                                 CODE OF VIRGINIA

LICENSED CHILD DAY CENTERS, FAMILY DAY HOMES, AND FAMILY DAY SYSTEMS; EMPLOYMENT
FOR COMPENSATION OR USE AS VOLUNTEERS OF PERSONS CONVICTED OF OR FOUND TO HAVE
COMMITTED CERTAIN OFFENSES PROHIBITED; NATIONAL BACKGROUND CHECK REQUIRED;
PENALTY (§ 22.1-289.035)

A. No child day center, family day home, or family day system licensed in
accordance with the provisions of this chapter, child day center exempt from
licensure pursuant to &#xA7; 22.1-289.031, registered family day home, family
day home approved by a family day system, or child day center, family day home,
or child day program that enters into a contract with the Department or its
agents or designees to provide child care services funded by the Child Care and
Development Block Grant shall hire for compensated employment, continue to
employ, or permit to serve as a volunteer who will be alone with, in control of,
or supervising children any person who (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. All
applicants for employment, employees, applicants to serve as volunteers, and
volunteers shall undergo a background check in accordance with subsection B
prior to employment or beginning to serve as a volunteer and every five years
thereafter. However, pending the results of all background check components set
forth in subsection B, an applicant for employment or an applicant to serve as a
volunteer may work in the child day center, family day home, or family day
system, provided that (a) the applicant has received qualifying results on a
fingerprint-based background check through the Central Criminal Records Exchange
or the Federal Bureau of Investigation and (b) the applicant is supervised at
all times by a person who received a qualifying result on a background check
conducted in accordance with subsection B within the past five years.

B. Any individual required to undergo a background check in accordance with
subsection A shall:

   1. Provide a sworn 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 and whether 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
   described 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.
   				The applicant&#8217;s 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 such applicant. Upon receipt of an applicant&#8217;s record or
   notification that no record exists, the Central Criminal Records Exchange
   shall forward the information to the Department or its designee, and the
   Department or its designee shall report to the child day center or family day
   home whether the applicant 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 before reporting to the
   child day center, family day home, or family day system.

C. The child day center, family day home, or family day system described in
subsection A shall inform every individual required to undergo a background
check pursuant to this section 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 individual&#8217;s eligibility to have responsibility for the safety and
well-being of children.

D. 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.

E. Further dissemination of the background check information is prohibited (i)
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 or (ii) except as provided in subsection J.

F. A person who complies in good faith with the provisions of this section shall
not 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.

G. Notwithstanding the provisions of subsection A, a child day center may hire
for compensated employment persons who have been convicted of not more than one
misdemeanor offense under &#xA7; 18.2-57, 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 while employed in a child
day center or the object of the offense was a minor.

H. 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.

I. Any individual required to undergo a background check pursuant to subsection
A who is (i) convicted of any barrier crime as defined in &#xA7; 19.2-392.02 or
(ii) found to be the subject of a founded complaint of child abuse or neglect
within or outside of the Commonwealth shall notify the child day center, family
day home, or family day system described in subsection A of such conviction or
finding.

J. Notwithstanding the provisions of subsection A, a background check shall not
be required for any individual who has completed a background check under the
provisions of this section within the previous five years, provided that (i)
such background check was conducted after July 1, 2017; (ii) the results of such
background check indicated that the individual had not been convicted of any
barrier crime as defined in &#xA7; 19.2-392.02 and was not the subject of a
founded complaint of child abuse or neglect within or outside the Commonwealth;
and (iii) the individual is currently or has been, within the previous 180 days,
employed by or a volunteer at a child day center, family day home, family day
system, or child day program described in subsection A. Except as otherwise
provided in subsection A, prior to hiring or allowing to volunteer any
individual required to undergo a background check pursuant to subsection A
without the completion of a background check under the provisions of subsection
B, the child day center, family day home, family day system, or child day
program shall, upon the individual&#8217;s written consent, obtain written
certification from the Department or its designee that such individual satisfies
all requirements set forth in this subsection and is eligible to serve as an
employee or volunteer. If the individual meets all requirements set forth in
this subsection and is eligible to serve as an employee or volunteer at the
child day center, family day home, family day system, or child day program, the
written certification shall also state the next date by which another background
check for such person shall be completed in accordance with subsection B. Such
written certifications shall not reveal the nature of any disqualifying barrier
crime or founded complaint of child abuse or neglect or any other information
about the individual.

K. Notwithstanding the provisions of subsection E, the Virginia Council for
Private Education (the Council) or its authorized designee may review background
check information for current employees of child day centers accredited by the
Council for the purposes of seeking or maintaining accreditation by the Council
as permitted pursuant to &#xA7; 22.1-19.

L. Notwithstanding the provisions of subsection E, the Department, upon
receiving a written request for such a written certification from an individual,
shall provide written certification to an entity designated by the Department
that provides staffing for child day programs that such individual satisfies all
requirements set forth in this section and is eligible to serve as an employee,
temporary employee, or volunteer in a child day program. Each such written
certification shall also state the date by which the individual is required to
complete a new background check in accordance with the periodic requirement for
such background checks that is established in subsection A. No such written
certification shall reveal the nature of any disqualifying barrier crime
committed by or founded complaint of child abuse or neglect against the
individual. Any such written certification may be shared among child day
programs for the purpose of facilitating the creation and maintenance of a child
day program substitute staff pool system.

HISTORY: 2020, cc. 860, 861, 936; 2021, Sp. Sess. I, cc. 251, 510; 2023, c. 253;
2024, cc. 289, 477.