State Codes and Statutes
Statutes > Virginia > Title-63-2 > Chapter-17 > 63-2-1725§ 63.2-1725. Records checks of child day centers or family day homesreceiving federal, state or local child care funds; penalty.
Whenever any child day center or family day home that has not met therequirements of §§ 63.2-1720, 63.2-1721 and 63.2-1724 applies to enter into acontract with a local department to provide child care services to clients ofthe local department, the local department shall require a criminal recordscheck pursuant to subdivision A 11 of § 19.2-389, as well as a search of thecentral registry maintained pursuant to § 63.2-1515, on any child abuse orneglect investigation, of the applicant; any employee; prospective employee;volunteers; agents involved in the day-to-day operation; all agents who arealone with, in control of, or supervising one or more of the children; andany other adult living in a family day home. The applicant shall provide thelocal department with copies of these records checks. The child day center orfamily day home shall not be permitted to enter into a contract with a localdepartment for child care services when an applicant; any employee; aprospective employee; a volunteer, an agent involved in the day-to-dayoperation; an agent alone with, in control of, or supervising one or morechildren; or any other adult living in a family day home has any offense asdefined in § 63.2-1719. The child day center or family day home shall alsorequire the above individuals to provide a sworn statement or affirmationdisclosing whether or not the person has ever been (i) the subject of afounded case of child abuse or neglect or (ii) convicted of a crime or is thesubject of any pending criminal charges within the Commonwealth or anyequivalent offense outside the Commonwealth. Any person making a materiallyfalse statement regarding any such offense shall be guilty of a Class 1misdemeanor. If a person is denied employment or work because of informationfrom the central registry or convictions appearing on his criminal historyrecord, the child day center or family day program shall provide a copy ofsuch information obtained from the central registry or Central CriminalRecords Exchange or both to the person. Further dissemination of theinformation provided to the facility, beyond dissemination to the localdepartment, is prohibited.
(1999, c. 727, § 63.1-198.5; 2002, c. 747.)
