2014 Virginia Code
Title 63.2 - Welfare (Social Services)
§ 63.2-1722. Revocation or denial of renewal based on background checks; failure to obtain background check

A. The Commissioner may revoke or deny renewal of a license or registration of a child welfare agency, an assisted living facility or adult day care center, a child-placing agency may revoke the approval of a foster home, and a family day system may revoke the approval of a family day home if the assisted living facility, adult day care center, child welfare agency, foster home or approved family day home has knowledge that a person specified in §§ 63.2-1720 and 63.2-1721 required to have a background check has an offense as defined in § 63.2-1719, and such person has not been granted a waiver by the Commissioner pursuant to § 63.2-1723 or is not subject to the exceptions in subsection B of § 63.2-1720 and subsection E of § 63.2-1721, and the facility, center or agency refuses to separate such person from employment or service.

B. Failure to obtain background checks pursuant to §§ 63.2-1720 and 63.2-1721 shall be grounds for denial or revocation of a license, registration or approval. No violation shall occur if the assisted living facility, adult day care center or child welfare agency has applied for the background check timely and it has not been obtained due to administrative delay. The provisions of this section shall be enforced by the Department.

Code 1950, § 63-235; 1968, cc. 578, § 63.1-198, 585; 1975, c. 439; 1985, c. 360; 1992, c. 746; 1993, cc. 730, 742; 1995, c. 401; 1996, c. 747; 1997, c. 427; 1998, cc. 551, 581; 2002, c. 747.