SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 63.2-1720 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-1720. Employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty.
A. An assisted living facility, adult day care center or child
welfare agency licensed or registered in accordance with the provisions of this
chapter, or family day homes approved by family day systems, shall not hire for
compensated employment persons who have an offense as defined in § 63.2-1719.
Such employees shall undergo background checks pursuant to subsection C
D. In the case of child welfare agencies, the provisions of this section
shall apply to employees who are involved in the day-to-day operations of such
agency or who are alone with, in control of, or supervising one or more
children.
B. A licensed assisted living facility or adult day care center may hire an applicant convicted of one misdemeanor barrier crime not involving abuse or neglect or moral turpitude, provided five years have elapsed following the conviction.
C. Notwithstanding the provisions of subsection A, a child day center may hire for compensated employment persons who have been convicted of not more than one misdemeanor offense under § 18.2-57 if 10 years have elapsed following the conviction, unless the person committed such offense while employed in a child day center or the object of the offense was a minor.
D. Background checks pursuant to this section require:
1. A sworn statement or affirmation disclosing whether the person has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and, in the case of child welfare agencies, whether or not the person has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;
2. A criminal history record check through the Central Criminal Records Exchange pursuant to § 19.2-389; and
3. In the case of child welfare agencies, a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.
D E. Any person desiring to work as a
compensated employee at a licensed assisted living facility, licensed adult day
care center, a licensed or registered child welfare agency, or a family day
home approved by a family day system shall provide the hiring or approving
facility, center or agency with a sworn statement or affirmation pursuant to
subdivision C D 1. Any person making a materially false statement
regarding the sworn statement or affirmation provided pursuant to subdivision
C D 1 shall be guilty of a Class 1 misdemeanor.
E F. A licensed assisted living facility,
licensed adult day care center, a licensed or registered child welfare agency,
or a family day home approved by a family day system shall obtain for any
compensated employees within thirty 30 days of employment (i) an
original criminal record clearance with respect to convictions for offenses
specified in § 63.2-1719 or an original criminal history record from the
Central Criminal Records Exchange and (ii) in the case of licensed or
registered child welfare agencies or family day homes approved by family day
systems, a copy of the information from the central registry. If an applicant
is denied employment because of information from the central registry or
convictions appearing on his criminal history record, the assisted living
facility, adult day care center or child welfare agency shall provide a copy of
the information obtained from the central registry or the Central Criminal
Records Exchange or both to the applicant.
F G. No volunteer who has an offense as defined
in § 63.2-1719 shall be permitted to serve in a licensed or registered child
welfare agency or a family day home approved by a family day system. Any person
desiring to volunteer at such a child welfare agency shall provide the agency
with a sworn statement or affirmation pursuant to subdivision C D
1. Such child welfare agency shall obtain for any volunteers, within thirty
30 days of commencement of volunteer service, a copy of (i) the information
from the central registry and (ii) an original criminal record clearance with
respect to offenses specified in § 63.2-1719 or an original criminal history
record from the Central Criminal Records Exchange. Any person making a
materially false statement regarding the sworn statement or affirmation
provided pursuant to subdivision C D 1 shall be guilty of a Class
1 misdemeanor. If a volunteer is denied service because of information from the
central registry or convictions appearing on his criminal history record, such
child welfare agency shall provide a copy of the information obtained from the
central registry or the Central Criminal Records Exchange or both to the
volunteer. The provisions of this subsection shall apply only to volunteers who
will be alone with any child in the performance of their duties and shall not
apply to a parent-volunteer of a child attending a licensed or registered child
welfare agency, or a family day home approved by a family day system, whether
or not such parent-volunteer will be alone with any child in the performance of
his duties. A parent-volunteer is someone supervising, without pay, a group of
children that includes the parent-volunteer's own child in a program that
operates no more than four hours per day, provided that the parent-volunteer
works under the direct supervision of a person who has received a clearance
pursuant to this section.
G H. No volunteer shall be permitted to serve in
a licensed assisted living facility or licensed adult day care center without
the permission or under the supervision of a person who has received a
clearance pursuant to this section.
H I. Further dissemination of the background
check information is prohibited other than to the Commissioner's representative
or a federal or state authority or court as may be required to comply with an
express requirement of law for such further dissemination.
I J. A licensed assisted living facility shall
notify and provide all students a copy of the provisions of this article prior
to or upon enrollment in a certified nurse aide program operated by such
assisted living facility.
J K. The provisions of this section shall not
apply to any children's residential facility licensed pursuant to § 63.2-1701,
which instead shall comply with the background investigation requirements
contained in § 63.2-1726.
K L. A person who complies in good faith with
the provisions of this section shall not be liable for any civil damages for
any act or omission in the performance of duties under this section unless the
act or omission was the result of gross negligence or willful misconduct.