                                 CODE OF VIRGINIA

BACKGROUND CHECKS REQUIRED; SERVICES FOR CHILDREN AND DEVELOPMENTAL SERVICES (§
37.2-416)

A. As used in this section:
			&#8220;Direct care position&#8221; means any position that includes
responsibility for (i) treatment, case management, health, safety, development,
or well-being of an individual younger than 18 years of age in any program
providing mental health or substance abuse services; (ii) treatment, case
management, health, safety, development, or well-being of an individual in any
program providing developmental services; or (iii) immediately supervising a
person in a position described in this definition.
			&#8220;Hire for compensated employment&#8221; includes (i) a promotion or
transfer from an adult substance abuse treatment position to any direct care
position within the same licensee licensed pursuant to this article or (ii) new
employment in any direct care position in another office or program of the same
licensee licensed pursuant to this article for which the person has previously
worked in an adult substance abuse treatment position.
			&#8220;Provider&#8221; means a provider who is licensed pursuant to this
article and who provides (i) mental health or substance abuse services to
individuals who are younger than 18 years of age or (ii) developmental services
to any individual regardless of age.
			&#8220;Shared living&#8221; means an arrangement in which the
Commonwealth&#8217;s program of medical assistance pays a portion of a
person&#8217;s rent, utilities, and food expenses in return for the person
residing with and providing companionship, support, and other limited, basic
assistance to a person with developmental disabilities receiving medical
assistance services in accordance with a waiver for whom he has no legal
responsibility.

B. Every provider shall require (i) any applicant who accepts employment in any
direct care position, (ii) any applicant for approval as a sponsored residential
service provider, (iii) any adult living in the home of an applicant for
approval as a sponsored residential service provider, (iv) any person employed
by a sponsored residential service provider to provide services in the home, (v)
any person who enters into a shared living arrangement with a person receiving
medical assistance services pursuant to a waiver, and (vi) any person under
contract with the provider to serve in a direct care position to submit to
fingerprinting and provide personal descriptive information to be forwarded
through the Central Criminal Records Exchange to the Federal Bureau of
Investigation (FBI) for the purpose of obtaining national criminal history
record information regarding the applicant. Except as otherwise provided in
subsection C, no provider shall:

   1. Hire for compensated employment any person who has been convicted of (i)
   any offense set forth in clause (i), (ii), or (iii) of the definition of
   barrier crime in &#xA7; 19.2-392.02 or (ii) any offense set forth in clause
   (iv) of the definition of barrier crime in &#xA7; 19.2-392.02 (a) in the five
   years prior to the application date for employment or (b) if 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;

   2. Approve an applicant as a sponsored residential service provider if the
   applicant, any adult residing in the home of the applicant, or any person
   employed by the applicant has been convicted of (i) any offense set forth in
   clause (i), (ii), or (iii) of the definition of barrier crime in &#xA7;
   19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of
   barrier crime in &#xA7; 19.2-392.02 (a) in the five years prior to the
   application date to be a sponsored residential service provider or (b) if such
   applicant 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;

   3. Permit to enter into a shared living arrangement with a person receiving
   medical assistance services pursuant to a waiver any person who has been
   convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the
   definition of barrier crime in &#xA7; 19.2-392.02 or (ii) any offense set
   forth in clause (iv) of the definition of barrier crime in &#xA7; 19.2-392.02
   (a) in the five years prior to entering into a shared living arrangement or
   (b) if 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; or

   4. Allow any person under contract with the provider to serve in a direct care
   position who has been convicted of (i) any offense set forth in clause (i),
   (ii), or (iii) of the definition of barrier crime in &#xA7; 19.2-392.02 or
   (ii) any offense set forth in clause (iv) of the definition of barrier crime
   in &#xA7; 19.2-392.02 (a) in the five years prior to the application date for
   employment or (b) if 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 Central Criminal Records Exchange, upon receipt of an
   applicant&#8217;s record or notification that no record exists, shall submit a
   report to the requesting authorized officer or director of a provider. If any
   applicant is denied employment because of information appearing on the
   criminal history record and the applicant disputes the information upon which
   the denial was based, the Central Criminal Records Exchange shall, upon
   written request, furnish to the applicant the procedures for obtaining a copy
   of the criminal history record from the FBI. The information provided to the
   authorized officer or director of a provider shall not be disseminated except
   as provided in this section.

C. Notwithstanding the provisions of subsection B, a provider may (i) hire for
compensated employment, (ii) approve as a sponsored residential service
provider, (iii) permit to enter into a shared living arrangement, or (iv) permit
any person under contract with the provider to serve in a direct care position
on behalf of the provider or permit any person employed by a temporary agency
that has entered into a contract with the provider to provide direct care
services on behalf of the provider 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 the
offense while employed in a direct care position. A provider may also approve a
person as a sponsored residential service provider if (a) any adult living in
the home of an applicant or (b) any person employed by the applicant to provide
services in the home in which sponsored residential services are provided 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, if 10 years have elapsed following the conviction, unless the
person committed the offense while employed in a direct care position.

D. Every provider shall require, as a condition of employment, approval as a
sponsored residential service provider, permission to enter into a shared living
arrangement with a person receiving medical assistance services pursuant to a
waiver, or permission for any person under contract with the provider to serve
in a direct care position, written consent and personal information necessary to
obtain a search of the registry of founded complaints of child abuse and neglect
that is maintained by the Department of Social Services pursuant to &#xA7;
63.2-1515.

E. The cost of obtaining the criminal history record and search of the child
abuse and neglect registry record shall be borne by the applicant, unless the
provider decides to pay the cost.

F. A person who complies in good faith with the provisions of this section shall
not be liable for any civil damages for any act or omission in the performance
of duties under this section unless the act or omission was the result of gross
negligence or willful misconduct.

G. Notwithstanding any other provision of law, a provider that provides services
to individuals receiving services under the state plan for medical assistance
services or any waiver thereto may disclose to the Department of Medical
Assistance Services (i) whether a criminal history background check has been
completed for a person described in subsection B for whom a criminal history
background check is required and (ii) whether the person described in subsection
B is eligible for employment, to provide sponsored residential services, to
provide services in the home of a sponsored residential service provider, or to
enter into a shared living arrangement with a person receiving medical
assistance services pursuant to a waiver.

H. Any person employed by a temporary agency that has entered into a contract
with a provider and who will serve in a direct care position on behalf of such
provider shall undergo a background check that shall include:

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

   2. A search of the central registry maintained pursuant to &#xA7; 63.2-1515
   for any founded complaint of child abuse and neglect.
   				Except as otherwise provided in subsection C, no provider shall permit any
   person employed by a temporary agency that has entered into a contract with
   the provider to provide direct care services on behalf of the provider if that
   person has been convicted of (i) any offense set forth in clause (i), (ii), or
   (iii) of the definition of barrier crime in &#xA7; 19.2-392.02 or (ii) any
   offense set forth in clause (iv) of the definition of barrier crime in &#xA7;
   19.2-392.02 (a) in the five years prior to the application date for employment
   or (b) if 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.

HISTORY: 1999, c. 685, § 37.1-183.3; 2001, cc. 486, 506, 784; 2002, c. 712;
2003, c. 468; 2005, c. 716; 2008, cc. 383, 407; 2011, c. 657; 2012, cc. 476,
507; 2016, c. 574; 2017, cc. 458, 775, 809; 2018, c. 569; 2019, c. 89; 2020, c.
1092; 2021, Sp. Sess. I, cc. 188, 475; 2023, cc. 138, 139, 236.