§ 63.2-901.1. Criminal history and central registry check for placements ofchildren.
A. Each local board and licensed child-placing agency shall obtain, inaccordance with regulations adopted by the Board, criminal history recordinformation from the Central Criminal Records Exchange and the Federal Bureauof Investigation through the Central Criminal Records Exchange and theresults of a search of the child abuse and neglect central registry of anyindividual with whom the local board or licensed child-placing agency isconsidering placing a child on an emergency, temporary or permanent basis,including the birth parent of a child in foster care placement, unless thebirth parent has revoked an entrustment agreement pursuant to § 63.2-1223 or§ 63.2-1817 or a local board or birth parent revokes a placement agreementwhile legal custody remains with the parent, parents, or guardians pursuantto § 63.2-900. The local board or licensed child-placing agency may alsoobtain such background checks on all adult household members residing in thehome of the individual with whom the child is to be placed pursuant tosubsection B. Such state criminal records or registry search shall be at nocost to the individual. The local board or licensed child-placing agency mustpay for the national fingerprint criminal history record check or may requiresuch individual to pay the cost of the fingerprinting or the nationalfingerprinting criminal history record check or both. In addition to the feesassessed by the Federal Bureau of Investigation, the designated state agencymay assess a fee for responding to requests required by this section.
B. Background checks pursuant to this section require the following:
1. A sworn statement or affirmation disclosing whether or not the individualhas a criminal conviction or is the subject of any pending criminal chargeswithin or outside the Commonwealth and whether or not the individual has beenthe subject of a founded complaint of child abuse or neglect within oroutside the Commonwealth;
2. That the individual submit to fingerprinting and provide personaldescriptive information to be forwarded along with the individual'sfingerprints through the Central Criminal Records Exchange to the FederalBureau of Investigation for the purpose of obtaining criminal history recordinformation. The local board or licensed child-placing agency shall informthe individual that he is entitled to obtain a copy of any background checkreport and to challenge the accuracy and completeness of any such report andobtain a prompt resolution before a final decision is made of theindividual's fitness to have responsibility for the safety and well-being ofchildren.
The Central Criminal Records Exchange, upon receipt of an individual's recordor notification that no record exists, shall forward it to the designatedstate agency. The state agency shall, upon receipt of an individual's recordlacking disposition data, conduct research in whatever state and localrecordkeeping systems are available in order to obtain complete data. Thestate agency shall report to the local board or licensed child-placing agencywhether the individual meets the criteria for having responsibility for thesafety and well-being of children based on whether or not the individual hasever been convicted of or is the subject of pending charges set forth in §63.2-1719 or an equivalent set forth in another state. Copies of anyinformation received by a local board or licensed child-placing agencypursuant to this section shall be available to the state agency thatregulates or operates such a child-placing agency but shall not bedisseminated further; and
3. A search of the central registry maintained pursuant to § 63.2-1515 forany founded complaint of child abuse or neglect. In addition, a search of thechild abuse and neglect registry maintained by any other state pursuant tothe Adam Walsh Child Protection and Safety Act of 2006 Pub. L. 109-248 inwhich a prospective parent or other adult in the home has resided in thepreceding five years.
C. In emergency circumstances, each local board may obtain, from a criminaljustice agency, criminal history record information from the Central CriminalRecords Exchange and the Federal Bureau of Investigation through the VirginiaCriminal Information Network (VCIN) for the criminal records searchauthorized by this section. Within three days of placing a child, the localboard shall require the individual for whom a criminal history recordinformation check was requested to submit to fingerprinting and providepersonal descriptive information to be forwarded along with the fingerprintsthrough the Central Criminal Records Exchange to the Federal Bureau ofInvestigation for the purpose of obtaining criminal record historyinformation, pursuant to subsection B. The child shall be removed from thehome immediately if any adult resident fails to provide such fingerprints andwritten permission to perform a criminal history record check when requested.
D. Any individual with whom the local board is considering placing a child onan emergency basis shall submit to a search of the central registrymaintained pursuant to § 63.2-1515 and the Adam Walsh Child Protection andSafety Act of 2006, Pub. L. 109-248 for any founded complaint of child abuseor neglect. The search of the central registry must occur prior to emergencyplacement. Such central registry search shall be at no cost to theindividual. Prior to emergency placement, the individual shall provide awritten statement of affirmation disclosing whether he has ever been thesubject of a founded case of child abuse or neglect within or outside theCommonwealth. Child-placing agencies shall not approve individuals with afounded complaint of child abuse as foster or adoptive parents.
E. The child-placing agency shall not approve a foster or adoptive home ifany individual has a record of an offense defined in § 63.2-1719 or a foundedcomplaint of abuse or neglect as maintained in registries pursuant to §63.2-1515 and 42 U.S.C.S. 16901 et seq. A child-placing agency may approve asa foster parent an applicant convicted of not more than one misdemeanor asset out in § 18.2-57, not involving the abuse, neglect, or moral turpitude ofa minor, provided 10 years have elapsed following the conviction.
(2002, cc. 587, 606, § 63.1-56.01; 2005, c. 722; 2006, c. 558; 2007, cc. 606,617, 623, 871.)
§ 63.2-901.1. Criminal history and central registry check for placements ofchildren.
A. Each local board and licensed child-placing agency shall obtain, inaccordance with regulations adopted by the Board, criminal history recordinformation from the Central Criminal Records Exchange and the Federal Bureauof Investigation through the Central Criminal Records Exchange and theresults of a search of the child abuse and neglect central registry of anyindividual with whom the local board or licensed child-placing agency isconsidering placing a child on an emergency, temporary or permanent basis,including the birth parent of a child in foster care placement, unless thebirth parent has revoked an entrustment agreement pursuant to § 63.2-1223 or§ 63.2-1817 or a local board or birth parent revokes a placement agreementwhile legal custody remains with the parent, parents, or guardians pursuantto § 63.2-900. The local board or licensed child-placing agency may alsoobtain such background checks on all adult household members residing in thehome of the individual with whom the child is to be placed pursuant tosubsection B. Such state criminal records or registry search shall be at nocost to the individual. The local board or licensed child-placing agency mustpay for the national fingerprint criminal history record check or may requiresuch individual to pay the cost of the fingerprinting or the nationalfingerprinting criminal history record check or both. In addition to the feesassessed by the Federal Bureau of Investigation, the designated state agencymay assess a fee for responding to requests required by this section.
B. Background checks pursuant to this section require the following:
1. A sworn statement or affirmation disclosing whether or not the individualhas a criminal conviction or is the subject of any pending criminal chargeswithin or outside the Commonwealth and whether or not the individual has beenthe subject of a founded complaint of child abuse or neglect within oroutside the Commonwealth;
2. That the individual submit to fingerprinting and provide personaldescriptive information to be forwarded along with the individual'sfingerprints through the Central Criminal Records Exchange to the FederalBureau of Investigation for the purpose of obtaining criminal history recordinformation. The local board or licensed child-placing agency shall informthe individual that he is entitled to obtain a copy of any background checkreport and to challenge the accuracy and completeness of any such report andobtain a prompt resolution before a final decision is made of theindividual's fitness to have responsibility for the safety and well-being ofchildren.
The Central Criminal Records Exchange, upon receipt of an individual's recordor notification that no record exists, shall forward it to the designatedstate agency. The state agency shall, upon receipt of an individual's recordlacking disposition data, conduct research in whatever state and localrecordkeeping systems are available in order to obtain complete data. Thestate agency shall report to the local board or licensed child-placing agencywhether the individual meets the criteria for having responsibility for thesafety and well-being of children based on whether or not the individual hasever been convicted of or is the subject of pending charges set forth in §63.2-1719 or an equivalent set forth in another state. Copies of anyinformation received by a local board or licensed child-placing agencypursuant to this section shall be available to the state agency thatregulates or operates such a child-placing agency but shall not bedisseminated further; and
3. A search of the central registry maintained pursuant to § 63.2-1515 forany founded complaint of child abuse or neglect. In addition, a search of thechild abuse and neglect registry maintained by any other state pursuant tothe Adam Walsh Child Protection and Safety Act of 2006 Pub. L. 109-248 inwhich a prospective parent or other adult in the home has resided in thepreceding five years.
C. In emergency circumstances, each local board may obtain, from a criminaljustice agency, criminal history record information from the Central CriminalRecords Exchange and the Federal Bureau of Investigation through the VirginiaCriminal Information Network (VCIN) for the criminal records searchauthorized by this section. Within three days of placing a child, the localboard shall require the individual for whom a criminal history recordinformation check was requested to submit to fingerprinting and providepersonal descriptive information to be forwarded along with the fingerprintsthrough the Central Criminal Records Exchange to the Federal Bureau ofInvestigation for the purpose of obtaining criminal record historyinformation, pursuant to subsection B. The child shall be removed from thehome immediately if any adult resident fails to provide such fingerprints andwritten permission to perform a criminal history record check when requested.
D. Any individual with whom the local board is considering placing a child onan emergency basis shall submit to a search of the central registrymaintained pursuant to § 63.2-1515 and the Adam Walsh Child Protection andSafety Act of 2006, Pub. L. 109-248 for any founded complaint of child abuseor neglect. The search of the central registry must occur prior to emergencyplacement. Such central registry search shall be at no cost to theindividual. Prior to emergency placement, the individual shall provide awritten statement of affirmation disclosing whether he has ever been thesubject of a founded case of child abuse or neglect within or outside theCommonwealth. Child-placing agencies shall not approve individuals with afounded complaint of child abuse as foster or adoptive parents.
E. The child-placing agency shall not approve a foster or adoptive home ifany individual has a record of an offense defined in § 63.2-1719 or a foundedcomplaint of abuse or neglect as maintained in registries pursuant to §63.2-1515 and 42 U.S.C.S. 16901 et seq. A child-placing agency may approve asa foster parent an applicant convicted of not more than one misdemeanor asset out in § 18.2-57, not involving the abuse, neglect, or moral turpitude ofa minor, provided 10 years have elapsed following the conviction.
(2002, cc. 587, 606, § 63.1-56.01; 2005, c. 722; 2006, c. 558; 2007, cc. 606,617, 623, 871.)
§ 63.2-901.1. Criminal history and central registry check for placements ofchildren.
A. Each local board and licensed child-placing agency shall obtain, inaccordance with regulations adopted by the Board, criminal history recordinformation from the Central Criminal Records Exchange and the Federal Bureauof Investigation through the Central Criminal Records Exchange and theresults of a search of the child abuse and neglect central registry of anyindividual with whom the local board or licensed child-placing agency isconsidering placing a child on an emergency, temporary or permanent basis,including the birth parent of a child in foster care placement, unless thebirth parent has revoked an entrustment agreement pursuant to § 63.2-1223 or§ 63.2-1817 or a local board or birth parent revokes a placement agreementwhile legal custody remains with the parent, parents, or guardians pursuantto § 63.2-900. The local board or licensed child-placing agency may alsoobtain such background checks on all adult household members residing in thehome of the individual with whom the child is to be placed pursuant tosubsection B. Such state criminal records or registry search shall be at nocost to the individual. The local board or licensed child-placing agency mustpay for the national fingerprint criminal history record check or may requiresuch individual to pay the cost of the fingerprinting or the nationalfingerprinting criminal history record check or both. In addition to the feesassessed by the Federal Bureau of Investigation, the designated state agencymay assess a fee for responding to requests required by this section.
B. Background checks pursuant to this section require the following:
1. A sworn statement or affirmation disclosing whether or not the individualhas a criminal conviction or is the subject of any pending criminal chargeswithin or outside the Commonwealth and whether or not the individual has beenthe subject of a founded complaint of child abuse or neglect within oroutside the Commonwealth;
2. That the individual submit to fingerprinting and provide personaldescriptive information to be forwarded along with the individual'sfingerprints through the Central Criminal Records Exchange to the FederalBureau of Investigation for the purpose of obtaining criminal history recordinformation. The local board or licensed child-placing agency shall informthe individual that he is entitled to obtain a copy of any background checkreport and to challenge the accuracy and completeness of any such report andobtain a prompt resolution before a final decision is made of theindividual's fitness to have responsibility for the safety and well-being ofchildren.
The Central Criminal Records Exchange, upon receipt of an individual's recordor notification that no record exists, shall forward it to the designatedstate agency. The state agency shall, upon receipt of an individual's recordlacking disposition data, conduct research in whatever state and localrecordkeeping systems are available in order to obtain complete data. Thestate agency shall report to the local board or licensed child-placing agencywhether the individual meets the criteria for having responsibility for thesafety and well-being of children based on whether or not the individual hasever been convicted of or is the subject of pending charges set forth in §63.2-1719 or an equivalent set forth in another state. Copies of anyinformation received by a local board or licensed child-placing agencypursuant to this section shall be available to the state agency thatregulates or operates such a child-placing agency but shall not bedisseminated further; and
3. A search of the central registry maintained pursuant to § 63.2-1515 forany founded complaint of child abuse or neglect. In addition, a search of thechild abuse and neglect registry maintained by any other state pursuant tothe Adam Walsh Child Protection and Safety Act of 2006 Pub. L. 109-248 inwhich a prospective parent or other adult in the home has resided in thepreceding five years.
C. In emergency circumstances, each local board may obtain, from a criminaljustice agency, criminal history record information from the Central CriminalRecords Exchange and the Federal Bureau of Investigation through the VirginiaCriminal Information Network (VCIN) for the criminal records searchauthorized by this section. Within three days of placing a child, the localboard shall require the individual for whom a criminal history recordinformation check was requested to submit to fingerprinting and providepersonal descriptive information to be forwarded along with the fingerprintsthrough the Central Criminal Records Exchange to the Federal Bureau ofInvestigation for the purpose of obtaining criminal record historyinformation, pursuant to subsection B. The child shall be removed from thehome immediately if any adult resident fails to provide such fingerprints andwritten permission to perform a criminal history record check when requested.
D. Any individual with whom the local board is considering placing a child onan emergency basis shall submit to a search of the central registrymaintained pursuant to § 63.2-1515 and the Adam Walsh Child Protection andSafety Act of 2006, Pub. L. 109-248 for any founded complaint of child abuseor neglect. The search of the central registry must occur prior to emergencyplacement. Such central registry search shall be at no cost to theindividual. Prior to emergency placement, the individual shall provide awritten statement of affirmation disclosing whether he has ever been thesubject of a founded case of child abuse or neglect within or outside theCommonwealth. Child-placing agencies shall not approve individuals with afounded complaint of child abuse as foster or adoptive parents.
E. The child-placing agency shall not approve a foster or adoptive home ifany individual has a record of an offense defined in § 63.2-1719 or a foundedcomplaint of abuse or neglect as maintained in registries pursuant to §63.2-1515 and 42 U.S.C.S. 16901 et seq. A child-placing agency may approve asa foster parent an applicant convicted of not more than one misdemeanor asset out in § 18.2-57, not involving the abuse, neglect, or moral turpitude ofa minor, provided 10 years have elapsed following the conviction.
(2002, cc. 587, 606, § 63.1-56.01; 2005, c. 722; 2006, c. 558; 2007, cc. 606,617, 623, 871.)
