2006 Code of Virginia § 63.2-1723 - Child welfare agencies; criminal conviction and waiver

63.2-1723. Child welfare agencies; criminal conviction and waiver.

A. Any person who seeks to operate, volunteer or work at a child welfareagency and who is disqualified because of a criminal conviction or a criminalconviction in the background check of any other adult living in a family dayhome regulated by the Department, pursuant to 63.2-1720, 63.2-1721 and63.2-1724, may apply in writing for a waiver from the Commissioner. TheCommissioner may grant a waiver if the Commissioner determines that (i) theperson is of good moral character and reputation and (ii) the waiver wouldnot adversely affect the safety and well-being of children in the person'scare. The Commissioner shall not grant a waiver to any person who has beenconvicted of a barrier crime as defined in 63.2-1719. However, theCommissioner may grant a waiver to a family day home regulated by theDepartment if any other adult living in the home of the applicant or providerhas been convicted of not more than one misdemeanor offense under 18.2-57or 18.2-57.2, provided (a) five years have elapsed following the convictionand (b) the Department has conducted a home study that includes, but is notlimited to, (1) an assessment of the safety of children placed in the homeand (2) a determination that the offender is now a person of good moralcharacter and reputation. The waiver shall not be granted if the adult livingin the home is an assistant or substitute provider or if such adult has beenconvicted of a misdemeanor offense under both 18.2-57 and 18.2-57.2. Anywaiver granted under this section shall be available for inspection by thepublic. The child welfare agency shall notify in writing every parent andguardian of the children in its care of any waiver granted for its operators,employees or volunteers.

B. The Board shall adopt regulations to implement the provisions of thissection.

(1998, cc. 551, 581, 63.1-198.4; 2001, c. 867; 2002, c. 747.)