                                 CODE OF VIRGINIA

CHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS; CRIMINAL CONVICTION AND WAIVER (§
22.1-289.038)

A. Any person who seeks to operate, volunteer, or work at a child day program or
family day system and who is disqualified because of a criminal conviction or a
criminal conviction in the background check of any other adult living in a
family day home regulated by the Department, pursuant to &#xA7; 22.1-289.035,
22.1-289.036, or 22.1-289.039, may apply in writing for a waiver from the
Superintendent. The Superintendent may grant a waiver if the Superintendent
determines that (i) the person is of good moral character and reputation and
(ii) the waiver would not adversely affect the safety and well-being of children
in the person&#8217;s care. The Superintendent shall not grant a waiver to any
person who has been convicted of any barrier crime as defined in &#xA7;
19.2-392.02. However, the Superintendent may grant a waiver to a family day home
licensed or registered by the Department if any other adult living in the home
of the applicant or provider has been convicted of not more than one misdemeanor
offense under &#xA7; 18.2-57 or 18.2-57.2, or any substantially similar offense
under the laws of another jurisdiction, provided that (a) five years have
elapsed following the conviction and (b) the Department has conducted a home
study that includes, but is not limited to, (1) an assessment of the safety of
children placed in the home and (2) a determination that the offender is now a
person of good moral character and reputation. The waiver shall not be granted
if the adult living in the home is an assistant or substitute provider or if
such adult has been convicted of a misdemeanor offense under both &#xA7;&#xA7;
18.2-57 and 18.2-57.2, or any substantially similar offense under the laws of
another jurisdiction. Any waiver granted under this section shall be available
for inspection by the public. The child day program or family day system shall
notify in writing every parent and guardian of the children in its care of any
waiver granted for its operators, employees, or volunteers.

B. The Board shall adopt regulations to implement the provisions of this
section.

HISTORY: 2020, cc. 860, 861.