Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 191. Background Checks for Child Welfare Agencies

22VAC40-191-60. Explaining consequences of disqualifying background checks results.

A. Applicants are denied licensure or approval when there are disqualifying background checks results for:

1. Applicants as a child welfare agency;

2. Agents at the time of application who are or will be involved in the day-to-day operations of the child welfare agency or who are or will be alone with, in control of, or supervising one or more of the children;

3. Any other adult, or any child aged 14 or older, living in a foster home, or in the home of adoptive parents, until the adoption is final; and

4. Prospective foster or adoptive parents approved by child-placing agencies.

B. An employee or volunteer of a licensed child welfare agency must not be employed or provide volunteer service until the agency has the person's completed sworn statement or affirmation.

C. An employee or volunteer of a licensed child welfare agency, must be denied continued employment or volunteer service if:

1. The licensed child welfare agency does not have an original criminal history record report within 30 days of employment or volunteer service; or

2. The licensed child welfare agency does not have a central registry finding within 30 days of employment or volunteer service.

D. No violation will occur and an employee may continue to work or provide service in a licensed or approved facility if the facility has documentation that the criminal history record request, or the request for search of the central registry, was submitted within seven calendar days of the person being employed or volunteering, but the report is not returned within 30 calendar days.

1. If a requested report was sent within seven calendar days but was not returned within 30 calendar days, the requester must contact within four working days:

a. The Central Criminal Records Exchange of the Department of State Police; or

b. The department's Office of Background Investigations.

2. If the request was not received, the requestor must submit another request within five working days after the contact.

3. This provision applies to a child protective services central registry check for a person who becomes 14 years of age.

E. If the department or a local agency becomes aware that a person covered by this regulation has a disqualifying background, the department or local agency may release this information to facilities that are covered by this regulation. Those facilities must not further disseminate this information.

This provision applies to a child protective services central registry clearance for a person who becomes 14 years of age.

F. Licensed or approved facilities must inform compensated employees and volunteers that the facilities are requesting child protective services registry checks and criminal history record reports for them.

G. A facility may choose to request a national criminal background check, instead of the criminal history record check, for employees and volunteers.

1. The facility must adhere to Department of State Police requirements for obtaining fingerprints, in accordance with § 19.2-392.02 of the Code of Virginia.

2. The department and child-placing agency will accept a national criminal background check result of "qualified" from the Department of State Police.

3. If the screening result is "disqualified," the facility must obtain a satisfactory criminal history record check from the Central Criminal Record Exchange for the person if:

a. The facility wishes to employ the person or approve the person as a volunteer;

b. The entity wishes the department to issue a license; or

c. The facility wishes a child-placing agency to issue an approval.

H. The facility may also require a background check from another state per the provisions in subdivision B 3 of 22VAC40-191-50.

I. A facility that does not comply with this regulation may have its licensure or approval status revoked or denied.

J. If a facility has knowledge that a person required to have a background check has an offense, and this person has neither a waiver nor an exception per 22VAC40-191-50 A, and the facility refuses to separate the person from employment, service, or residence in a home, then licensure or approval must be revoked or denied.

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 22, Issue 22, eff. September 1, 2006; Volume 30, Issue 3, eff. December 1, 2013; Volume 38, Issue 2, eff. October 13, 2021.

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