                                 CODE OF VIRGINIA

RECORDS CHECK BY UNLICENSED CHILD DAY CENTER; PENALTY (§ 22.1-289.039)

Any child day center that is exempt from licensure pursuant to § 22.1-289.031
shall require all applicants for employment, employees, applicants to serve as
volunteers, and volunteers and any other person who is expected to be alone with
one or more children enrolled in the child day center to obtain a background
check in accordance with § 22.1-289.035. A child day center that is exempt from
licensure pursuant to § 22.1-289.031 shall refuse employment or service to any
person who (i) has been convicted of any barrier crime as defined in §
19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or
neglect within or outside the Commonwealth. The foregoing provisions shall not
apply to a parent or guardian who may be left alone with his own child. For
purposes of this section, convictions shall include prior adult convictions and
juvenile convictions or adjudications of delinquency based on a crime that would
have been a felony if committed by an adult within or outside the Commonwealth.
Further dissemination of the information provided to the facility is prohibited,
except as otherwise provided in subsection J of § 22.1-289.035.

HISTORY: 2020, cc. 860, 861; 2021, Sp. Sess. I, cc. 251, 510.