                                 CODE OF VIRGINIA

BACKGROUND CHECK REQUIRED; CHILDREN&#8217;S RESIDENTIAL FACILITIES (§
37.2-408.1)

A. Notwithstanding the provisions of &#xA7; 37.2-416, as a condition of
employment, volunteering or providing services on a regular basis, every
children&#8217;s residential facility that is regulated or operated by the
Department shall require any person who (i) accepts a position of employment at
such a facility, (ii) is currently employed by such a facility, (iii) volunteers
for such a facility, or (iv) provides contractual services directly to a
juvenile for such a facility to submit to fingerprinting and to provide personal
descriptive information, to be forwarded along with the person&#8217;s
fingerprints through the Central Criminal Records Exchange to the Federal Bureau
of Investigation for the purpose of obtaining criminal history record
information regarding the person. The children&#8217;s residential facility
shall inform the person 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
person&#8217;s eligibility to have responsibility for the safety and well-being
of children. The person shall provide the children&#8217;s residential facility
with a written 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.
			The Central Criminal Records Exchange, upon receipt of a person&#8217;s
record or notification that no record exists, shall forward it to the state
agency that operates or regulates the children&#8217;s residential facility with
which the person is affiliated. The state agency shall, upon receipt of a
person&#8217;s record lacking disposition data, conduct research in whatever
state and local recordkeeping systems are available in order to obtain complete
data. The state agency shall report to the children&#8217;s facility whether the
person is eligible to have responsibility for the safety and well-being of
children. Except as otherwise provided in subsection B, no children&#8217;s
residential facility regulated or operated by the Department shall hire for
compensated employment or allow to volunteer or provide contractual services
persons who have been convicted of or are the subject of pending charges for (a)
any offense set forth in clause (i), (ii), (iii), or (v) of the definition of
barrier crime in &#xA7; 19.2-392.02 or (b) any offense set forth in clause (iv)
of the definition of barrier crime in &#xA7; 19.2-392.02 (1) in the five years
prior to the application date for employment, to be a volunteer, or to provide
contractual services or (2) such person continues on probation or parole or has
failed to pay required court costs for such offense set forth in clause (iv) of
the definition of barrier crime in &#xA7; 19.2-392.02. The provisions of this
section also shall apply to structured residential programs, excluding secure
detention facilities, established pursuant to &#xA7; 16.1-309.3 for juvenile
offenders cited in a complaint for intake or in a petition before the court that
alleges the juvenile is delinquent or in need of services or supervision.

B. Notwithstanding the provisions of subsection A, a children&#8217;s
residential facility may hire for compensated employment or for volunteer or
contractual service purposes persons who have 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, if 10 years have elapsed
following the conviction, unless the person committed such offense in the scope
of his employment, volunteer, or contractual services.
			If the person is denied employment, or the opportunity to volunteer or
provide services, at a children&#8217;s residential facility because of
information appearing on his criminal history record, and the person disputes
the information upon which the denial was based, upon written request of the
person the state agency shall furnish the person the procedures for obtaining
his criminal history record from the Federal Bureau of Investigation. The
information provided to the children&#8217;s residential facility shall not be
disseminated except as provided in this section.

C. Those persons listed in clauses (i) through (iv) of subsection A also shall
authorize the children&#8217;s residential facility to obtain a copy of
information from the central registry maintained pursuant to &#xA7; 63.2-1515 on
any investigation of child abuse or neglect undertaken on him. The person shall
provide the children&#8217;s residential facility with a written statement or
affirmation disclosing whether he has ever been the subject of a founded case of
child abuse or neglect within or outside the Commonwealth. Children&#8217;s
residential facilities regulated or operated by the Department shall not hire
for compensated employment, or allow to volunteer or provide contractual
services, persons who have a founded case of child abuse or neglect.

D. No person shall be allowed to work, volunteer, or provide services at a
children&#8217;s residential facility unless (i) all components of the
background check required pursuant to this section have been received by the
children&#8217;s residential facility and (ii) the person is eligible to have
responsibility for the safety and well-being of children in accordance with
subsections A and C.

E. Notwithstanding any provisions of this section to the contrary, a
children&#8217;s residential facility may employ a person specified in
subsection A pending the results of the check of the central registry maintained
by the Department pursuant to &#xA7; 63.2-1515 required by this section,
provided that (i) the person has received qualifying results on the
fingerprint-based criminal history background check, (ii) the person does not
work in the children&#8217;s residential facility or any other location where
children placed in such facility are present, and (iii) such employment is
permitted under 42 U.S.C. &#xA7; 671 and regulations promulgated pursuant
thereto.

F. The cost of obtaining the criminal history record and the central registry
information shall be borne by the person unless the children&#8217;s residential
facility, at its option, decides to pay the cost.

HISTORY: 2008, c. 873; 2012, cc. 383, 476, 507; 2016, c. 580; 2017, c. 809;
2019, cc. 100, 282; 2022, c. 729.