                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) BACKGROUND CHECK UPON APPLICATION FOR LICENSURE;
PENALTY (§ 32.1-162.15:1.10)

A. Upon application for licensure as a Center, (i) all applicants and (ii) all
agents at the time of application who are or will be involved in the day-to-day
operations of the Center or who are or will be alone with, in control of, or
supervising one or more children shall undergo a background check pursuant to
subsection B.

B. Background checks pursuant to subsection A require:

   1. A sworn statement or affirmation disclosing whether the person has a
   criminal conviction or is the subject of any pending criminal charges within
   or outside the Commonwealth and whether or not the person has been the subject
   of a founded complaint of child abuse or neglect within or outside the
   Commonwealth;

   2. A criminal history records check through the Central Criminal Records
   Exchange pursuant to &#xA7; 19.2-389; and

   3. A search of the central registry maintained pursuant to &#xA7; 63.2-1515
   for any founded complaint of child abuse and neglect.

C. Each person required to have a background check pursuant to subsection A
shall submit the background check information required in subsection B to the
Commissioner&#8217;s representative prior to issuance of a license. The
applicant shall provide an original criminal record clearance with respect to
any barrier crime as defined in &#xA7; 19.2-392.02 or an original criminal
history record from the Central Criminal Records Exchange.

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. If any person specified in subsection A 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, the Commissioner shall not issue a license. For the
purposes of this section, convictions for any barrier crime as defined in &#xA7;
19.2-392.02 shall include prior adult convictions and juvenile convictions or
adjudications of delinquency based on a crime that would be a felony if
committed by an adult within or outside the Commonwealth.

F. No person specified in subsection A shall be (i) involved in the day-to-day
operations of a Center; (ii) alone with, in control of, or supervising one or
more children receiving services from a Center; or (iii) permitted to work in a
position that involves direct contact with a person receiving services without
first having completed background checks pursuant to subsection B unless such
person is directly supervised by another person for whom a background check has
been completed in accordance with the requirements of this section.

G. If an applicant is denied licensure because of information from the central
registry or convictions appearing on his criminal history record, the
Commissioner shall provide a copy of the information obtained from the central
registry or the Central Criminal Records Exchange or both to the applicant.

H. Further dissemination of the background check information is prohibited other
than to the Commissioner&#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.

HISTORY: 2025, c. 451.