2006 Code of Virginia § 63.2-1721 - (Contingent expiration date - see note) Background check upon application for licensure or registr...

63.2-1721. (Contingent expiration date - see note) Background check uponapplication for licensure or registration as child welfare agency; backgroundcheck of foster or adoptive parents approved by child-placing agencies andfamily day homes approved by family day systems; penalty.

A. Upon application for licensure or registration as a child welfare agency,(i) all applicants; (ii) agents at the time of application who are or will beinvolved in the day-to-day operations of the child welfare agency or who areor will be alone with, in control of, or supervising one or more of thechildren; and (iii) any other adult living in the home of an applicant forlicensure or registration as a family day home shall undergo a backgroundcheck. Upon application for licensure as an assisted living facility, allapplicants shall undergo a background check. In addition, foster or adoptiveparents requesting approval by child-placing agencies and operators of familyday homes requesting approval by family day systems, and any other adultresiding in the family day home or existing employee or volunteer of thefamily day home, shall undergo background checks pursuant to subsection Bprior to their approval.

B. Background checks pursuant to this section require:

1. A sworn statement or affirmation disclosing whether the person has acriminal conviction or is the subject of any pending criminal charges withinor outside the Commonwealth and whether or not the person has been thesubject of a founded complaint of child abuse or neglect within or outsidethe Commonwealth;

2. A criminal history record check through the Central Criminal RecordsExchange pursuant to 19.2-389; and

3. In the case of child welfare agencies or adoptive or foster parents, asearch of the central registry maintained pursuant to 63.2-1515 for anyfounded complaint of child abuse and neglect.

C. The character and reputation investigation pursuant to 63.2-1702 shallinclude background checks pursuant to subsection B of persons specified insubsection A. The applicant shall submit the background check informationrequired in subsection B to the Commissioner's representative prior toissuance of a license, registration or approval. The applicant shall providean original criminal record clearance with respect to offenses specified in 63.2-1719 or an original criminal history record from the Central CriminalRecords Exchange. Any person making a materially false statement regardingthe sworn statement or affirmation provided pursuant to subdivision B 1 shallbe guilty of a Class 1 misdemeanor. If any person specified in subsection Arequired to have a background check has any offense as defined in 63.2-1719, and such person has not been granted a waiver by the Commissionerpursuant to 63.2-1723 or is not subject to an exception in subsections E,F, or G (i) the Commissioner shall not issue a license or registration to achild welfare agency; (ii) the Commissioner shall not issue a license to anassisted living facility; (iii) a child-placing agency shall not approve anadoptive or foster home; or (iv) a family day system shall not approve afamily day home.

D. No person specified in subsection A shall be involved in the day-to-dayoperations of the child welfare agency or shall be alone with, in control of,or supervising one or more of the children without first having completedbackground checks pursuant to subsection B.

E. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as an adoptive or foster parent an applicantconvicted of not more than one misdemeanor as set out in 18.2-57 notinvolving abuse, neglect, moral turpitude, or a minor, provided 10 years haveelapsed following the conviction.

F. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as a foster parent an applicant convicted ofstatutory burglary for breaking and entering a dwelling home or otherstructure with intent to commit larceny, who has had his civil rightsrestored by the Governor, provided 25 years have elapsed following theconviction.

G. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as an adoptive or foster parent an applicantconvicted of felony possession of drugs, who has had his civil rightsrestored by the Governor, provided 10 years have elapsed following theconviction.

H. If an applicant is denied licensure, registration or approval because ofinformation from the central registry or convictions appearing on hiscriminal history record, the Commissioner shall provide a copy of theinformation obtained from the central registry or the Central CriminalRecords Exchange or both to the applicant.

I. Further dissemination of the background check information is prohibitedother than to the Commissioner's representative or a federal or stateauthority or court as may be required to comply with an express requirementof law for such further dissemination.

J. The provisions of this section referring to a sworn statement oraffirmation and to prohibitions on the issuance of a license for any offenseshall not apply to any children's residential facility licensed pursuant to 63.2-1701, which instead shall comply with the background investigationrequirements contained in 63.2-1726.

(Code 1950, 63-235, 63-236; 1968, cc. 578, 585, 63.1-198, 63.1-199;1975, c. 439; 1985, c. 360, 63.1-198.1; 1986, cc. 300, 627; 1987, cc. 130,131, 692, 693; 1992, c. 746; 1993, cc. 730, 742; 1995, c. 401; 1996, c. 747;1997, c. 427; 1998, cc. 551, 581; 1999, c. 740; 2001, c. 778; 2002, c. 747;2004, c. 714; 2005, cc. 610, 722, 924; 2006, c. 885.)

63.2-1721. (Contingent effective date - see Editor's notes) Backgroundcheck upon application for licensure or registration as child welfare agency;background check of foster or adoptive parents approved by child-placingagencies and family day homes approved by family day systems; penalty.

A. Upon application for licensure or registration as a child welfare agency,(i) all applicants; (ii) agents at the time of application who are or will beinvolved in the day-to-day operations of the child welfare agency or who areor will be alone with, in control of, or supervising one or more of thechildren; and (iii) any other adult living in the home of an applicant forlicensure or registration as a family day home shall undergo a backgroundcheck. Upon application for licensure as an assisted living facility, allapplicants shall undergo a background check. In addition, foster or adoptiveparents requesting approval by child-placing agencies and operators of familyday homes requesting approval by family day systems, and any other adultresiding in the family day home or existing employee or volunteer of thefamily day home, shall undergo background checks pursuant to subsection Bprior to their approval.

B. Background checks pursuant to this section require:

1. A sworn statement or affirmation disclosing whether the person has acriminal conviction or is the subject of any pending criminal charges withinor outside the Commonwealth and whether or not the person has been thesubject of a founded complaint of child abuse or neglect within or outsidethe Commonwealth;

2. The applicant to submit to fingerprinting and to provide personaldescriptive information to be forwarded along with the applicant'sfingerprints through the Central Criminal Records Exchange to the FederalBureau of Investigation for the purpose of obtaining a national criminalhistory record information check regarding such applicant. The CentralCriminal Records Exchange, upon receipt of an applicant's record ornotification that no record exists, shall make a report to the child welfareagency that the applicant meets the criteria or does not meet the criteriafor licensure, registration or approval based on whether or not the applicanthas ever been convicted of any offense set forth in 63.2-1719 or anequivalent offense in another state. The Central Criminal Records Exchangeshall not disclose information to a child welfare agency regarding charges orconvictions of any crimes. If any applicant is denied licensure, registrationor approval because of information appearing on the criminal history recordand the applicant disputes the information upon which the denial was based,the Central Criminal Records Exchange shall, upon request, furnish theapplicant the procedures for obtaining a copy of the criminal history recordfrom the Central Criminal Records Exchange or the Federal Bureau ofInvestigation. The information provided to the child welfare agency shall notbe disseminated except as provided in this section.

In addition to the fees assessed by the Federal Bureau of Investigation, theDepartment of State Police may assess a fee for responding to requestsrequired by this section; and

3. In the case of child welfare agencies or adoptive or foster parents, asearch of the central registry maintained pursuant to 63.2-1515 for anyfounded complaint of child abuse and neglect.

C. The character and reputation investigation pursuant to 63.2-1702 shallinclude background checks pursuant to subsection B of persons specified insubsection A. Any person making a materially false statement regarding thesworn statement or affirmation provided pursuant to subdivision B 1 shall beguilty of a Class 1 misdemeanor. If any person specified in subsection Arequired to have a background check has any offense as defined in 63.2-1719, and such person has not been granted a waiver by the Commissionerpursuant to 63.2-1723 or is not subject to an exception in subsections E,F, or G (i) the Commissioner shall not issue a license or registration to achild welfare agency; (ii) the Commissioner shall not issue a license to anassisted living facility; (iii) a child-placing agency shall not approve anadoptive or foster home; or (iv) a family day system shall not approve afamily day home.

D. No person specified in subsection A shall be involved in the day-to-dayoperations of the child welfare agency or shall be alone with, in control of,or supervising one or more of the children without first having completedbackground checks pursuant to subsection B.

E. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as an adoptive or foster parent an applicantconvicted of not more than one misdemeanor as set out in 18.2-57 notinvolving abuse, neglect, moral turpitude, or a minor, provided 10 years haveelapsed following the conviction.

F. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as a foster parent an applicant convicted ofstatutory burglary for breaking and entering a dwelling home or otherstructure with intent to commit larceny, who has had his civil rightsrestored by the Governor, provided 25 years have elapsed following theconviction.

G. Notwithstanding any provision to the contrary contained in this section, achild-placing agency may approve as an adoptive or foster parent an applicantconvicted of felony possession of drugs, who has had his civil rightsrestored by the Governor, provided 10 years have elapsed following theconviction.

H. If an applicant is denied licensure, registration or approval because ofinformation from the central registry, the Commissioner shall provide a copyof the information obtained from the central registry to the applicant.

I. Further dissemination of the background check information is prohibitedother than to the Commissioner's representative or a federal or stateauthority or court as may be required to comply with an express requirementof law for such further dissemination.

J. The provisions of this section referring to a sworn statement oraffirmation and to prohibitions on the issuance of a license for any offenseshall not apply to any children's residential facility licensed pursuant to 63.2-1701, which instead shall comply with the background investigationrequirements contained in 63.2-1726.

K. Any business or organization specified by this section that knowingly andwillfully fails to conduct a background check as required herein shall beassessed a civil penalty of not more than $500 by the Commissioner and issubject to the provisions set forth in 63.2-1709.1, 63.2-1709.2 and63.2-1722. Any business or organization that commits such a violation of thissection after having been previously found in violation is guilty of a Class3 misdemeanor and may be denied a license or registration to operate suchbusiness or organization in the Commonwealth.

(Code 1950, 63-235, 63-236; 1968, cc. 578, 585, 63.1-198, 63.1-199;1975, c. 439; 1985, c. 360, 63.1-198.1; 1986, cc. 300, 627; 1987, cc. 130,131, 692, 693; 1992, c. 746; 1993, cc. 730, 742; 1995, c. 401; 1996, c. 747;1997, c. 427; 1998, cc. 551, 581; 1999, c. 740; 2001, c. 778; 2002, c. 747;2004, c. 714; 2005, cc. 610, 722, 924; 2006, cc. 744, 885.)