A. As used in this section, the term "direct consumer care position" meansany position that includes responsibility for (i) treatment, case management,health, safety, development, or well-being of a consumer or (ii) immediatelysupervising a person in a position with this responsibility.
As used in this section, "hire for compensated employment" does not include(i) a promotion from one adult substance abuse or adult mental healthtreatment position to another such position within the same communityservices board or (ii) new employment in an adult substance abuse or adultmental health treatment position in another office or program of the samecommunity services board if the person employed prior to July 1, 1999, had noconvictions in the five years prior to the application date for employment.As used in this section, "hire for compensated employment" includes (a) apromotion or transfer from an adult substance abuse treatment position to anymental health or mental retardation direct consumer care position within thesame community services board or (b) new employment in any mental health ormental retardation direct consumer care position in another office or programof the same community services board for which the person has previouslyworked in an adult substance abuse treatment position.
B. Every community services board shall require any applicant who acceptsemployment in any direct consumer care position with the community servicesboard to submit to fingerprinting and provide personal descriptiveinformation to be forwarded through the Central Criminal Records Exchange tothe Federal Bureau of Investigation (FBI) for the purpose of obtainingnational criminal history record information regarding the applicant. Exceptas otherwise provided in subsections C or E, no community services boardshall hire for compensated employment persons who have been convicted of anyoffense listed in subsection B of § 37.2-314.
The Central Criminal Records Exchange, upon receipt of an individual's recordor notification that no record exists, shall submit a report to therequesting executive director or personnel director of the community servicesboard. If any applicant is denied employment because of information appearingon the criminal history record and the applicant disputes the informationupon which the denial was based, the Central Criminal Records Exchange shall,upon written request, furnish to the applicant the procedures for obtaining acopy of the criminal history record from the FBI. The information provided tothe executive director or personnel director of any community services boardshall not be disseminated except as provided in this section.
C. Notwithstanding the provisions of subsection B, the community servicesboard may hire for compensated employment at adult substance abuse or adultmental health treatment programs a person who was convicted of a misdemeanorviolation relating to (i) unlawful hazing, as set out in § 18.2-56; (ii)reckless handling of a firearm, as set out in § 18.2-56.1; (iii) assault andbattery, as set out in subsection A of § 18.2-57; or (iv) assault and batteryagainst a family or household member, as set out in subsection A of §18.2-57.2; or any misdemeanor or felony violation related to (a) recklessendangerment of others by throwing objects, as set out in § 18.2-51.3; (b)threat, as set out in § 18.2-60; (c) breaking and entering a dwelling housewith intent to commit other misdemeanor, as set out in § 18.2-92; or (d)possession of burglarious tools, as set out in § 18.2-94; or any felonyviolation relating to the distribution of drugs, as set out in Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2, except an offense pursuant tosubsections H 1 or H 2 of § 18.2-248; or an equivalent offense in anotherstate, if the hiring community services board determines, based upon ascreening assessment, that the criminal behavior was substantially related tothe applicant's substance abuse or mental illness and that the person hasbeen successfully rehabilitated and is not a risk to consumers based on hiscriminal history background and his substance abuse or mental illness history.
D. The community services board and a screening contractor designated by theDepartment shall screen applicants who meet the criteria set forth insubsection C to assess whether the applicants have been rehabilitatedsuccessfully and are not a risk to consumers based on their criminal historybackgrounds and substance abuse or mental illness histories. To be eligiblefor such screening, the applicant shall have completed all prison or jailterms, shall not be under probation or parole supervision, shall have nopending charges in any locality, shall have paid all fines, restitution, andcourt costs for any prior convictions, and shall have been free of parole orprobation for at least five years for all convictions. In addition to anysupplementary information the community services board or screeningcontractor may require or the applicant may wish to present, the applicantshall provide to the screening contractor a statement from his most recentprobation or parole officer, if any, outlining his period of supervision anda copy of any pre-sentencing or post-sentencing report in connection with thefelony conviction. The cost of this screening shall be paid by the applicant,unless the board decides to pay the cost.
E. Notwithstanding the provisions of subsection B, a community services boardmay hire for compensated employment persons who have been convicted of notmore than one misdemeanor offense under § 18.2-57 or 18.2-57.2, if 10 yearshave elapsed following the conviction, unless the person committed theoffense while employed in a direct consumer care position.
F. Community services boards also shall require, as a condition of employmentfor all applicants, written consent and personal information necessary toobtain a search of the registry of founded complaints of child abuse andneglect that is maintained by the Department of Social Services pursuant to §63.2-1515.
G. The cost of obtaining the criminal history record and search of the childabuse and neglect registry record shall be borne by the applicant, unless thecommunity services board decides to pay the cost.
H. A person who complies in good faith with the provisions of this sectionshall not be liable for any civil damages for any act or omission in theperformance of duties under this section unless the act or omission was theresult of gross negligence or willful misconduct.
(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.)
A. As used in this section, the term "direct consumer care position" meansany position that includes responsibility for (i) treatment, case management,health, safety, development, or well-being of a consumer or (ii) immediatelysupervising a person in a position with this responsibility.
As used in this section, "hire for compensated employment" does not include(i) a promotion from one adult substance abuse or adult mental healthtreatment position to another such position within the same communityservices board or (ii) new employment in an adult substance abuse or adultmental health treatment position in another office or program of the samecommunity services board if the person employed prior to July 1, 1999, had noconvictions in the five years prior to the application date for employment.As used in this section, "hire for compensated employment" includes (a) apromotion or transfer from an adult substance abuse treatment position to anymental health or mental retardation direct consumer care position within thesame community services board or (b) new employment in any mental health ormental retardation direct consumer care position in another office or programof the same community services board for which the person has previouslyworked in an adult substance abuse treatment position.
B. Every community services board shall require any applicant who acceptsemployment in any direct consumer care position with the community servicesboard to submit to fingerprinting and provide personal descriptiveinformation to be forwarded through the Central Criminal Records Exchange tothe Federal Bureau of Investigation (FBI) for the purpose of obtainingnational criminal history record information regarding the applicant. Exceptas otherwise provided in subsections C or E, no community services boardshall hire for compensated employment persons who have been convicted of anyoffense listed in subsection B of § 37.2-314.
The Central Criminal Records Exchange, upon receipt of an individual's recordor notification that no record exists, shall submit a report to therequesting executive director or personnel director of the community servicesboard. If any applicant is denied employment because of information appearingon the criminal history record and the applicant disputes the informationupon which the denial was based, the Central Criminal Records Exchange shall,upon written request, furnish to the applicant the procedures for obtaining acopy of the criminal history record from the FBI. The information provided tothe executive director or personnel director of any community services boardshall not be disseminated except as provided in this section.
C. Notwithstanding the provisions of subsection B, the community servicesboard may hire for compensated employment at adult substance abuse or adultmental health treatment programs a person who was convicted of a misdemeanorviolation relating to (i) unlawful hazing, as set out in § 18.2-56; (ii)reckless handling of a firearm, as set out in § 18.2-56.1; (iii) assault andbattery, as set out in subsection A of § 18.2-57; or (iv) assault and batteryagainst a family or household member, as set out in subsection A of §18.2-57.2; or any misdemeanor or felony violation related to (a) recklessendangerment of others by throwing objects, as set out in § 18.2-51.3; (b)threat, as set out in § 18.2-60; (c) breaking and entering a dwelling housewith intent to commit other misdemeanor, as set out in § 18.2-92; or (d)possession of burglarious tools, as set out in § 18.2-94; or any felonyviolation relating to the distribution of drugs, as set out in Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2, except an offense pursuant tosubsections H 1 or H 2 of § 18.2-248; or an equivalent offense in anotherstate, if the hiring community services board determines, based upon ascreening assessment, that the criminal behavior was substantially related tothe applicant's substance abuse or mental illness and that the person hasbeen successfully rehabilitated and is not a risk to consumers based on hiscriminal history background and his substance abuse or mental illness history.
D. The community services board and a screening contractor designated by theDepartment shall screen applicants who meet the criteria set forth insubsection C to assess whether the applicants have been rehabilitatedsuccessfully and are not a risk to consumers based on their criminal historybackgrounds and substance abuse or mental illness histories. To be eligiblefor such screening, the applicant shall have completed all prison or jailterms, shall not be under probation or parole supervision, shall have nopending charges in any locality, shall have paid all fines, restitution, andcourt costs for any prior convictions, and shall have been free of parole orprobation for at least five years for all convictions. In addition to anysupplementary information the community services board or screeningcontractor may require or the applicant may wish to present, the applicantshall provide to the screening contractor a statement from his most recentprobation or parole officer, if any, outlining his period of supervision anda copy of any pre-sentencing or post-sentencing report in connection with thefelony conviction. The cost of this screening shall be paid by the applicant,unless the board decides to pay the cost.
E. Notwithstanding the provisions of subsection B, a community services boardmay hire for compensated employment persons who have been convicted of notmore than one misdemeanor offense under § 18.2-57 or 18.2-57.2, if 10 yearshave elapsed following the conviction, unless the person committed theoffense while employed in a direct consumer care position.
F. Community services boards also shall require, as a condition of employmentfor all applicants, written consent and personal information necessary toobtain a search of the registry of founded complaints of child abuse andneglect that is maintained by the Department of Social Services pursuant to §63.2-1515.
G. The cost of obtaining the criminal history record and search of the childabuse and neglect registry record shall be borne by the applicant, unless thecommunity services board decides to pay the cost.
H. A person who complies in good faith with the provisions of this sectionshall not be liable for any civil damages for any act or omission in theperformance of duties under this section unless the act or omission was theresult of gross negligence or willful misconduct.
(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.)
A. As used in this section, the term "direct consumer care position" meansany position that includes responsibility for (i) treatment, case management,health, safety, development, or well-being of a consumer or (ii) immediatelysupervising a person in a position with this responsibility.
As used in this section, "hire for compensated employment" does not include(i) a promotion from one adult substance abuse or adult mental healthtreatment position to another such position within the same communityservices board or (ii) new employment in an adult substance abuse or adultmental health treatment position in another office or program of the samecommunity services board if the person employed prior to July 1, 1999, had noconvictions in the five years prior to the application date for employment.As used in this section, "hire for compensated employment" includes (a) apromotion or transfer from an adult substance abuse treatment position to anymental health or mental retardation direct consumer care position within thesame community services board or (b) new employment in any mental health ormental retardation direct consumer care position in another office or programof the same community services board for which the person has previouslyworked in an adult substance abuse treatment position.
B. Every community services board shall require any applicant who acceptsemployment in any direct consumer care position with the community servicesboard to submit to fingerprinting and provide personal descriptiveinformation to be forwarded through the Central Criminal Records Exchange tothe Federal Bureau of Investigation (FBI) for the purpose of obtainingnational criminal history record information regarding the applicant. Exceptas otherwise provided in subsections C or E, no community services boardshall hire for compensated employment persons who have been convicted of anyoffense listed in subsection B of § 37.2-314.
The Central Criminal Records Exchange, upon receipt of an individual's recordor notification that no record exists, shall submit a report to therequesting executive director or personnel director of the community servicesboard. If any applicant is denied employment because of information appearingon the criminal history record and the applicant disputes the informationupon which the denial was based, the Central Criminal Records Exchange shall,upon written request, furnish to the applicant the procedures for obtaining acopy of the criminal history record from the FBI. The information provided tothe executive director or personnel director of any community services boardshall not be disseminated except as provided in this section.
C. Notwithstanding the provisions of subsection B, the community servicesboard may hire for compensated employment at adult substance abuse or adultmental health treatment programs a person who was convicted of a misdemeanorviolation relating to (i) unlawful hazing, as set out in § 18.2-56; (ii)reckless handling of a firearm, as set out in § 18.2-56.1; (iii) assault andbattery, as set out in subsection A of § 18.2-57; or (iv) assault and batteryagainst a family or household member, as set out in subsection A of §18.2-57.2; or any misdemeanor or felony violation related to (a) recklessendangerment of others by throwing objects, as set out in § 18.2-51.3; (b)threat, as set out in § 18.2-60; (c) breaking and entering a dwelling housewith intent to commit other misdemeanor, as set out in § 18.2-92; or (d)possession of burglarious tools, as set out in § 18.2-94; or any felonyviolation relating to the distribution of drugs, as set out in Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2, except an offense pursuant tosubsections H 1 or H 2 of § 18.2-248; or an equivalent offense in anotherstate, if the hiring community services board determines, based upon ascreening assessment, that the criminal behavior was substantially related tothe applicant's substance abuse or mental illness and that the person hasbeen successfully rehabilitated and is not a risk to consumers based on hiscriminal history background and his substance abuse or mental illness history.
D. The community services board and a screening contractor designated by theDepartment shall screen applicants who meet the criteria set forth insubsection C to assess whether the applicants have been rehabilitatedsuccessfully and are not a risk to consumers based on their criminal historybackgrounds and substance abuse or mental illness histories. To be eligiblefor such screening, the applicant shall have completed all prison or jailterms, shall not be under probation or parole supervision, shall have nopending charges in any locality, shall have paid all fines, restitution, andcourt costs for any prior convictions, and shall have been free of parole orprobation for at least five years for all convictions. In addition to anysupplementary information the community services board or screeningcontractor may require or the applicant may wish to present, the applicantshall provide to the screening contractor a statement from his most recentprobation or parole officer, if any, outlining his period of supervision anda copy of any pre-sentencing or post-sentencing report in connection with thefelony conviction. The cost of this screening shall be paid by the applicant,unless the board decides to pay the cost.
E. Notwithstanding the provisions of subsection B, a community services boardmay hire for compensated employment persons who have been convicted of notmore than one misdemeanor offense under § 18.2-57 or 18.2-57.2, if 10 yearshave elapsed following the conviction, unless the person committed theoffense while employed in a direct consumer care position.
F. Community services boards also shall require, as a condition of employmentfor all applicants, written consent and personal information necessary toobtain a search of the registry of founded complaints of child abuse andneglect that is maintained by the Department of Social Services pursuant to §63.2-1515.
G. The cost of obtaining the criminal history record and search of the childabuse and neglect registry record shall be borne by the applicant, unless thecommunity services board decides to pay the cost.
H. A person who complies in good faith with the provisions of this sectionshall not be liable for any civil damages for any act or omission in theperformance of duties under this section unless the act or omission was theresult of gross negligence or willful misconduct.
(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.)
