Bill Text: VA SB1055 | 2015 | Regular Session | Comm Sub
Bill Title: Child welfare agencies; background checks, barrier crimes.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2015-02-24 - Left in Appropriations [SB1055 Detail]
Download: Virginia-2015-SB1055-Comm_Sub.html
15104707D
Be it enacted by the General Assembly of Virginia: 1. That §§19.2-389, 19.2-392.02, 63.2-901.1, 63.2-1702, 63.2-1720 through 63.2-1725, and 63.2-1727 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 63.2-1720.1 and 63.2-1721.1 as follows: §19.2-389. Dissemination of criminal history record information. A. Criminal history record information shall be disseminated, whether directly or through an intermediary, only to: 1. Authorized officers or employees of criminal justice agencies, as defined by §9.1-101, for purposes of the administration of criminal justice and the screening of an employment application or review of employment by a criminal justice agency with respect to its own employees or applicants, and dissemination to the Virginia Parole Board, pursuant to this subdivision, of such information on all state-responsible inmates for the purpose of making parole determinations pursuant to subdivisions 1, 2, 3, and 5 of §53.1-136 shall include collective dissemination by electronic means every 30 days; 2. Such other individuals and agencies that require criminal history record information to implement a state or federal statute or executive order of the President of the United States or Governor that expressly refers to criminal conduct and contains requirements or exclusions expressly based upon such conduct, except that information concerning the arrest of an individual may not be disseminated to a noncriminal justice agency or individual if an interval of one year has elapsed from the date of the arrest and no disposition of the charge has been recorded and no active prosecution of the charge is pending; 3. Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement which shall specifically authorize access to data, limit the use of data to purposes for which given, and ensure the security and confidentiality of the data; 4. Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency that shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and ensure the confidentiality and security of the data; 5. Agencies of state or federal government that are authorized by state or federal statute or executive order of the President of the United States or Governor to conduct investigations determining employment suitability or eligibility for security clearances allowing access to classified information; 6. Individuals and agencies where authorized by court order or court rule; 7. Agencies of any political subdivision of the Commonwealth, public transportation companies owned, operated or controlled by any political subdivision, and any public service corporation that operates a public transit system owned by a local government for the conduct of investigations of applicants for employment, permit, or license whenever, in the interest of public welfare or safety, it is necessary to determine under a duly enacted ordinance if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment, permit, or license under consideration; 7a. Commissions created pursuant to the Transportation District Act of 1964 (§33.2-1900 et seq.) of Title 33.2 and their contractors, for the conduct of investigations of individuals who have been offered a position of employment whenever, in the interest of public welfare or safety and as authorized in the Transportation District Act of 1964, it is necessary to determine if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment under consideration; 8. Public or private agencies when authorized or required by federal or state law or interstate compact to investigate (i) applicants for foster or adoptive parenthood or (ii) any individual, and the adult members of that individual's household, with whom the agency is considering placing a child or from whom the agency is considering removing a child due to abuse or neglect, on an emergency, temporary, or permanent basis pursuant to §§ 63.2-901.1 and 63.2-1505, subject to the restriction that the data shall not be further disseminated to any party other than a federal or state authority or court as may be required to comply with an express requirement of law; 9. To the extent permitted by federal law or regulation, public service companies as defined in §56-1, for the conduct of investigations of applicants for employment when such employment involves personal contact with the public or when past criminal conduct of an applicant would be incompatible with the nature of the employment under consideration; 10. The appropriate authority for purposes of granting citizenship and for purposes of international travel, including, but not limited to, issuing visas and passports; 11. A person requesting a copy of his own criminal history record information as defined in §9.1-101 at his cost, except that criminal history record information shall be supplied at no charge to a person who has applied to be a volunteer with (i) a Virginia affiliate of Big Brothers/Big Sisters of America; (ii) a volunteer fire company; (iii) the Volunteer Emergency Families for Children; (iv) any affiliate of Prevent Child Abuse, Virginia; (v) any Virginia affiliate of Compeer; or (vi) any board member or any individual who has been offered membership on the board of a Crime Stoppers, Crime Solvers or Crime Line program as defined in §15.2-1713.1; 12. Administrators and board presidents of and applicants for
licensure or registration as a child welfare agency as defined in §63.2-100
for dissemination to the Commissioner of Social Services' representative
pursuant to §63.2-1702 for the conduct of investigations with respect to
employees of and volunteers at such facilities, caretakers, and other adults
living in family day 13. The school boards of the Commonwealth for the purpose of screening individuals who are offered or who accept public school employment and those current school board employees for whom a report of arrest has been made pursuant to §19.2-83.1; 14. The Virginia Lottery for the conduct of investigations as set forth in the Virginia Lottery Law (§58.1-4000 et seq.), and the Department of Agriculture and Consumer Services for the conduct of investigations as set forth in Article 1.1:1 (§18.2-340.15 et seq.) of Chapter 8 of Title 18.2; 15. Licensed nursing homes, hospitals and home care organizations for the conduct of investigations of applicants for compensated employment in licensed nursing homes pursuant to §32.1-126.01, hospital pharmacies pursuant to §32.1-126.02, and home care organizations pursuant to § 32.1-162.9:1, subject to the limitations set out in subsection E; 16. Licensed 17. The Alcoholic Beverage Control Board for the conduct of investigations as set forth in §4.1-103.1; 18. The State Board of Elections and authorized officers and employees thereof and general registrars appointed pursuant to §24.2-110 in the course of conducting necessary investigations with respect to voter registration, limited to any record of felony convictions; 19. The Commissioner of Behavioral Health and Developmental Services for those individuals who are committed to the custody of the Commissioner pursuant to §§19.2-169.2, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, and 19.2-182.9 for the purpose of placement, evaluation, and treatment planning; 20. Any alcohol safety action program certified by the Commission on the Virginia Alcohol Safety Action Program for (i) assessments of habitual offenders under §46.2-360, (ii) interventions with first offenders under §18.2-251, or (iii) services to offenders under §18.2-51.4, 18.2-266, or 18.2-266.1; 21. Residential facilities for juveniles regulated or operated by the Department of Social Services, the Department of Education, or the Department of Behavioral Health and Developmental Services for the purpose of determining applicants' fitness for employment or for providing volunteer or contractual services; 22. The Department of Behavioral Health and Developmental Services and facilities operated by the Department for the purpose of determining an individual's fitness for employment pursuant to departmental instructions; 23. Pursuant to §22.1-296.3, the governing boards or administrators of private or religious elementary or secondary schools which are accredited by a statewide accrediting organization recognized, prior to January 1, 1996, by the State Board of Education or a private organization coordinating such records information on behalf of such governing boards or administrators pursuant to a written agreement with the Department of State Police; 24. Public and nonprofit private colleges and universities for the purpose of screening individuals who are offered or accept employment; 25. Members of a threat assessment team established by a public institution of higher education pursuant to §23-9.2:10 or by a private nonprofit institution of higher education, for the purpose of assessing or intervening with an individual whose behavior may present a threat to safety; however, no member of a threat assessment team shall redisclose any criminal history record information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose that such disclosure was made to the threat assessment team; 26. Executive directors of community services boards or the personnel director serving the community services board for the purpose of determining an individual's fitness for employment pursuant to §§37.2-506 and 37.2-607; 27. Executive directors of behavioral health authorities as defined in §37.2-600 for the purpose of determining an individual's fitness for employment pursuant to §§37.2-506 and 37.2-607; 28. The Commissioner of Social Services for the purpose of locating persons who owe child support or who are alleged in a pending paternity proceeding to be a putative father, provided that only the name, address, demographics and social security number of the data subject shall be released; 29. Authorized officers or directors of agencies licensed pursuant to Article 2 (§37.2-403 et seq.) of Chapter 4 of Title 37.2 by the Department of Behavioral Health and Developmental Services for the purpose of determining if any applicant who accepts employment in any direct care position has been convicted of a crime that affects his fitness to have responsibility for the safety and well-being of individuals with mental illness, intellectual disability, or substance abuse pursuant to §§37.2-416, 37.2-506, and 37.2-607; 30. The Commissioner of the Department of Motor Vehicles, for the purpose of evaluating applicants for and holders of a motor carrier certificate or license subject to the provisions of Chapters 20 (§46.2-2000 et seq.) and 21 (§46.2-2100 et seq.) of Title 46.2; 31. The chairmen of the Committees for Courts of Justice of the Senate or the House of Delegates for the purpose of determining if any person being considered for election to any judgeship has been convicted of a crime; 32. Heads of state agencies in which positions have been identified as sensitive for the purpose of determining an individual's fitness for employment in positions designated as sensitive under Department of Human Resource Management policies developed pursuant to §2.2-1201.1. Dissemination of criminal history record information to the agencies shall be limited to those positions generally described as directly responsible for the health, safety and welfare of the general populace or protection of critical infrastructures; 33. The Office of the Attorney General, for all criminal justice activities otherwise permitted under subdivision A 1 and for purposes of performing duties required by the Civil Commitment of Sexually Violent Predators Act (§37.2-900 et seq.); 34. Shipyards, to the extent permitted by federal law or regulation, engaged in the design, construction, overhaul, or repair of nuclear vessels for the United States Navy, including their subsidiary companies, for the conduct of investigations of applications for employment or for access to facilities, by contractors, leased laborers, and other visitors; 35. Any employer of individuals whose employment requires that they enter the homes of others, for the purpose of screening individuals who apply for, are offered, or have accepted such employment; 36. Public agencies when and as required by federal or state law to investigate (i) applicants as providers of adult foster care and home-based services or (ii) any individual with whom the agency is considering placing an adult on an emergency, temporary, or permanent basis pursuant to § 63.2-1601.1, subject to the restriction that the data shall not be further disseminated by the agency to any party other than a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination, subject to limitations set out in subsection G; 37. The Department of Medical Assistance Services, or its designee, for the purpose of screening individuals who, through contracts, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position related to the provision of transportation services to enrollees in the Medicaid Program or the Family Access to Medical Insurance Security (FAMIS) Program, or any other program administered by the Department of Medical Assistance Services; 38. The State Corporation Commission for the purpose of investigating individuals who are current or proposed members, senior officers, directors, and principals of an applicant or person licensed under Chapter 16 (§6.2-1600 et seq.) or Chapter 19 (§6.2-1900 et seq.) of Title 6.2. Notwithstanding any other provision of law, if an application is denied based in whole or in part on information obtained from the Central Criminal Records Exchange pursuant to Chapter 16 or 19 of Title 6.2, the Commissioner of Financial Institutions or his designee may disclose such information to the applicant or its designee; 39. The Department of Professional and Occupational Regulation for the purpose of investigating individuals for initial licensure pursuant to §54.1-2106.1; 40. The Department for Aging and Rehabilitative Services and the Department for the Blind and Vision Impaired for the purpose of evaluating an individual's fitness for various types of employment and for the purpose of delivering comprehensive vocational rehabilitation services pursuant to Article 11 (§51.5-170 et seq.) of Chapter 14 of Title 51.5 that will assist the individual in obtaining employment; 41. Bail bondsmen, in accordance with the provisions of § 19.2-120; 42. The State Treasurer for the purpose of determining whether a person receiving compensation for wrongful incarceration meets the conditions for continued compensation under §8.01-195.12; 43. The Department of Social Services and directors of local departments of social services for the purpose of screening individuals seeking to enter into a contract with the Department of Social Services or a local department of social services for the provision of child care services for which child care subsidy payments may be provided; and 44. Other entities as otherwise provided by law. Upon an ex parte motion of a defendant in a felony case and upon the showing that the records requested may be relevant to such case, the court shall enter an order requiring the Central Criminal Records Exchange to furnish the defendant, as soon as practicable, copies of any records of persons designated in the order on whom a report has been made under the provisions of this chapter. Notwithstanding any other provision of this chapter to the contrary, upon a written request sworn to before an officer authorized to take acknowledgments, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish a copy of conviction data covering the person named in the request to the person making the request; however, such person on whom the data is being obtained shall consent in writing, under oath, to the making of such request. A person receiving a copy of his own conviction data may utilize or further disseminate that data as he deems appropriate. In the event no conviction data is maintained on the data subject, the person making the request shall be furnished at his cost a certification to that effect. B. Use of criminal history record information disseminated to noncriminal justice agencies under this section shall be limited to the purposes for which it was given and may not be disseminated further. C. No criminal justice agency or person shall confirm the existence or nonexistence of criminal history record information for employment or licensing inquiries except as provided by law. D. Criminal justice agencies shall establish procedures to query the Central Criminal Records Exchange prior to dissemination of any criminal history record information on offenses required to be reported to the Central Criminal Records Exchange to ensure that the most up-to-date disposition data is being used. Inquiries of the Exchange shall be made prior to any dissemination except in those cases where time is of the essence and the normal response time of the Exchange would exceed the necessary time period. A criminal justice agency to whom a request has been made for the dissemination of criminal history record information that is required to be reported to the Central Criminal Records Exchange may direct the inquirer to the Central Criminal Records Exchange for such dissemination. Dissemination of information regarding offenses not required to be reported to the Exchange shall be made by the criminal justice agency maintaining the record as required by §15.2-1722. E. Criminal history information provided to licensed nursing homes, hospitals and to home care organizations pursuant to subdivision A 15 shall be limited to the convictions on file with the Exchange for any offense specified in §§32.1-126.01, 32.1-126.02, and 32.1-162.9:1. F. Criminal history information provided to licensed assisted
living facilities G. Criminal history information provided to public agencies pursuant to subdivision A 36 shall be limited to the convictions on file with the Exchange for any offense specified in §63.2-1719. H. Upon receipt of a written request from an employer or prospective employer, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish at the employer's cost a copy of conviction data covering the person named in the request to the employer or prospective employer making the request, provided that the person on whom the data is being obtained has consented in writing to the making of such request and has presented a photo-identification to the employer or prospective employer. In the event no conviction data is maintained on the person named in the request, the requesting employer or prospective employer shall be furnished at his cost a certification to that effect. The criminal history record search shall be conducted on forms provided by the Exchange. §19.2-392.02. National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled. A. For purposes of this section: "Barrier crime" means any offense set forth in § 63.2-1719 or 63.2-1726. "Barrier crime information" means the following facts concerning a person who has been arrested for, or has been convicted of, a barrier crime, regardless of whether the person was a juvenile or adult at the time of the arrest or conviction: full name, race, sex, date of birth, height, weight, fingerprints, a brief description of the barrier crime or offenses for which the person has been arrested or has been convicted, the disposition of the charge, and any other information that may be useful in identifying persons arrested for or convicted of a barrier crime. "Care" means the provision of care, treatment,
education, training, instruction, supervision, or recreation to children "Department" means the Department of State Police. "Employed by" means any person who is employed by, volunteers for, seeks to be employed by, or seeks to volunteer for a qualified entity. "Identification document" means a document made or issued by or under the authority of the United States government, a state, a political subdivision of a state, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization that, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals. "Provider" means a person who (i) is employed by a
qualified entity "Qualified entity" means a business or organization
that provides care to children B. 1. Been fingerprinted 2. Completed and signed a statement, furnished by the entity,
that includes (i) his name, address, and date of birth as it appears on a valid
identification document C. Upon receipt of (i) a qualified entity's written request to
conduct a background check on a provider, (ii) the provider's fingerprints, and
(iii) a completed, signed statement as described in subsection B, the
Department shall make a determination whether the provider has been convicted
of or is the subject of charges of a barrier crime. To conduct its determination
regarding the provider's barrier crime information, the Department shall access
the national criminal history background check system, which is maintained by
the Federal Bureau of Investigation and is based on fingerprints and other
methods of identification, and shall access the Central Criminal Records
Exchange maintained by the Department. If the Department receives a background
report lacking disposition data, the Department shall conduct research in
whatever state and local D. Any background check conducted pursuant to this section for
a provider employed by a private entity shall be screened by the Department of
State Police. If the provider has been convicted of or is under indictment for
a barrier crime, the qualified entity shall be notified that the provider is
not qualified to work or volunteer in a position that involves unsupervised
access to children E. Any background check conducted pursuant to this section for a provider employed by a governmental entity shall be provided to that entity. F. In the case of a provider who desires to volunteer at a qualified entity and who is subject to a national criminal background check, the Department and the Federal Bureau of Investigation may each charge the provider the lesser of $18 or the actual cost to the entity of the background check conducted with the fingerprints. G. The failure to request a criminal background check pursuant to subsection B shall not be considered negligence per se in any civil action. §63.2-901.1. Criminal history and central registry check for placements of children. A. Each local board and licensed child-placing agency shall
obtain B.
§63.2-1702. Investigation on receipt of application. Upon receipt of the application, the Commissioner shall
cause an investigation to be made of the activities, services, and facilities
of the applicant and of his character and reputation or, if the applicant is an
association, partnership, limited liability company, or corporation, the
character and reputation of its officers and agents, and upon receipt of the
initial application, an investigation of the applicant's financial
responsibility. The financial records of an applicant shall not be subject to
inspection if the applicant submits an operating budget and at least one credit
reference. In the case of child welfare agencies and assisted living
facilities, the character and reputation investigation upon application shall
include background checks pursuant to §63.2-1720. Assisted living facilities and adult day care centers; employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty. A. B. A licensed assisted living facility or adult day care center may hire an applicant convicted of one misdemeanor barrier crime not involving abuse or neglect, if five years have elapsed following the conviction. C.
1. A sworn statement or affirmation disclosing whether the
person has a criminal conviction or is the subject of any pending criminal
charges within or outside the Commonwealth 2. A criminal history
§63.2-1720.1. Child welfare agencies and family day homes approved by family day systems; employment for compensation or use as volunteers of persons convicted of or found to have committed certain offenses prohibited; national background check required; penalty. A. No child welfare agency licensed or registered in accordance with the provisions of this chapter or family day home approved by a family day system shall hire for compensated employment, continue to employ, or permit to serve as a volunteer in a position that is involved in the day-to-day operations of the child welfare agency or family day home or in which the employee or volunteer will be alone with, in control of, or supervising children any person who has an offense as defined in §63.2-1719. All applicants for employment or to serve as volunteers shall undergo a background check in accordance with subsection B. B. Any applicant required to undergo a background check in accordance with subsection A shall: 1. Provide a sworn 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 and whether he has been the subject of a founded complaint of child abuse or neglect or is currently the subject of a complaint of child abuse or neglect within or outside the Commonwealth; 2. Submit to fingerprinting and provide personal descriptive information described in subdivision B 2 of §19.2-392.02; and 3. Authorize the child welfare agency or family day home approved by a family day system to obtain a copy of information from the central registry maintained pursuant to §63.2-1515 on any investigation of child abuse or neglect undertaken on him. The applicant's fingerprints and personal descriptive information obtained pursuant to subdivision 2 shall be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining national criminal history record information regarding such applicant. Upon receipt of an applicant's record or notification that no record exists, the Central Criminal Records Exchange shall forward the information to the Department, and the Department shall report to the child welfare agency or family day home approved by a family day system whether the applicant is eligible to have responsibility for the safety and well-being of children. In cases in which the record forwarded to the Department is lacking disposition data, the Department shall conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data before reporting to the child welfare agency or family day home approved by a family day system. C. The child welfare agency or family day home approved by a family day system shall inform every applicant for compensated employment or to serve as a volunteer required to undergo a background check pursuant to this section 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's eligibility to have responsibility for the safety and well-being of children. D. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision B 1 is guilty of a Class 1 misdemeanor. E. Further dissemination of the background check information is prohibited other than to the Commissioner's representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination. F. A person who complies in good faith with the provisions of this section shall not be liable for any civil damages for any act or omission in the performance of duties under this section unless the act or omission was the result of gross negligence or willful misconduct. G. Notwithstanding the provisions of subsection A, a child day center may hire for compensated employment persons who have been convicted of not more than one misdemeanor offense under §18.2-57 if 10 years have elapsed following the conviction, unless the person committed such offense while employed in a child day center or the object of the offense was a minor. H. Fees charged for the processing and administration of background checks pursuant to this section shall not exceed the actual cost to the Commonwealth of such processing and administration. I. The provisions of this section shall not apply to any children's residential facility licensed pursuant to §63.2-1701, which instead shall comply with the background investigation requirements contained in § 63.2-1726. J. A family day home or child day center shall annually perform the requirements listed in subdivision B 3 for any employee or volunteer of such family day home or child day center required to undergo a background check pursuant to subsection A. §63.2-1721. Background check upon application for licensure as an assisted living facility; penalty. A. B. Background checks pursuant to 1. A sworn statement or affirmation disclosing whether the
person has a criminal conviction or is the subject of any pending criminal
charges within or outside the Commonwealth 2. A criminal history
C. D. No E.
§63.2-1721.1. Background check upon application for licensure as child welfare agency; background check for applicants for approval as family day home by a family day system; background check of foster or adoptive parents approved by child-placing agencies; penalty. A. Every (i) applicant for licensure or registration as a child welfare agency; (ii) agent of an applicant for licensure or registration as a child welfare agency at the time of application who is or will be involved in the day-to-day operations of the child welfare agency or who is or will be alone with, in control of, or supervising one or more of the children; (iii) applicant for approval as a family day home by a family day system; (iv) agent of an applicant for approval as a family day home by a family day system who is or will be involved in the day-to-day operations of the family day home or who is or will be alone with, in control of, or supervising one or more children; (v) adult living in the family day home; (vi) foster or adoptive parent requesting approval by a child-placing agency; or (vii) adult household member residing in the home of a foster or adoptive parent requesting approval by a child-placing agency shall undergo a background check in accordance with subsection B prior to issuance of a license or registration as a child welfare agency, approval as a family day home by a family day system, or approval as a foster or adoptive parent by a child-placing agency. B. Every person required to undergo a background check pursuant to subsection A shall: 1. Provide a sworn statement or affirmation disclosing whether he has ever been convicted of or is the subject of any pending criminal charges for any offense within or outside the Commonwealth and whether or not he has been the subject of a founded complaint of child abuse or neglect or is currently the subject of a complaint of child abuse or neglect within or outside the Commonwealth; 2. Submit to fingerprinting and provide personal descriptive information described in subdivision B 2 of §19.2-392.02; and 3. Authorize the Department in the case of individuals described in clause (i) or (ii) of subsection A, the family day system in the case of individuals described in clause (iii), (iv), or (v) of subsection A, or the child-placing agency in the case of individuals described in clause (vi) or (vii) of subsection A to obtain a copy of information from the central registry maintained pursuant to §63.2-1515 on any investigation of child abuse or neglect undertaken on him. In the case of individuals described in clause (vi) or (vii) of subsection A, the search shall also include a search of the child abuse and neglect registry maintained by any other state pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, in which a prospective parent or other adult in the home has resided in the preceding five years. Fingerprints and personal descriptive information obtained pursuant to subdivision 2 shall be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining national criminal history record information regarding the individual. Upon receipt of an applicant's record or notification that no record exists, the Central Criminal Records Exchange shall forward the information to the Department. For individuals described in clause (iii), (iv), or (v) of subsection A, the Department shall report to the family day system whether the applicant is eligible to have responsibility for the safety and well-being of children. For individuals described in clause (vi) or (vii) of subsection A, the Department shall report to the child-placing agency whether the applicant is eligible to have responsibility for the safety and well-being of children. In cases in which the record forwarded to the Department is lacking disposition data, the Department shall conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data. C. If any person specified in subsection A required to have a background check has an offense as defined in §63.2-1719, and such person has not been granted a waiver by the Commissioner pursuant to §63.2-1723, (i) no license or registration as a child welfare agency shall be granted if the individual is described in clause (i) or (ii) of subsection A; (ii) no approval as a family day home shall be granted by the family day system if the individual is described in clause (iii), (iv), or (v) of subsection A; and (iii) no child-placing agency shall approve the individual as a foster or adoptive parent if the individual is described in clause (vi) or (vii) of subsection A. D. Information from a search of the central registry maintained pursuant to §63.2-1515, authorized in accordance with subdivision B 3, shall be obtained prior to issuance of a license or registration as a child welfare agency, approval as a family day home by a family day system, or approval as a foster or adoptive parent by a child-placing agency, and in the case of a family day home or child day center, annually thereafter. E. No person specified in subsection A shall be involved in the day-to-day operations of the child welfare agency or family day home approved by a family day system or shall be alone with, in control of, or supervising one or more children without first having completed any required background check pursuant to subsection B. F. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision B 1 is guilty of a Class 1 misdemeanor. G. Notwithstanding any provision to the contrary contained in this section, a child-placing agency may approve as an adoptive or foster parent an applicant convicted of not more than one misdemeanor as set out in § 18.2-57 not involving moral turpitude or the abuse or neglect of a minor, provided 10 years have elapsed following the conviction. H. Notwithstanding any provision to the contrary contained in this section, a child-placing agency may approve as a foster parent an applicant convicted of statutory burglary for breaking and entering a dwelling, home, or other structure with intent to commit larceny who has had his civil rights restored by the Governor, provided 25 years have elapsed following the conviction. I. Notwithstanding any provision to the contrary contained in this section, a child-placing agency may approve as an adoptive or foster parent an applicant convicted of felony possession of drugs who has had his civil rights restored by the Governor, provided 10 years have elapsed following the conviction. J. If an applicant is denied licensure, registration, or approval because of information from the central registry or convictions appearing on his criminal history record, the Commissioner shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant. K. Further dissemination of the background check information is prohibited other than to the Commissioner's representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination. L. Fees charged for the processing and administration of background checks pursuant to this section shall not exceed the actual cost to the Commonwealth of such processing and administration. M. The provisions of this section referring to a sworn statement or affirmation and to prohibitions on the issuance of a license for any offense shall not apply to any children's residential facility licensed pursuant to §63.2-1701, which instead shall comply with the background investigation requirements contained in §63.2-1726. §63.2-1722. Revocation or denial of renewal based on background checks; failure to obtain background check. A. The Commissioner may revoke or deny renewal of a license or
registration of a child welfare agency, B. Failure to obtain background checks pursuant to §§
63.2-1720 §63.2-1723. Child welfare agencies; criminal conviction and waiver. A. Any person who seeks to operate, volunteer or work at a
child welfare agency and who is disqualified because of a criminal conviction
or a criminal conviction in the background check of any other adult living in a
family day home regulated by the Department, pursuant to §§ B. The Board shall adopt regulations to implement the provisions of this section. §63.2-1724. Records check by unlicensed child day center; penalty. Any child day center that is exempt from licensure pursuant to
§63.2-1716 shall require a prospective employee or volunteer or any other
person who is expected to be alone with one or more children enrolled in the
child day center to obtain within 30 days of employment or commencement of
volunteer service
Fees charged for the processing and administration of background checks pursuant to this section shall not exceed the actual cost to the Commonwealth of such processing and administration. §63.2-1725. Records checks of child day centers or family day homes receiving federal, state or local child care funds; penalty. Whenever any child day center or family day home that has not
met the requirements of §§ §63.2-1727. Sex offender or child abuser prohibited from operating or residing in family day home; penalty. It shall be unlawful for any person to operate a family day home
if he, or if he knows that any other person who resides in, is employed
by, or volunteers in the home, has been convicted of a felony in violation of 2. That the provisions of this act related to national criminal history background checks for criminal history background checks pursuant to §§63.2-1720.1, 63.2-1721.1, 63.2-1724, and 63.2-1725 as amended and reenacted or added by this act shall become effective on July 1, 2017. Until July 1, 2017, the current provisions governing criminal history background checks for child welfare agencies as set forth in §§63.2-1720 and 63.2-1721 of the Code of Virginia as they were effective June 30, 2015, shall remain in effect. 3. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2015 by the General Assembly that becomes law. |