                                 CODE OF VIRGINIA

BACKGROUND CHECK REQUIRED; CHILDREN&#8217;S RESIDENTIAL FACILITIES (§
63.2-1726)

A. As a condition of employment, volunteering, or providing services on a
regular basis, every children&#8217;s residential facility that is regulated or
operated by the Departments of Social Services, Education, Military Affairs, or
Behavioral Health and Developmental Services shall require any individual who
(i) accepts a position of employment at such a facility, (ii) is employed by
such a facility, (iii) volunteers for such a facility, or (iv) provides
contractual services directly to a juvenile for such a facility to submit to
fingerprinting and to provide personal descriptive information, to be forwarded
along with the applicant&#8217;s fingerprints through the Central Criminal
Records Exchange to the Federal Bureau of Investigation for the purpose of
obtaining criminal history record information regarding such applicant. The
children&#8217;s residential facility shall inform the applicant that he is
entitled to obtain a copy of any background check report and to challenge the
accuracy and completeness of any such report and obtain a prompt resolution
before a final determination is made of the applicant&#8217;s eligibility to
have responsibility for the safety and well-being of children. The applicant
shall provide the children&#8217;s residential facility with a written statement
or affirmation disclosing whether he has ever been convicted of or is the
subject of pending charges for any offense within or outside the Commonwealth.
The results of the criminal history background check must be received prior to
permitting an applicant to work in the children&#8217;s residential facility.
			The Central Criminal Records Exchange, upon receipt of an individual&#8217;s
record or notification that no record exists, shall forward it to the state
agency which operates or regulates the children&#8217;s residential facility
with which the applicant is affiliated. The state agency shall, upon receipt of
an applicant&#8217;s record lacking disposition data, conduct research in
whatever state and local recordkeeping systems are available in order to obtain
complete data. The state agency shall report to the children&#8217;s facility
whether the applicant is eligible to have responsibility for the safety and
well-being of children. Except as otherwise provided in subsection B, no
children&#8217;s residential facility regulated or operated by the Departments
of Education, Behavioral Health and Developmental Services, Military Affairs, or
Social Services shall hire for compensated employment or allow to volunteer or
provide contractual services persons who have been convicted of or are the
subject of pending charges for (a) any offense set forth in clause (i), (ii),
(iii), or (v) 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, to be a volunteer, or to provide contractual services or (2) 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 provisions of this section also shall apply to
residential programs established pursuant to &#xA7; 16.1-309.3 for juvenile
offenders cited in a complaint for intake or in a petition before the court that
alleges the juvenile is delinquent or in need of services or supervision and to
local secure detention facilities, provided, however, that the provisions of
this section related to local secure detention facilities shall only apply to an
individual who, on or after July 1, 2013, accepts a position of employment at
such local secure detention facility, volunteers at such local secure detention
facility on a regular basis and will be alone with a juvenile in the performance
of his duties, or provides contractual services directly to a juvenile at a
local secure detention facility on a regular basis and will be alone with a
juvenile in the performance of his duties. The Central Criminal Records Exchange
and the state or local agency that regulates or operates the local secure
detention facility shall process the criminal history record information
regarding such applicant in accordance with this subsection and subsection B.

B. Notwithstanding the provisions of subsection A, a children&#8217;s
residential facility may hire for compensated employment or for volunteer or
contractual service purposes 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 such offense in the scope
of his employment, volunteer, or contractual services.
			If the applicant is denied employment or the opportunity to volunteer or
provide services at a children&#8217;s residential facility because of
information appearing on his criminal history record, and the applicant disputes
the information upon which the denial was based, upon written request of the
applicant the state agency shall furnish the applicant the procedures for
obtaining his criminal history record from the Federal Bureau of Investigation.
The information provided to the children&#8217;s residential facility shall not
be disseminated except as provided in this section.

C. Those individuals listed in clauses (i) through (iv) of subsection A also
shall authorize the children&#8217;s residential facility to obtain a copy of
information from the central registry maintained pursuant to &#xA7; 63.2-1515 on
any investigation of child abuse or neglect undertaken on him. The applicant
shall provide the children&#8217;s residential facility with a written statement
or affirmation disclosing whether he has ever been the subject of a founded case
of child abuse or neglect within or outside the Commonwealth. The
children&#8217;s residential facility shall receive the results of the central
registry search prior to permitting an applicant to work. Children&#8217;s
residential facilities regulated or operated by the Departments of Education;
Behavioral Health and Developmental Services; Military Affairs; and Social
Services shall not hire for compensated employment or allow to volunteer or
provide contractual services, persons who have a founded case of child abuse or
neglect. Every residential facility for juveniles which is regulated or operated
by the Department of Juvenile Justice shall be authorized to obtain a copy of
the information from the central registry.

D. The Boards of Social Services; Education; Juvenile Justice; and Behavioral
Health and Developmental Services, and the Department of Military Affairs, may
adopt regulations to comply with the provisions of this section. Copies of any
information received by a children&#8217;s residential facility pursuant to this
section shall be available to the agency that regulates or operates such
facility but shall not be disseminated further. The cost of obtaining the
criminal history record and the central registry information shall be borne by
the employee or volunteer unless the children&#8217;s residential facility, at
its option, decides to pay the cost.

HISTORY: 1994, c. 704, § 63.1-248.7:2; 1996, c. 747; 2001, c. 138; 2002, c.
747; 2007, c. 573; 2009, cc. 813, 840; 2012, c. 383; 2013, cc. 96, 181; 2016, c.
580; 2017, c. 809; 2019, cc. 100, 282.