                                 CODE OF VIRGINIA

ASSISTED LIVING FACILITIES AND ADULT DAY CENTERS; EMPLOYMENT FOR COMPENSATION OF
PERSONS OR USE OF VOLUNTEERS CONVICTED OF CERTAIN OFFENSES PROHIBITED;
BACKGROUND CHECK REQUIRED; PENALTY (§ 63.2-1720)

A. No assisted living facility or adult day center shall hire for compensated
employment or continue to employ persons who have been convicted of any offense
set forth in clause (i) of the definition of barrier crime in &#xA7;
19.2-392.02. A child-placing agency or independent foster home licensed in
accordance with the provisions of this chapter shall not hire for compensated
employment or continue to employ persons who (i) have been convicted of any
barrier crime as defined in &#xA7; 19.2-392.02 or (ii) are the subject of a
founded complaint of child abuse or neglect within or outside the Commonwealth.
All applicants for employment shall undergo background checks pursuant to
subsection C.

B. A licensed assisted living facility or adult day center may hire an applicant
or continue to employ a person convicted of one misdemeanor barrier crime not
involving abuse or neglect, or any substantially similar offense under the laws
of another jurisdiction, if five years have elapsed following the conviction.

C. 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, in the case of licensed child-placing
   agencies or independent foster homes, 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. In the case of licensed child-placing agencies or independent foster homes,
   a search of the central registry maintained pursuant to &#xA7; 63.2-1515 for
   any founded complaint of child abuse and neglect.

D. Any person making a materially false statement regarding the sworn statement
or affirmation provided pursuant to subdivision C 1 is guilty of a Class 1
misdemeanor.

E. A licensed assisted living facility, licensed adult day center, licensed
child-placing agency, or licensed independent foster home shall obtain for any
compensated employees within 30 days of employment (i) an original criminal
record clearance with respect to convictions for any offense set forth in clause
(i) of the definition of barrier crime in &#xA7; 19.2-392.02 or an original
criminal history record from the Central Criminal Records Exchange and (ii) in
the case of licensed child-placing agencies or independent foster homes, (a) 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 and (b) a copy of the information from the central
registry for any compensated employee within 30 days of employment. However, no
employee shall be permitted to work in a position that involves direct contact
with a person or child receiving services until an original criminal record
clearance or original criminal history record has been received, unless such
person works under the direct supervision of another employee for whom a
background check has been completed in accordance with the requirements of this
section. If an applicant is denied employment because of information from the
central registry or convictions appearing on his criminal history record, the
licensed assisted living facility, adult day center, child-placing agency, or
independent foster home shall provide a copy of the information obtained from
the central registry or the Central Criminal Records Exchange or both to the
applicant.

F. No volunteer who (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 shall be permitted to serve in a
licensed child-placing agency or independent foster home. Any person desiring to
volunteer at a licensed child-placing agency or independent foster home shall
provide the agency, system, or home with a sworn statement or affirmation
pursuant to subdivision C 1. Such licensed child-placing agency or independent
foster home shall obtain for any volunteers, within 30 days of commencement of
volunteer service, a copy of (a) the information from the central registry and
(b) 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. Any person making a materially false
statement regarding the sworn statement or affirmation provided pursuant to
subdivision C 1 is guilty of a Class 1 misdemeanor. If a volunteer is denied
service because of information from the central registry or convictions
appearing on his criminal history record, such licensed child-placing agency or
independent foster home shall provide a copy of the information obtained from
the central registry or the Central Criminal Records Exchange or both to the
volunteer. The provisions of this subsection shall apply only to volunteers who
will be alone with any child in the performance of their duties and shall not
apply to a parent-volunteer of a child attending a licensed child-placing agency
or independent foster home, whether or not such parent-volunteer will be alone
with any child in the performance of his duties. A parent-volunteer is someone
supervising, without pay, a group of children that includes the
parent-volunteer&#8217;s own child in a program that operates no more than four
hours per day, provided that the parent-volunteer works under the direct
supervision of a person who has received a clearance pursuant to this section.

G. No volunteer shall be permitted to serve in a licensed assisted living
facility or licensed adult day center without the permission or under the
supervision of a person who has received a clearance pursuant to this section.

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.

I. Notwithstanding any other provision of law, a licensed adult day center 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 an employee in accordance with this section and (ii)
whether such employee is eligible for employment.

J. A licensed assisted living facility shall notify and provide all students a
copy of the provisions of this article prior to or upon enrollment in a
certified nurse aide program operated by such assisted living facility.

K. 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.

HISTORY: 1985, c. 360, § 63.1-198.1; 1986, cc. 300, 627; 1987, cc. 130, 131,
692, 693; 1992, cc. 746, 844, §§ 63.1-173.2, 63.1-194.13; 1993, cc. 17, 657,
730, 742, 957, 993; 1996, c. 747; 1998, cc. 551, 581; 1999, cc. 637, 740; 2001,
c. 778; 2002, c. 747; 2005, c. 723; 2006, cc. 701, 764; 2014, c. 129; 2015, cc.
758, 770; 2016, c. 632; 2017, cc. 189, 201, 751, 809; 2019, c. 89; 2020, cc.
860, 861; 2024, cc. 37, 150.