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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 90. Regulation for Background Checks for Assisted Living Facilities and Adult Day Centers
10/31/2025

22VAC40-90-50. Validity of criminal history record reports.

A. Facility staff shall accept only the original criminal history record report.

B. Facilities using temporary agencies for the provision of substitute staff shall maintain documentation for each substitute staff from the temporary agency verifying that the criminal history record report has been obtained within 30 days of employment, is on file at the temporary agency, and contains no barrier crimes. This documentation shall have the same maintenance and retention requirements of a criminal history record report.

C. A criminal history record report remains valid as long as the employee remains in continuous service at the same facility.

D. When an individual terminates employment at one facility and begins work at another facility, a new criminal history record report and sworn statement or affirmation shall be required.

E. When an employee transfers to a facility owned and operated by the same entity, with a lapse in service of not more than 30 days, a new criminal history record report shall not be required.

Statutory Authority

§§ 63.2-1702, 63.2-1720, and 63.2-1721 of the Code of Virginia.

Historical Notes

Derived from VR615-37-01 § 3.2, eff. July 1, 1989; amended, Virginia Register Volume 8, Issue 17, eff. July 1, 1993; Volume 21, Issue 18, eff. July 1, 2005; Volume 41, Issue 22, eff. August 15, 2025.

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