search of the
   central registry maintained pursuant to &#xA7; 63.2-1515 for any founded
   complaint of child abuse or neglect against him; and

   4. Authorize the child day center, family day home, or family day system
   described in subsection A to obtain a copy of the results of a criminal
   history record information check, a sex offender registry check, and a search
   of the child abuse and neglect registry or equivalent registry from any state
   in which the individual has resided in the preceding five years.
   				Fingerprints and personal descriptive information obtained pursuant to
   subdivision 2 shall be forwarded by the Department or its designee or, in the
   case of a child day program operated by a local government, may be forwarded
   by the local law-enforcement agency through the Central Criminal Records
   Exchange to the Federal Bureau of Investigation for the purpose of obtaining
   national criminal history record information regarding the individual. Upon
   receipt of an individual&#8217;s record or notification that no record exists,
   the Central Criminal Records Exchange shall forward the information to the
   Department or its designee. The Department or its designee shall report to the
   child day center, family day home, or family day system described in
   subsection A as to whether the individual is eligible to have responsibility
   for the safety and well-being of children. In cases in which the record
   forwarded to the Department or its designee is lacking disposition data, the
   Department or its designee shall conduct research in whatever state and local
   recordkeeping systems are available in order to obtain complete data.

C. If any person specified in subsection A required to have a background check
(i) has been convicted of any barrier crime as defined in &#xA7; 19.2-392.02 or
(ii) is the subject of a founded complaint of child abuse or neglect within or
outside the Commonwealth, and such person has not been granted a waiver by the
Superintendent pursuant to &#xA7; 22.1-289.038, no license as a child day
center, family day home, or family day system or registration as a family day
home shall be granted by the Superintendent and no approval as a family day home
shall be granted by the family day system.

D. Information from a search of the central registry maintained pursuant to
&#xA7; 63.2-1515 and any child abuse and neglect registry or equivalent registry
maintained by any other state in which the applicant, agent, or adult has
resided in the preceding five years, authorized in accordance with subdivision B
3, shall be obtained prior to issuance of a license as a child day center,
family day home, or family day system, registration as a family day home, or
approval as a family day home by a family day system.

E. No person specified in subsection A shall be involved in the day-to-day
operations of the child day center, family day home, or family day system, or
shall be alone with, in control of, or supervising one or more children, without
first having completed any required background check pursuant to subsection B.

F. 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.

G. If an individual is denied licensure, registration, or approval because of
information from the central registry or any child abuse and neglect registry or
equivalent registry maintained by any other state, or convictions appearing on
his criminal history record, the Superintendent shall provide a copy of the
information obtained from the central registry, any child abuse and neglect
registry or equivalent registry maintained by any other state, or the Central
Criminal Records Exchange to the individual.

H. Further dissemination of the background check information is prohibited other
than to the Superintendent&#8217;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.

I. Fees charged for the processing and administration of background checks
pursuant to this section shall not exceed the actual cost to the state or the
local law-enforcement agency of such processing and administration.

J. For the purposes of this section, &#8220;agent&#8221; means a person who is
authorized to act on behalf of the applicant or licensee.

HISTORY: 2020, cc. 860, 861, 936.