                                 CODE OF VIRGINIA

BACKGROUND CHECK UPON APPLICATION FOR LICENSURE AS A CHILD-PLACING AGENCY, ETC.;
PENALTY (§ 63.2-1721)

A. Upon application for licensure as a child-placing agency or independent
foster home, (i) all applicants and (ii) agents at the time of application who
are or will be involved in the day-to-day operations of the child-placing agency
or independent foster home or who are or will be alone with, in control of, or
supervising one or more of the children shall undergo a background check
pursuant to subsection B. Upon application for licensure as an assisted living
facility, all applicants shall undergo a background check pursuant to subsection
B. In addition, foster or adoptive parents requesting approval by child-placing
agencies shall undergo background checks pursuant to subsection B prior to their
approval.

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

C. The person required to have a background check pursuant to subsection A shall
submit the background check information required in subsection B to the
Commissioner&#8217;s representative prior to issuance of a license, registration
or approval. The applicant, other than an applicant for licensure as an assisted
living facility, shall provide 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. An applicant
for licensure as an assisted living facility shall provide an original criminal
record clearance with respect to 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. Any person making a
materially false statement regarding the sworn statement or affirmation provided
pursuant to subdivision B 1 is guilty of a Class 1 misdemeanor. If any person
specified in subsection A, other than an applicant for licensure as an assisted
living facility, required to have a background check (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,
and such person has not been granted a waiver by the Commissioner pursuant to
&#xA7; 63.2-1723 or is not subject to an exception in subsection E, F, G, or H,
(a) the Commissioner shall not issue a license to a child-placing agency or
independent foster home or (b) a child-placing agency shall not approve an
adoptive or foster home. If any applicant for licensure as an assisted living
facility required to have a background check has been convicted of any offense
set forth in clause (i) of the definition of barrier crime in &#xA7;
19.2-392.02, the Commissioner shall not issue a license to an assisted living
facility.

D. No person specified in subsection A shall be involved in the day-to-day
operations of a licensed child-placing agency or independent foster home; be
alone with, in control of, or supervising one or more children receiving
services from a licensed child-placing agency or independent foster home; or be
permitted to work in a position that involves direct contact with a person
receiving services without first having completed background checks pursuant to
subsection B unless such person is directly supervised by another person for
whom a background check has been completed in accordance with the requirements
of this section.

E. Notwithstanding any provision to the contrary contained in this section, a
child-placing agency may approve as an adoptive or foster parent an applicant
who has been convicted of not more than one misdemeanor offense as set out in
&#xA7; 18.2-57, or any substantially similar offense under the laws of another
jurisdiction, not involving abuse, neglect, moral turpitude, or a minor,
provided that 10 years have elapsed following the conviction.

F. Notwithstanding any provision to the contrary contained in this section, a
child-placing agency may approve as a foster parent an applicant who has been
convicted of statutory burglary for breaking and entering a dwelling home or
other structure with intent to commit larceny, or any substantially similar
offense under the laws of another jurisdiction, who has had his civil rights
restored by the Governor or other appropriate authority, provided that 25 years
have elapsed following the conviction.

G. Notwithstanding any provision to the contrary contained in this section, a
child-placing agency may approve as an adoptive or foster parent an applicant
convicted of any offense set forth in clause (iv) of the definition of barrier
crime in &#xA7; 19.2-392.02 who has had his civil rights restored by the
Governor or other appropriate authority, provided that 10 years have elapsed
following the conviction, or eight years have elapsed following the conviction
and the applicant (i) has complied with all obligations imposed by the criminal
court; (ii) has completed a substance abuse treatment program; (iii) has
completed a drug test administered by a laboratory or medical professional
within 90 days prior to being approved, and such test returned with a negative
result; and (iv) complies with any other obligations as determined by the
Department.

H. Notwithstanding any provision to the contrary contained in this section, a
child-placing agency may approve as an adoptive or foster parent an applicant
convicted of any offense set forth in clause (iii) of the definition of barrier
crime in &#xA7; 19.2-392.02 who has had his civil rights restored by the
Governor or other appropriate authority, provided that 20 years have elapsed
following the conviction.

I. If an applicant is denied licensure, registration or approval because of
information from the central registry or convictions appearing on his criminal
history record, the Commissioner shall provide a copy of the information
obtained from the central registry or the Central Criminal Records Exchange or
both to the applicant.

J. 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.

HISTORY: Code 1950, §§ 63-235, 63-236; 1968, cc. 578, 585, §§ 63.1-198,
63.1-199; 1975, c. 439; 1985, c. 360, § 63.1-198.1; 1986, cc. 300, 627; 1987,
cc. 130, 131, 692, 693; 1992, c. 746; 1993, cc. 730, 742; 1995, c. 401; 1996, c.
747; 1997, c. 427; 1998, cc. 551, 581; 1999, c. 740; 2001, c. 778; 2002, c. 747;
2004, c. 714; 2005, cc. 610, 722, 924; 2006, c. 885; 2014, c. 129; 2015, cc.
364, 758, 770; 2017, cc. 189, 751, 809; 2018, cc. 369, 573; 2020, cc. 860, 861.