                                 CODE OF VIRGINIA

CRIMINAL HISTORY AND CENTRAL REGISTRY CHECK FOR PLACEMENTS OF CHILDREN (§
63.2-901.1)

A. 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 &#xA7; 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 &#xA7; 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. Background checks pursuant to this section require the following:

   1. 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;

   2. That the individual submit to fingerprinting and provide personal
   descriptive information to be forwarded along with the individual&#8217;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&#8217;s
   fitness to have responsibility for the safety and well-being of children.
   				The Central Criminal Records Exchange, upon receipt of an
   individual&#8217;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&#8217;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 &#xA7; 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

   3. A search of the central registry maintained pursuant to &#xA7; 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. 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.

D. 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 &#xA7; 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. 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 &#xA7;
19.2-392.02 or is the subject of a founded complaint of abuse or neglect as
maintained in registries pursuant to &#xA7; 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 &#xA7; 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. 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 &#xA7; 19.2-392.02 clause (iv), provided that five years
have elapsed from the date of the conviction; (ii) any misdemeanor offense under
&#xA7; 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
&#xA7; 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. 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,
&#8220;individual participating in the Fostering Futures program&#8221; 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.

HISTORY: 2002, cc. 587, 606, § 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.