Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 35. Department (Board) of Juvenile Justice
Chapter 60. Minimum Standards for Virginia Delinquency Prevention and Youth Development Act Grant Programs

6VAC35-60-236. Background checks.

A. Except as provided in subsection B, all persons who (i) accept a position of employment at an Office on Youth, (ii) volunteer on a regular basis and will be alone with a juvenile in the performance of their duties, or (iii) provide contractual services directly to a juvenile on a regular basis and will be alone with a juvenile in the performance of their duties shall undergo the following background checks to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of juveniles:

1. A reference check;

2. A criminal history check;

3. A fingerprint check with the Virginia State Police and Federal Bureau of Investigation (FBI);

4. A central registry check with Child Protective Services; and

5. A driving record check if applicable to the individual's job duties.

B. To minimize vacancy time when the fingerprint checks required by subdivision A 3 of this section have been requested, employees may be hired, pending the results of the fingerprint checks, provided:

1. All of the other applicable components of subsection A of this section have been completed;

2. The applicant is given written notice that continued employment is contingent on the fingerprint check results as required by subdivision A 3 of this section; and

3. Employees hired under this exception shall not be allowed to be alone with juveniles and may work with juveniles only when under the direct supervision of staff whose background checks have been completed until such time as all background checks are completed.

C. Documentation of compliance with this section shall be retained in the individual's personnel record.

D. Written procedures shall provide for the supervision of nonemployee persons who are not subject to the provisions of subsection A of this section and who have contact with juveniles.

Statutory Authority

§§ 66-10 and 66-28 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 25, eff. November 1, 2002; amended, Virginia Register Volume 27, Issue 24, eff. October 1, 2011.

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