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2006 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 63.2-901.1 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-901.1. Criminal history and central registry check for placements of children.
A. Each local board and licensed child-placing agency shall
obtain and consider, in accordance with regulations adopted by the Board, statewide
criminal history record information from the Central Criminal Records Exchange and
the Federal Bureau of Investigation through the Central Criminal Records
Exchange and the results of a search of the child abuse and neglect central
registry of any individual with whom the local board or agency is considering
placing a child on an emergency, temporary or permanent basis, including the
birth parent of a child in foster care placement. The local board or agency may
also obtain such a criminal records or registry search on all adult household
members residing in the home of the individual with whom the child is to be
placed. The local board or child placing agency shall require the individual
for whom a criminal history record information check was requested to submit to
fingerprinting and provide personal descriptive information to be forwarded
along with the fingerprints through the Central Criminal Records Exchange to
the Federal Bureau of Investigation for the purpose of obtaining criminal
record history information. Such state criminal records or registry
search shall be at no cost to the individual. The local board or child
placing agency will be required to pay for the national fingerprint criminal
history record check or may require such individual to pay the cost of the
fingerprinting or the national fingerprinting criminal history record check or
both. If the placement is not made because of information obtained through the
criminal history record information a national fingerprint criminal history
or registry search or both, the local board or agency, upon request,
shall provide a copy of the information obtained to the individual who is the
subject of the search. Further dissemination of the information provided to the
local board or agency is prohibited.
B. In emergency circumstances, each local board or licensed child-placing agency may obtain, from a criminal justice agency, criminal history record information from the Central Criminal Records Exchange and the Federal Bureau of Investigation through the Virginia Criminal Information Network (VCIN) for the criminal records search authorized by this section. Within three days of placing a child, the local board or child placing agency shall require the individual for whom a criminal history record information check was requested to submit to fingerprinting and provide personal descriptive information to be forwarded along with the fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal record history information. The child shall be removed from the home immediately if any adult resident fails to provide such fingerprints and written permission to perform a national criminal history record check when requested. Such state criminal records or registry search shall be at no cost to the individual. The local board or child placing agency will be required to pay for the national fingerprint criminal history record check or may require such individual to pay the cost of the fingerprinting or the national fingerprint criminal history record check or both.
C. A child-placing agency may approve as a foster parent an applicant convicted of not more than one misdemeanor as set out in § 18.2-57 not involving abuse, neglect, moral turpitude, or a minor, provided 10 years have elapsed following the conviction.