2006 Code of Virginia § 63.2-901.1 - Criminal history and central registry check for placements of children

63.2-901.1. Criminal history and central registry check for placements ofchildren.

A. Each local board and licensed child-placing agency shall obtain andconsider, in accordance with regulations adopted by the Board, criminalhistory record information from the Central Criminal Records Exchange and theFederal Bureau of Investigation through the Central Criminal Records Exchangeand the results of a search of the child abuse and neglect central registryof any individual with whom the local board or agency is considering placinga child on an emergency, temporary or permanent basis, including the birthparent of a child in foster care placement. The local board or agency mayalso obtain such a criminal records or registry search on all adult householdmembers residing in the home of the individual with whom the child is to beplaced. The local board or child placing agency shall require the individualfor whom a criminal history record information check was requested to submitto fingerprinting and provide personal descriptive information to beforwarded along with the fingerprints through the Central Criminal RecordsExchange to the Federal Bureau of Investigation for the purpose of obtainingcriminal record history information. Such state criminal records or registrysearch shall be at no cost to the individual. The local board or childplacing agency will be required to pay for the national fingerprint criminalhistory record check or may require such individual to pay the cost of thefingerprinting or the national fingerprinting criminal history record checkor both. If the placement is not made because of information obtained througha national fingerprint criminal history or registry search or both, the localboard or agency, upon request, shall provide a copy of the informationobtained to the individual who is the subject of the search. Furtherdissemination of the information provided to the local board or agency isprohibited.

B. In emergency circumstances, each local board or licensed child-placingagency may obtain, from a criminal justice agency, criminal history recordinformation from the Central Criminal Records Exchange and the Federal Bureauof Investigation through the Virginia Criminal Information Network (VCIN) forthe criminal records search authorized by this section. Within three days ofplacing a child, the local board or child placing agency shall require theindividual for whom a criminal history record information check was requestedto submit to fingerprinting and provide personal descriptive information tobe forwarded along with the fingerprints through the Central Criminal RecordsExchange to the Federal Bureau of Investigation for the purpose of obtainingcriminal record history information. The child shall be removed from the homeimmediately if any adult resident fails to provide such fingerprints andwritten permission to perform a national criminal history record check whenrequested. Such state criminal records or registry search shall be at no costto the individual. The local board or child placing agency will be requiredto pay for the national fingerprint criminal history record check or mayrequire such individual to pay the cost of the fingerprinting or the nationalfingerprint criminal history record check or both.

C. A child-placing agency may approve as a 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.

(2002, cc. 587, 606, 63.1-56.01; 2005, c. 722; 2006, c. 558.)