                                 CODE OF VIRGINIA

BACKGROUND CHECKS REQUIRED; SERVICES FOR CHILDREN AND DEVELOPMENTAL SERVICES (§
37.2-506)

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 community services board or (ii) new employment in any
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;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 community services board shall require (i) any applicant who accepts
employment in any direct care position with the community services board, (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 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, 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, a community services board
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 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 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 community services board 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. Community services boards also 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 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.

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
community services board decides to pay the cost.

F. 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, 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.

G. 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.

H. 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, 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: 1997, c. 743, § 37.1-197.2; 1998, cc. 130, 680, 882; 1999, c. 685;
2001, c. 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.