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2022 SESSION
22103543DBe it enacted by the General Assembly of Virginia:
1. That §§ 37.2-408.1 and 63.2-1726 of the Code of Virginia are amended and reenacted as follows:
§ 37.2-408.1. Background check required; children's residential facilities.
A. Notwithstanding the provisions of § 37.2-416, 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
Department shall require any person who (i) accepts a position of employment at
such a facility, (ii) is currently employed by such a facility, (iii)
volunteers for such a facility, or (iv) provides contractual services directly
to a juvenile for such a facility to submit to fingerprinting and to provide
personal descriptive information, to be forwarded along with the person's
fingerprints through the Central Criminal Records Exchange to the Federal Bureau
of Investigation for the purpose of obtaining criminal history record
information regarding the person. The children's residential facility shall
inform the person 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 person's
eligibility to have responsibility for the safety and well-being of children.
The person 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. The results of the
criminal history background check must be received prior to permitting a person
to work in the children's residential facility.
The Central Criminal Records Exchange, upon receipt of a person's record or notification that no record exists, shall forward it to the state agency that operates or regulates the children's residential facility with which the person is affiliated. The state agency shall, upon receipt of a person'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 person is eligible to have responsibility for the safety and well-being of children. Except as otherwise provided in subsection B, no children's residential facility regulated or operated by the Department shall hire for compensated employment or allow to volunteer or provide contractual services persons who have been convicted of or are the subject of pending charges for (a) any offense set forth in clause (i), (ii), (iii), or (v) of the definition of barrier crime in § 19.2-392.02 or (b) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (1) in the five years prior to the application date for employment, to be a volunteer, or to provide contractual services or (2) such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02. 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, or any substantially similar offense under the laws of another jurisdiction, 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 person 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 person disputes the information upon which the denial was based, upon written request of the person the state agency shall furnish the person the procedures for obtaining his criminal history record from the Federal Bureau of Investigation. The information provided to the children's residential facility shall not be disseminated except as provided in this section.
C. Those persons listed in clauses (i) through (iv) of
subsection A 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
person 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 receive
the results of the central registry search prior to permitting a person to
work. Children's residential facilities regulated or
operated by the Department 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.
D. Notwithstanding the provisions of subsection A, a person specified in subsection A may be hired for and may begin compensated employment at a children's residential facility prior to receipt of the results of the criminal history background check and check of the central registry of records maintained pursuant to § 63.2-1515 required by this section. However, no person specified in subsection A shall be alone with, in control of, or supervising one or more children until such time as the criminal history background check and the check of the central registry of records maintained pursuant to § 63.2-1515 have been completed.
E. The cost of obtaining the criminal history record and the central registry information shall be borne by the person unless the children's residential facility, at its option, decides to pay the cost.
§ 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 Behavioral Health and Developmental Services shall require
any individual who (i) accepts a position of employment at such a facility,
(ii) is employed by such a facility, (iii) volunteers for such a facility, or
(iv) provides contractual services directly to a juvenile for such a facility
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 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. The results of the criminal history background
check must be received prior to permitting an applicant to work in the
children's residential facility.
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 is eligible to have responsibility for the safety and well-being of children. Except as otherwise provided in subsection B, no children's residential facility regulated or operated by the Departments of Education, Behavioral Health and Developmental Services, Military Affairs, or Social Services shall hire for compensated employment or allow to volunteer or provide contractual services persons who have been convicted of or are the subject of pending charges for (a) any offense set forth in clause (i), (ii), (iii), or (v) of the definition of barrier crime in § 19.2-392.02 or (b) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (1) in the five years prior to the application date for employment, to be a volunteer, or to provide contractual services or (2) such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02. The provisions of this section also shall apply to residential programs 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 and to local secure detention facilities, provided, however, that the provisions of this section related to local secure detention facilities shall only apply to an individual who, on or after July 1, 2013, accepts a position of employment at such local secure detention facility, volunteers at such local secure detention facility on a regular basis and will be alone with a juvenile in the performance of his duties, or provides contractual services directly to a juvenile at a local secure detention facility on a regular basis and will be alone with a juvenile in the performance of his duties. The Central Criminal Records Exchange and the state or local agency that regulates or operates the local secure detention facility shall process the criminal history record information regarding such applicant in accordance with this subsection and subsection B.
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, or any substantially similar offense under the laws of another jurisdiction, 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. The information provided to the children's residential facility shall not be disseminated except as provided in this section.
C. Those individuals listed in clauses (i) through (iv) of
subsection A 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 receive
the results of the central registry search prior to permitting an applicant to
work. Children's residential facilities regulated or
operated by the Departments of Education; Behavioral Health and Developmental
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. 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.
D. Notwithstanding the provisions of subsection A, a person specified in subsection A may be hired for and may begin compensated employment at a children's residential facility prior to receipt of the results of the criminal history background check and check of the central registry of records maintained pursuant to § 63.2-1515 required by this section. However, no person specified in subsection A shall be alone with, in control of, or supervising one or more children until such time as the criminal history background check and the check of the central registry of records maintained pursuant to § 63.2-1515 have been completed.
E. The Boards of Social Services; Education; Juvenile Justice; and Behavioral Health and Developmental 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.