Part V. Background Checks
8VAC20-821-160. Scope of background check regulations.
This part applies to any person required to have a background check by Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-170. Background checks required.
A. Any person required to have a background check shall follow the provisions of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia regarding background checks.
B. Any person 14 years of age or older living in the home of a licensed or registered family day home shall request a Virginia child protective services central registry check within seven days of reaching 14 years of age or beginning to live in the home.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-180. Disqualifying background checks; prohibitions.
A. No child day center, family day home, or family day system licensed in accordance with the provisions of this chapter, child day center exempt from licensure pursuant to § 22.1-289.031 of the Code of Virginia, registered family day home, family day home approved by a family day system, or child day center, family day home, or child day program that enters into a contract with the department or its agents or designees to provide child care services funded by the Child Care and Development Block Grant shall hire for compensated employment, continue to employ, or permit to serve as a volunteer who will be alone with, in control of, or supervising children any person who (i) has been convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.
B. Notwithstanding the provisions of subsection A of this section, a child day center may hire for compensated employment persons who have been convicted of not more than one misdemeanor offense under § 18.2-57 of the Code of Virginia, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a child day center or the object of the offense was a minor.
C. If any person specified in subsection A of § 22.1-289.036 of the Code of Virginia (i) has been convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and the person has not been granted a waiver by the superintendent pursuant to § 22.1-289.038 of the Code of Virginia, no license as a child day center, family day home, or family day system or registration as a family day home shall be granted by the superintendent and no approval as a family day home shall be granted by the family day system.
D. No person specified in subsection A of § 22.1-289.036 of the Code of Virginia shall be involved in the day-to-day operations of the child day center, family day home, or family day system, or shall be alone with, in control of, or supervising one or more children, without first having completed any required background check.
E. Dissemination of background check information is prohibited other than to the superintendent or a federal or state authority or court as may be required to comply with an express requirement of law for further dissemination.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-190. Out-of-state background checks.
A. If any individual required to get a background check has lived in another state in the past five years and the results of the request for any component of the background check maintained by that state has not been returned, the person responsible for obtaining the background check shall obtain the following before the background check may be considered complete:
1. Documentation from the state on or after the date of the request if the state to which the request was made refuses to provide background check information due to the state's procedures for processing; or
2. Documentation showing that the person responsible for obtaining the background check contacted the state in writing to obtain the results of the background check at least 45 days after the first request.
B. Any documentation obtained pursuant to this section shall be maintained as part of the background check record.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-200. New background checks.
The child day program or family day system, the department, or the registering or approving authority may require a new background check if there is reason to suspect that a person required to have a background check has a disqualifying background.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-210. Maintenance of background check records.
A. A child day program or family day system shall keep background check records at its place of business for at least two years after an individual required to have a background check terminates duties with a facility or no longer resides in the home, unless federal or state law or regulation requires the records to be kept for longer. If multiple child day programs are owned by the same entity, the records may be kept at a single location and shall be made available to the superintendent upon request.
B. Background check records shall be kept in locked files or a secure electronic file, and access to the files should be restricted according to a principle of least privilege.
C. Family day systems shall keep background check records for family day homes approved by the system.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-220. Waiver of criminal convictions.
A. Any person who seeks to operate, volunteer, or work at a child day program or family day system and who is disqualified because of a criminal conviction or a criminal conviction in the background check of any other adult living in a family day home regulated by the department, pursuant to § 22.1-289.035, 22.1-289.036, or 22.1-289.039 of the Code of Virginia, may apply in writing for a waiver from the superintendent. The superintendent may grant a waiver if the superintendent determines that (i) the person is of good moral character and reputation and (ii) the waiver would not adversely affect the safety and well-being of children in the person's care.
B. The superintendent shall not grant a waiver to any person who has been convicted of any barrier crime.
C. The superintendent may grant a waiver to a family day home licensed or registered by the department if any other adult living in the home of the applicant or provider has been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2 of the Code of Virginia, or any substantially similar offense under the laws of another jurisdiction, provided that (i) five years have elapsed following the conviction and (ii) the department has conducted a home study that includes (a) an assessment of the safety of children placed in the home and (b) a determination that the offender is now a person of good moral character and reputation. The waiver shall not be granted if the adult living in the home is an assistant or substitute provider or if the adult has been convicted of a misdemeanor offense under both §§ 18.2-57 and 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction.
D. The request for a waiver shall be submitted on a form prescribed by the superintendent.
E. Waivers are granted at the discretion of the superintendent and are not subject to appeal.
F. A waiver is granted to a specific person and shall include the following:
1. The name of the individual who is the subject of the waiver;
2. The name and location of the child day program or family day system;
3. The effective date of the waiver;
4. Any stipulations or conditions upon which the waiver is granted;
5. The criminal conviction for which the waiver is granted;
6. The date of the criminal conviction; and
7. The signature of the superintendent.
G. A person to whom a waiver is granted shall notify the superintendent if any of the terms, stipulations, or conditions upon which the waiver was granted have changed and shall request a modification from the superintendent if appropriate.
H. The superintendent may rescind a waiver if the superintendent determines that (i) the waiver application contained materially false or misleading information, (ii) the stipulations or conditions upon which the waiver was granted have been violated, or (iii) the person no longer meets the criteria for a waiver.
I. A waiver automatically expires when the individual who is the subject of the waiver no longer lives in the home.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-230. Public notification of waivers.
A. The child day program or family day system shall post any waiver granted by the superintendent in a conspicuous place at the location listed on the waiver.
B. Any waiver granted under this section shall be available for inspection by the public. The child day program or family day system shall notify in writing every parent of the children in its care of any waiver granted by the superintendent, as well as notify in writing the parent of any child enrolled after the waiver becomes effective.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.