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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

22VAC40-90-60. Maintenance of criminal history record reports.

A. Criminal history record reports conforming to the requirements for all employed staff shall be maintained in the files of the facility during the time the individual is employed and for one year after termination of work.

B. Criminal history record reports shall be made available by the facility to the licensing representative.

C. Further dissemination of the criminal history record report information is prohibited other than to a representative of the Commissioner of the Department of Social Services or to a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination. A licensed adult day center that provides services to individuals receiving services under the state plan for medical assistance or any waiver thereto may disclose to the Department of Medical Assistance Services whether a criminal history background check has been completed for an employee and whether such employee is eligible for employment.

Statutory Authority

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

Historical Notes

Derived from VR615-37-01 § 3.3, eff. July 1, 1989; amended, Volume 8, Issue 17, eff. July 1, 1993; Volume 19, Issue 2, eff. November 6, 2002; Volume 21, Issue 18, eff. July 1, 2005; Volume 41, Issue 22, eff. August 15, 2025.

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