§ 63.2-1721. Background check upon application for licensure or registrationas child welfare agency; background check of foster or adoptive parentsapproved by child-placing agencies and family day homes approved by familyday systems; penalty.
A. Upon application for licensure or registration as a child welfare agency,(i) all applicants; (ii) agents at the time of application who are or will beinvolved in the day-to-day operations of the child welfare agency or who areor will be alone with, in control of, or supervising one or more of thechildren; and (iii) any other adult living in the home of an applicant forlicensure or registration as a family day home shall undergo a backgroundcheck. Upon application for licensure as an assisted living facility, allapplicants shall undergo a background check. In addition, foster or adoptiveparents requesting approval by child-placing agencies and operators of familyday homes requesting approval by family day systems, and any other adultresiding in the family day home or existing employee or volunteer of thefamily day home, shall undergo background checks pursuant to subsection Bprior to their approval.
B. Background checks pursuant to this section require:
1. A sworn statement or affirmation disclosing whether the person has acriminal conviction or is the subject of any pending criminal charges withinor outside the Commonwealth and whether or not the person has been thesubject of a founded complaint of child abuse or neglect within or outsidethe Commonwealth;
2. A criminal history record check through the Central Criminal RecordsExchange pursuant to § 19.2-389; and
3. In the case of child welfare agencies or adoptive or foster parents, asearch of the central registry maintained pursuant to § 63.2-1515 for anyfounded complaint of child abuse and neglect.
C. The character and reputation investigation pursuant to § 63.2-1702 shallinclude background checks pursuant to subsection B of persons specified insubsection A. The applicant shall submit the background check informationrequired in subsection B to the Commissioner's representative prior toissuance of a license, registration or approval. The applicant shall providean original criminal record clearance with respect to offenses specified in §63.2-1719 or an original criminal history record from the Central CriminalRecords Exchange. Any person making a materially false statement regardingthe sworn statement or affirmation provided pursuant to subdivision B 1 shallbe guilty of a Class 1 misdemeanor. If any person specified in subsection Arequired to have a background check has any offense as defined in §63.2-1719, and such person has not been granted a waiver by the Commissionerpursuant to § 63.2-1723 or is not subject to an exception in subsections E,F, or G (i) the Commissioner shall not issue a license or registration to achild welfare agency; (ii) the Commissioner shall not issue a license to anassisted living facility; (iii) a child-placing agency shall not approve anadoptive or foster home; or (iv) a family day system shall not approve afamily day home.
D. No person specified in subsection A shall be involved in the day-to-dayoperations of the child welfare agency or shall be alone with, in control of,or supervising one or more of the children without first having completedbackground checks pursuant to subsection B.
E. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as an adoptive or foster parent an applicantconvicted of not more than one misdemeanor as set out in § 18.2-57 notinvolving abuse, neglect, moral turpitude, or a minor, provided 10 years haveelapsed following the conviction.
F. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as a foster parent an applicant convicted ofstatutory burglary for breaking and entering a dwelling home or otherstructure with intent to commit larceny, who has had his civil rightsrestored by the Governor, provided 25 years have elapsed following theconviction.
G. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as an adoptive or foster parent an applicantconvicted of felony possession of drugs, who has had his civil rightsrestored by the Governor, provided 10 years have elapsed following theconviction.
H. If an applicant is denied licensure, registration or approval because ofinformation from the central registry or convictions appearing on hiscriminal history record, the Commissioner shall provide a copy of theinformation obtained from the central registry or the Central CriminalRecords Exchange or both to the applicant.
I. Further dissemination of the background check information is prohibitedother than to the Commissioner's representative or a federal or stateauthority or court as may be required to comply with an express requirementof law for such further dissemination.
J. The provisions of this section referring to a sworn statement oraffirmation and to prohibitions on the issuance of a license for any offenseshall not apply to any children's residential facility licensed pursuant to §63.2-1701, which instead shall comply with the background investigationrequirements contained in § 63.2-1726.
(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.)
§ 63.2-1721. Background check upon application for licensure or registrationas child welfare agency; background check of foster or adoptive parentsapproved by child-placing agencies and family day homes approved by familyday systems; penalty.
A. Upon application for licensure or registration as a child welfare agency,(i) all applicants; (ii) agents at the time of application who are or will beinvolved in the day-to-day operations of the child welfare agency or who areor will be alone with, in control of, or supervising one or more of thechildren; and (iii) any other adult living in the home of an applicant forlicensure or registration as a family day home shall undergo a backgroundcheck. Upon application for licensure as an assisted living facility, allapplicants shall undergo a background check. In addition, foster or adoptiveparents requesting approval by child-placing agencies and operators of familyday homes requesting approval by family day systems, and any other adultresiding in the family day home or existing employee or volunteer of thefamily day home, shall undergo background checks pursuant to subsection Bprior to their approval.
B. Background checks pursuant to this section require:
1. A sworn statement or affirmation disclosing whether the person has acriminal conviction or is the subject of any pending criminal charges withinor outside the Commonwealth and whether or not the person has been thesubject of a founded complaint of child abuse or neglect within or outsidethe Commonwealth;
2. A criminal history record check through the Central Criminal RecordsExchange pursuant to § 19.2-389; and
3. In the case of child welfare agencies or adoptive or foster parents, asearch of the central registry maintained pursuant to § 63.2-1515 for anyfounded complaint of child abuse and neglect.
C. The character and reputation investigation pursuant to § 63.2-1702 shallinclude background checks pursuant to subsection B of persons specified insubsection A. The applicant shall submit the background check informationrequired in subsection B to the Commissioner's representative prior toissuance of a license, registration or approval. The applicant shall providean original criminal record clearance with respect to offenses specified in §63.2-1719 or an original criminal history record from the Central CriminalRecords Exchange. Any person making a materially false statement regardingthe sworn statement or affirmation provided pursuant to subdivision B 1 shallbe guilty of a Class 1 misdemeanor. If any person specified in subsection Arequired to have a background check has any offense as defined in §63.2-1719, and such person has not been granted a waiver by the Commissionerpursuant to § 63.2-1723 or is not subject to an exception in subsections E,F, or G (i) the Commissioner shall not issue a license or registration to achild welfare agency; (ii) the Commissioner shall not issue a license to anassisted living facility; (iii) a child-placing agency shall not approve anadoptive or foster home; or (iv) a family day system shall not approve afamily day home.
D. No person specified in subsection A shall be involved in the day-to-dayoperations of the child welfare agency or shall be alone with, in control of,or supervising one or more of the children without first having completedbackground checks pursuant to subsection B.
E. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as an adoptive or foster parent an applicantconvicted of not more than one misdemeanor as set out in § 18.2-57 notinvolving abuse, neglect, moral turpitude, or a minor, provided 10 years haveelapsed following the conviction.
F. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as a foster parent an applicant convicted ofstatutory burglary for breaking and entering a dwelling home or otherstructure with intent to commit larceny, who has had his civil rightsrestored by the Governor, provided 25 years have elapsed following theconviction.
G. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as an adoptive or foster parent an applicantconvicted of felony possession of drugs, who has had his civil rightsrestored by the Governor, provided 10 years have elapsed following theconviction.
H. If an applicant is denied licensure, registration or approval because ofinformation from the central registry or convictions appearing on hiscriminal history record, the Commissioner shall provide a copy of theinformation obtained from the central registry or the Central CriminalRecords Exchange or both to the applicant.
I. Further dissemination of the background check information is prohibitedother than to the Commissioner's representative or a federal or stateauthority or court as may be required to comply with an express requirementof law for such further dissemination.
J. The provisions of this section referring to a sworn statement oraffirmation and to prohibitions on the issuance of a license for any offenseshall not apply to any children's residential facility licensed pursuant to §63.2-1701, which instead shall comply with the background investigationrequirements contained in § 63.2-1726.
(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.)
§ 63.2-1721. Background check upon application for licensure or registrationas child welfare agency; background check of foster or adoptive parentsapproved by child-placing agencies and family day homes approved by familyday systems; penalty.
A. Upon application for licensure or registration as a child welfare agency,(i) all applicants; (ii) agents at the time of application who are or will beinvolved in the day-to-day operations of the child welfare agency or who areor will be alone with, in control of, or supervising one or more of thechildren; and (iii) any other adult living in the home of an applicant forlicensure or registration as a family day home shall undergo a backgroundcheck. Upon application for licensure as an assisted living facility, allapplicants shall undergo a background check. In addition, foster or adoptiveparents requesting approval by child-placing agencies and operators of familyday homes requesting approval by family day systems, and any other adultresiding in the family day home or existing employee or volunteer of thefamily day home, shall undergo background checks pursuant to subsection Bprior to their approval.
B. Background checks pursuant to this section require:
1. A sworn statement or affirmation disclosing whether the person has acriminal conviction or is the subject of any pending criminal charges withinor outside the Commonwealth and whether or not the person has been thesubject of a founded complaint of child abuse or neglect within or outsidethe Commonwealth;
2. A criminal history record check through the Central Criminal RecordsExchange pursuant to § 19.2-389; and
3. In the case of child welfare agencies or adoptive or foster parents, asearch of the central registry maintained pursuant to § 63.2-1515 for anyfounded complaint of child abuse and neglect.
C. The character and reputation investigation pursuant to § 63.2-1702 shallinclude background checks pursuant to subsection B of persons specified insubsection A. The applicant shall submit the background check informationrequired in subsection B to the Commissioner's representative prior toissuance of a license, registration or approval. The applicant shall providean original criminal record clearance with respect to offenses specified in §63.2-1719 or an original criminal history record from the Central CriminalRecords Exchange. Any person making a materially false statement regardingthe sworn statement or affirmation provided pursuant to subdivision B 1 shallbe guilty of a Class 1 misdemeanor. If any person specified in subsection Arequired to have a background check has any offense as defined in §63.2-1719, and such person has not been granted a waiver by the Commissionerpursuant to § 63.2-1723 or is not subject to an exception in subsections E,F, or G (i) the Commissioner shall not issue a license or registration to achild welfare agency; (ii) the Commissioner shall not issue a license to anassisted living facility; (iii) a child-placing agency shall not approve anadoptive or foster home; or (iv) a family day system shall not approve afamily day home.
D. No person specified in subsection A shall be involved in the day-to-dayoperations of the child welfare agency or shall be alone with, in control of,or supervising one or more of the children without first having completedbackground checks pursuant to subsection B.
E. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as an adoptive or foster parent an applicantconvicted of not more than one misdemeanor as set out in § 18.2-57 notinvolving abuse, neglect, moral turpitude, or a minor, provided 10 years haveelapsed following the conviction.
F. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as a foster parent an applicant convicted ofstatutory burglary for breaking and entering a dwelling home or otherstructure with intent to commit larceny, who has had his civil rightsrestored by the Governor, provided 25 years have elapsed following theconviction.
G. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as an adoptive or foster parent an applicantconvicted of felony possession of drugs, who has had his civil rightsrestored by the Governor, provided 10 years have elapsed following theconviction.
H. If an applicant is denied licensure, registration or approval because ofinformation from the central registry or convictions appearing on hiscriminal history record, the Commissioner shall provide a copy of theinformation obtained from the central registry or the Central CriminalRecords Exchange or both to the applicant.
I. Further dissemination of the background check information is prohibitedother than to the Commissioner's representative or a federal or stateauthority or court as may be required to comply with an express requirementof law for such further dissemination.
J. The provisions of this section referring to a sworn statement oraffirmation and to prohibitions on the issuance of a license for any offenseshall not apply to any children's residential facility licensed pursuant to §63.2-1701, which instead shall comply with the background investigationrequirements contained in § 63.2-1726.
(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.)
