                                 CODE OF VIRGINIA

REVOCATION OR DENIAL OF RENEWAL BASED ON BACKGROUND CHECKS; FAILURE TO OBTAIN
BACKGROUND CHECK (§ 22.1-289.037)

A. The Superintendent may revoke or deny renewal of a license or registration of
a child day program or family day system, and a family day system may revoke the
approval of a family day home, if the child day program, family day system, or
approved family day home has knowledge that a person specified in &#xA7;
22.1-289.035 or 22.1-289.036 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 or is not subject to the
exceptions in subsection G of &#xA7; 22.1-289.035, and the agency or home
refuses to separate such person from employment or service or allows the
household member to continue to reside in the home.

B. Failure to obtain background checks pursuant to &#xA7;&#xA7; 22.1-289.035 and
22.1-289.036 shall be grounds for denial, revocation, or termination of a
license, registration, or approval or any contract with the Department or its
agents or designees or a local department of social services to provide child
care services to clients of the Department or its agents or designees or the
local department of social services. No violation shall occur if the family day
system, family day home, or child day center has applied for the background
check timely and it has not been obtained due to administrative delay. The
provisions of this section shall be enforced by the Department.

HISTORY: 2020, cc. 860, 861.