22VAC40-191-40. Identifying who is covered by this regulation.
A. This regulation applies to:
1. Licensed child-placing agencies;
2. Licensed independent foster homes; and
3. Foster and adoptive homes approved by child-placing agencies.
B. Except as provided in 22VAC40-191-50 A, no person with a disqualifying background who has not been granted a waiver according to 22VAC40-191-90 may operate or volunteer or work at a facility governed by this chapter.
C. Background checks are required at the time of initial application. These background checks are required at the time of initial application for licensure or approval:
Who | What | When | |
1. An agent or applicant 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 | Sworn statement or affirmation, search of central registry, and criminal history record check | Upon application for licensure as a child welfare agency | |
2. An existing employee or volunteer | Same | Upon application for licensure | |
3. Prospective foster or adoptive parent | Sworn statement or affirmation, search of central registry, search of child abuse and neglect registry maintained by any other state in which the individual has resided in the last five years, and national criminal background check | Prior to approval by child-placing agency | |
4. Birth parent of a child in a foster care placement (unless the birth parent has revoked an entrustment agreement pursuant to § 63.2-1223 or 63.2-1817 of the Code of Virginia, or a local board or birth parent revokes a placement agreement while legal custody remains with the parent, parents, or guardians pursuant to § 63.2-900 of the Code of Virginia) | Sworn statement or affirmation, search of central registry, search of child abuse and neglect registry maintained by any other state in which the individual has resided in the last five years, and national criminal background check | Prior to placement of a child with birth parent | |
5. Other adults living in a prospective foster or adoptive home | Sworn statement or affirmation, search of central registry, search of child abuse and neglect registry maintained by any other state in which the individual has resided in the last five years, and national criminal background check | Prior to approval by child-placing agency |
D. Background checks are required after the initial licensure or approval.
1. These background checks are required after initial licensure or approval:
Who | What | When | |
a. New person designated as applicant, licensee, or agent who is or will be involved in the day-to-day operations of the facility or who is or will be alone with, in control of, or supervising one or more of the children | Sworn statement or affirmation | Whenever an applicant, licensee, or agent changes | |
Search of central registry and criminal history record check | Before the end of 30 days after the change | ||
b. An employee of a licensed or approved facility who is involved in the day-to-day operations or who is alone with, in control of, or supervising one or more children | Sworn statement or affirmation | Prior to first day of employment at the facility | |
Search of central registry and criminal history record check | Before 30 days of employment at the facility ends | ||
c. An applicant, licensee, agent, employee, or volunteer | Sworn statement or affirmation, search of central registry and criminal history record check | Before three years since the dates of the last sworn statement or affirmation, most recent central registry finding and most recent criminal history record check report | |
d. Volunteer at licensed or approved facility who will be alone with any child in the performance of duties, excluding a parent-volunteer for children attending a licensed or approved program | Sworn statement or affirmation | Prior to first day of service at the facility | |
Search of central registry and criminal history record check | Before 30 days of service at the facility elapses | ||
e. Foster parent approved by a licensed child-placing agency, in an independent foster home, or an adoptive parent approved by a licensed child-placing agency, until the adoption is final | Sworn statement or affirmation, search of central registry, and criminal history record check | Before three years since the dates of the last sworn statement or affirmation, most recent central registry finding, and most recent criminal history record check report or national criminal background check | |
f. All adult household members residing in the home of the foster parent approved by a licensed child-placing agency, foster parent in an independent foster home, or an adoptive parent approved by a licensed child-placing agency, until the adoption is final | Sworn statement or affirmation, search of central registry, and criminal history record check | Before three years since the dates of the last sworn statement or affirmation, most recent central registry finding, and most recent criminal history record check report or national criminal background check |
2. Background checks are required for independent contract employees and employees hired by a contract agency.
If a licensed or approved facility uses independent contract employees or contract employees hired by a contract agency who will be involved in the day-to-day operations of the facility or who will be alone with, in control of, or supervising one or more children, the facility must:
a. Obtain background checks according to the above requirements for employees, or view the original required background checks maintained by the contract employee or contract agency;
b. Accept all satisfactory background checks dated less than six months before independent contract employees or contract employees hired by contract agencies begin providing services at facilities;
c. Make copies, and keep them at the licensed or approved facilities. Staff must write on the copies of the criminal record reports that they are photocopies of originals that facility staff verified; and
d. Provide a sworn statement or affirmation, search of central registry and criminal history record check before three years since the dates of the last sworn statement or affirmation, most recent central registry finding and most recent criminal history record check report.
3. A person 18 years of age and older must have background checks:
Who | What | When | |
Person living in the home of (i) a prospective foster or adoptive parent, (ii) a foster parent approved by a licensed child-placing agency, (iii) a foster parent in an independent foster home, or (iv) until the adoption is final, an adoptive parent approved by a licensed child-placing agency | Sworn statement or affirmation | When a person age 18 years or older begins residing in the home or when a person in the home becomes 18 years old | |
Search of central registry, search of child abuse and neglect registry maintained by any other state in which the individual has resided in the last five years, and national criminal background check | Within 30 days of a person 18 years of age or older beginning to reside in the home or a person in the home becoming 18 years old | ||
4. A person 14 years of age and older must have a search of the central registry and make the information available for regulatory purposes:
Who | What | When | |
a. Person living in: An applicant's home, A foster home approved by a licensed child-placing agency, An independent foster home, or An adoptive home approved by a licensed child-placing agency, until the adoption is final | Child protective services central registry check | Within 30 days of a 14-year-old beginning to reside in the home or a person in the home becoming 14 years old | |
b. A person 14 years of age up to 18 years of age who is placed in an approved foster or adoptive home by a child-placing agency is not required to have a search of the central registry. | |||
5. A facility must not accept a required criminal history record report or a central registry finding from an applicant, licensee, or other person required to obtain background checks that is dated more than 90 days prior to the date of employment, volunteering, residing in the home, or approving a foster or adoptive home.
6. Provisions for contracting agencies are described in subdivision 2 of this subsection.
7. The background checks remain valid at the facility if no more than 12 consecutive months have passed from when a person (i) began a leave of absence from that facility; (ii) was terminated from employment at that facility; or (iii) was transferred to a facility owned and operated by the same employer or entity, unless there is a criminal conviction or a founded complaint of child abuse and neglect during that period.
Statutory Authority
§§ 63.2-217, 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 20, Issue 11, eff. April 1, 2004; Errata, 20:12 VA.R. 1526 February 23, 2004; amended, Virginia Register Volume 20, Issue 22, eff. September 1, 2004; Volume 21, Issue 18, eff. July 1, 2005; Volume 22, Issue 22, eff. September 1, 2006; Volume 30, Issue 3, eff. December 1, 2013; Volume 38, Issue 2, eff. October 13, 2021.