                                 CODE OF VIRGINIA

BACKGROUND CHECKS REQUIRED; ADULT SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES (§
37.2-506.1)

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 adult receiving substance abuse or mental health services or
(ii) immediately supervising a person in a position described in this
definition.
			&#8220;Hire for compensated employment&#8221; does not include (i) a
promotion from one adult substance abuse or adult mental health treatment
position to another such position within the same community services board or
(ii) new employment in an adult substance abuse or adult mental health treatment
position in another office or program of the same community services board if
the person employed prior to July 1, 1999, had no convictions in the five years
prior to the application date for employment. &#8220;Hire for compensated
employment&#8221; includes (a) a promotion or transfer from an adult substance
abuse treatment position to any mental health or developmental services direct
care position within the same community services board or (b) new employment in
any mental health or developmental services direct care position in another
office or program of the same community services board for which the person has
previously worked in an adult substance abuse treatment position.
			&#8220;Peer recovery specialist&#8221; means any person who has completed a
peer recovery specialist training course approved by the Department of
Behavioral Health and Developmental Services.

B. Every community services board shall require (i) any applicant who accepts
employment in any direct care position with the community services board and
(ii) any person under contract to serve in a direct care position on behalf of
the community services board 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, D, E, or G, no community services
board shall hire for compensated employment, approve as a sponsored residential
service provider, permit to enter into a shared living arrangement with a person
receiving medical assistance services pursuant to a waiver, or permit any person
under contract to serve in a direct care position on behalf of the community
services board persons who have been convicted of (a) any offense set forth in
clause (i), (ii), or (iii) 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, the application date to be a sponsored
residential service provider, or entering into a shared living arrangement or
(2) 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 executive director or personnel director of the community services
board. If any applicant is denied employment because of information appearing on
his 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
executive director or personnel director of any community services board shall
not be disseminated except as provided in this section.

C. Notwithstanding the provisions of subsection B, the community services board
may hire for compensated employment or permit any person under contract to serve
in a direct care position on behalf of the community services board or permit
any person employed by a temporary agency that has entered into a contract with
the community services board to provide direct care services on behalf of the
community services board at an adult substance abuse or mental health treatment
program a person who was convicted of any misdemeanor violation of &#xA7;
18.2-57 or any violation of &#xA7; 18.2-248, 18.2-250, or 18.2-258.1, except an
offense pursuant to subsection H1 or H2 of &#xA7; 18.2-248, provided that such
conviction occurred more than four years prior to the application date for
employment.

D. Notwithstanding the provisions of subsection B, the community services board
may hire for compensated employment or permit any person under contract to serve
in a direct care position on behalf of the community services board or permit
any person employed by a temporary agency that has entered into a contract with
the community services board to provide direct care services on behalf of the
community services board at adult substance abuse or adult mental health
treatment programs a person who was convicted of any violation of &#xA7;
18.2-51.3; any misdemeanor violation of &#xA7; 18.2-56, 18.2-56.1, or 18.2-57.2;
any violation of &#xA7; 18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor
violation of &#xA7; 18.2-282, 18.2-346, or 18.2-346.01; any offense set forth in
clause (iii) of the definition of barrier crime in &#xA7; 19.2-392.02, except an
offense pursuant to subsection H1 or H2 of &#xA7; 18.2-248; or any substantially
similar offense under the laws of another jurisdiction, if the hiring community
services board determines, based upon a screening assessment, that the criminal
behavior was substantially related to the applicant&#8217;s substance abuse or
mental illness and that the person has been successfully rehabilitated and is
not a risk to individuals receiving services based on his criminal history
background and his substance abuse or mental illness history. In addition, where
the employment at an adult substance abuse treatment program is as a peer
recovery specialist, the community services board may hire any person eligible
under this subsection or who was convicted of any offense set forth in clause
(iv) of the definition of barrier crime in &#xA7; 19.2-392.02 if the hiring
community services board determines, based upon a screening assessment, that the
criminal behavior was substantially related to the person&#8217;s substance
abuse or mental illness and that the person has been successfully rehabilitated
and is not a risk to individuals receiving services based on his criminal
history background and his substance abuse or mental illness history.

E. Notwithstanding the provisions of subsection B, the community services board
may hire for compensated employment or permit any person under contract to serve
in a direct care position on behalf of the community services board or permit
any person employed by a temporary agency that has entered into a contract with
the community services board to provide direct care services on behalf of the
community services board at adult substance abuse treatment programs a person
who has been convicted of not more than one offense under subsection C of &#xA7;
18.2-57, or any substantially similar offense under the laws of another
jurisdiction, if (i) the person has been granted a simple pardon if the offense
was a felony committed in Virginia, or the equivalent if the person was
convicted under the laws of another jurisdiction; (ii) more than 10 years have
elapsed since the conviction; and (iii) the hiring community services board
determines, based upon a screening assessment, that the criminal behavior was
substantially related to the applicant&#8217;s substance abuse and that the
person has been successfully rehabilitated and is not a risk to individuals
receiving services based on his criminal history background and his substance
abuse history.

F. The community services board and a screening contractor designated by the
Department shall screen applicants who meet the criteria set forth in
subsections D and E to assess whether the applicants have been rehabilitated
successfully and are not a risk to individuals receiving services based on their
criminal history backgrounds and substance abuse or mental illness histories. To
be eligible for such screening, the applicant:

   1. Shall have completed all prison or jail terms, shall not be under probation
   or parole supervision, shall have no pending charges in any locality, shall
   have paid all fines, restitution, and court costs for any prior convictions,
   and shall have been free of parole or probation for at least five years for
   all convictions; or

   2. If the applicant is a peer recovery specialist, shall have completed all
   prison or jail terms, shall not be under probation or parole supervision,
   shall have no pending charges in any locality, and shall have been free of
   parole or probation for at least five years for all convictions.
   				In addition to any supplementary information the community services board
   or screening contractor may require or the applicant may wish to present, the
   applicant shall provide to the screening contractor a statement from his most
   recent probation or parole officer, if any, outlining his period of
   supervision and a copy of any pre-sentencing or post-sentencing report in
   connection with the felony conviction. The cost of this screening shall be
   paid by the applicant, unless the board decides to pay the cost.

G. Notwithstanding the provisions of subsection B, a community services board
may (i) hire for compensated employment or (ii) permit any person under contract
to serve in a direct care position on behalf of the community services board or
permit any person employed by a temporary agency that has entered into a
contract with the community services board to provide direct care services on
behalf of the community services board persons who have been convicted of not
more than one misdemeanor offense under &#xA7; 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.

H. Community services boards also shall require, as a condition of employment or
permission for any person under contract to serve in a direct care position on
behalf of the community services board, 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.

I. 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
community services board decides to pay the cost.

J. Notwithstanding any other provision of law, a community services board 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.

K. Any person employed by a temporary agency that has entered into a contract
with a community services board and who will serve in a direct care position on
behalf of such community services board 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, D, E, or G, no community
   services board shall permit any person employed by a temporary agency that has
   entered into a contract with the community services board to provide direct
   care services on behalf of the community services board 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, the
   application date to be a sponsored residential service provider, or 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.

HISTORY: 2023, c. 236; 2024, cc. 651, 683; 2025, c. 380.