2006 Code of Virginia § 63.2-1725 - (Contingent expiration date - see note) Records checks of child day centers or family day homes re...

63.2-1725. (Contingent expiration date - see note) Records checks of childday centers or family day homes receiving federal, state or local child carefunds; penalty.

Whenever any child day center or family day home that has not met therequirements of 63.2-1720, 63.2-1721 and 63.2-1724 applies to enter into acontract with a local department to provide child care services to clients ofthe local department, the local department shall require a criminal recordscheck pursuant to subdivision A 11 of 19.2-389, as well as a search of thecentral registry maintained pursuant to 63.2-1515, on any child abuse orneglect investigation, of the applicant; any employee; prospective employee;volunteers; agents involved in the day-to-day operation; all agents who arealone with, in control of, or supervising one or more of the children; andany other adult living in a family day home. The applicant shall provide thelocal department with copies of these records checks. The child day center orfamily day home shall not be permitted to enter into a contract with a localdepartment for child care services when an applicant; any employee; aprospective employee; a volunteer, an agent involved in the day-to-dayoperation; an agent alone with, in control of, or supervising one or morechildren; or any other adult living in a family day home has any offense asdefined in 63.2-1719. The child day center or family day home shall alsorequire the above individuals to provide a sworn statement or affirmationdisclosing whether or not the person has ever been (i) the subject of afounded case of child abuse or neglect or (ii) convicted of a crime or is thesubject of any pending criminal charges within the Commonwealth or anyequivalent offense outside the Commonwealth. Any person making a materiallyfalse statement regarding any such offense shall be guilty of a Class 1misdemeanor. If a person is denied employment or work because of informationfrom the central registry or convictions appearing on his criminal historyrecord, the child day center or family day program shall provide a copy ofsuch information obtained from the central registry or Central CriminalRecords Exchange or both to the person. Further dissemination of theinformation provided to the facility, beyond dissemination to the localdepartment, is prohibited.

(1999, c. 727, 63.1-198.5; 2002, c. 747.)

63.2-1725. (Contingent effective date - see notes) Records checks of childday centers or family day homes receiving federal, state or local child carefunds; penalty.

Whenever any child day center or family day home that has not met therequirements of 63.2-1720, 63.2-1721 and 63.2-1724 applies to enter into acontract with a local department to provide child care services to clients ofthe local department, the local department shall require a national criminalrecords check pursuant to subdivision B 2 of 63.2-1721, as well as a searchof the central registry maintained pursuant to 63.2-1515, on any childabuse or neglect investigation, of the applicant; any employee; prospectiveemployee; volunteers; agents involved in the day-to-day operation; all agentswho are alone with, in control of, or supervising one or more of thechildren; and any other adult living in a family day home. The applicantshall provide the local department with copies of these records checks. Thechild day center or family day home shall not be permitted to enter into acontract with a local department for child care services when an applicant;any employee; a prospective employee; a volunteer, an agent involved in theday-to-day operation; an agent alone with, in control of, or supervising oneor more children; or any other adult living in a family day home has anyoffense as defined in 63.2-1719. The child day center or family day homeshall also require the above individuals to provide a sworn statement oraffirmation disclosing whether or not the person has ever been (i) thesubject of a founded case of child abuse or neglect or (ii) convicted of acrime or is the subject of any pending criminal charges within theCommonwealth or any equivalent offense outside the Commonwealth. Any personmaking a materially false statement regarding any such offense shall beguilty of a Class 1 misdemeanor. If a person is denied employment or workbecause of information from the central registry the child day center orfamily day program shall provide a copy of such information obtained from thecentral registry to the person. Further dissemination of the informationprovided to the facility, beyond dissemination to the local department, isprohibited.

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 required to forfeit its license to operate suchbusiness or organization in the Commonwealth.

(1999, c. 727, 63.1-198.5; 2002, c. 747; 2006, c. 744.)