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Developed and maintained by the Division of Legislative Automated Systems.
2007 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 63.2-1726 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-1726. Background check required; children's residential facilities.
A. As a condition of employment, volunteering or providing
services on a regular basis, every children's residential facility that is
regulated or operated by the Departments of Social Services; Education;
Military Affairs; or Mental Health, Mental Retardation and Substance Abuse
Services shall require any individual who (i) accepts a position of employment
at such a facility who was not employed by that facility prior to July 1,
1994 2007, (ii) volunteers for such a facility on a regular basis
and will be alone with a juvenile in the performance of his duties who was not
a volunteer at such facility prior to July 1, 1994 2007, or (iii)
provides contractual services directly to a juvenile for such facility on a
regular basis and will be alone with a juvenile in the performance of his
duties who did not provide such services prior to July 1, 1994 2007;
to submit to fingerprinting and to provide personal descriptive information, to
be forwarded along with the applicant's fingerprints through the Central
Criminal Records Exchange to the Federal Bureau of Investigation for the
purpose of obtaining criminal history record information regarding such
applicant. The children's residential facility shall inform the applicant that
he is entitled to obtain a copy of any background check report and to challenge
the accuracy and completeness of any such report and obtain a prompt resolution
before a final determination is made of the applicant's fitness
eligibility to have responsibility for the safety and well-being of
children. The applicant shall provide the children's residential facility with
a written statement or affirmation disclosing whether he has ever been
convicted of or is the subject of pending charges for any offense within or
outside the Commonwealth. Prior to permitting an applicant to begin his
duties, the children's residential facility shall obtain the statement or
affirmation from the applicant and shall submit the applicant's fingerprints
and personal descriptive information to the Central Criminal Records Exchange.
The results of the criminal history background check must be received prior
to permitting an applicant to work with children.
The Central Criminal Records Exchange, upon receipt of an
individual's record or notification that no record exists, shall forward it to
the state agency which operates or regulates the children's residential
facility with which the applicant is affiliated. The state agency shall, upon
receipt of an applicant's record lacking disposition data, conduct research in
whatever state and local recordkeeping systems are available in order to obtain
complete data. The state agency shall report to the children's facility whether
the applicant meets the criteria to is eligible to have
responsibility for the safety and well-being of children. based on
whether or not the applicant has ever been convicted of or is the subject of
pending charges for the following crimes: Except as otherwise provided
in subsection B, no children's residential facility regulated or operated by the
Departments of Education; Mental Health, Mental Retardation and Substance Abuse
Services; Military Affairs; or Social Services shall hire for compensated
employment or allow to volunteer or provide contractual services persons who
have been (i) convicted of or are the subject of pending charges for the
following crimes: murder or manslaughter as set out in Article 1 (§ 18.2-30
et seq.) of Chapter 4 of Title 18.2,; malicious wounding by
mob as set out in § 18.2-41; abduction as set out in § 18.2-47 A; abduction
for immoral purposes as set out in § 18.2-48,; assault and bodily
woundings as set out in Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title
18.2,; robbery as set out in § 18.2-58,; carjacking
as set out in § 18.2-58.1; extortion by threat as set out in § 18.2-59,;
threat as set out in § 18.2-60; any felony stalking violation as set out in
§ 18.2-60.3; sexual assault as set out in Article 7 (§ 18.2-61 et seq.) of
Chapter 4 of Title 18.2,; arson as set out in Article 1 (§
18.2-77 et seq.) of Chapter 5 of Title 18.2,; burglary as set out
in Article 2 (§ 18.2-89 et seq.) of Chapter 5 of Title 18.2, possession or
distribution of drugs as set out in Article 1 (§ 18.2-247 et seq.) of Chapter 7
of Title 18.2,; any felony violation relating to distribution of
drugs as set out in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;
drive-by shooting as set out in § 18.2-286.1; use of a machine gun in a crime
of violence as set out in § 18.2-289; aggressive use of a machine gun as set
out in § 18.2-290; use of a sawed off shotgun in a crime of violence as set out
in subsection A of § 18.2-300; pandering as set out in § 18.2-355,;
crimes against nature involving children as set out § 18.2-361,;
taking indecent liberties with children as set out in § 18.2-370 or §
18.2-370.1,; abuse and or neglect of children as
set out in § 18.2-371.1, including failure to secure medical attention
for an injured child as set out in § 18.2-314,; obscenity
offenses as set out in § 18.2-374.1,; possession of child
pornography as set out in § 18.2-374.1:1; electronic facilitation of
pornography as set out in § 18.2-374.3; incest as set out in § 18.2-366; abuse
and or neglect of incapacitated adults as set out in § 18.2-369,;
employing or permitting a minor to assist in an act constituting an offense
under Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2, as set out in
§ 18.2-379,; delivery of drugs to prisoners as set out in §
18.2-474.1; escape from jail as set out in § 18.2-477; felonies by prisoners as
set out in § 53.1-203; or an equivalent offense in another state.;
or (ii) convicted of any felony violation relating to possession of drugs set
out in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 in the five
years prior to the application date for employment, to be a volunteer, or to
provide contractual services; or (iii) convicted of any felony violation
relating to possession of drugs as set out in Article 1 (§ 18.2-247 et seq.) of
Chapter 7 of Title 18.2 and continue on probation or parole or have failed to
pay required court costs. The provisions of this section also shall apply to
structured residential programs, excluding secure detention facilities,
established pursuant to § 16.1-309.3 for juvenile offenders cited in a
complaint for intake or in a petition before the court that alleges the
juvenile is delinquent or in need of services or supervision.
B. Notwithstanding the provisions of subsection A, a children's residential facility may hire for compensated employment or for volunteer or contractual service purposes persons who have been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2, if 10 years have elapsed following the conviction, unless the person committed such offense in the scope of his employment, volunteer, or contractual services.
If the applicant is denied employment, or the opportunity to
volunteer or provide services at a children's residential facility because of
information appearing on his criminal history record, and the applicant
disputes the information upon which the denial was based, upon written request
of the applicant the state agency shall furnish the applicant the procedures
for obtaining his criminal history record from the Federal Bureau of
Investigation. If the applicant has been permitted to provide services
assume duties that do not involve contact with children pending receipt of
the report, the children's residential facility is not precluded from
suspending the applicant from his position or denying the applicant
unsupervised access to clients pending a final determination of the
applicant's fitness eligibility to have responsibility for the
safety and well-being of children. The information provided to the children's
residential facility shall not be disseminated except as provided in this section.
B C. Those individuals listed in clauses (i),
(ii) and (iii) of subsection A shall also shall authorize the
children's residential facility to obtain a copy of information from the
central registry maintained pursuant to § 63.2-1515 on any investigation of
child abuse or neglect undertaken on him. The applicant shall provide the
children's residential facility with a written statement or affirmation
disclosing whether he has ever been the subject of a founded case of child
abuse or neglect within or outside the Commonwealth. The children's residential
facility shall submit the request for information to receive the
results of the central registry search prior to permitting an
applicant to begin his duties work alone with children. The
children's residential facility shall obtain a copy of the information from the
central registry within twenty-one days of the applicant beginning his duties.
Children's residential facilities regulated or operated by the Departments
of Education; Mental Health, Mental Retardation and Substance Abuse Services;
Military Affairs; and Social Services shall not hire for compensated employment
or allow to volunteer or provide contractual services, persons who have a
founded case of child abuse or neglect. The provisions of this
subsection also shall apply to every Every residential facility for
juveniles which is regulated or operated by the Department of Juvenile Justice
shall be authorized to obtain a copy of the information from the central
registry.
C D. The Boards of Social Services; Education;
Juvenile Justice; and Mental Health, Mental Retardation and Substance Abuse
Services, and the Department of Military Affairs, may adopt regulations to
comply with the provisions of this section. Copies of any information received
by a children's residential facility pursuant to this section shall be
available to the agency that regulates or operates such facility but shall not
be disseminated further. The cost of obtaining the criminal history record and
the central registry information shall be borne by the employee or volunteer
unless the children's residential facility, at its option, decides to pay the
cost.