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.
2018 SESSION
18102280DPatrons-- McQuinn, Boysko, Gooditis, Hope, Hurst, Plum, Rasoul, Simon, Tyler and Watts; Senator: Vogel
Be it enacted by the General Assembly of Virginia:
1. That §§ 37.2-416 and 37.2-506 of the Code of Virginia are amended and reenacted as follows:
§ 37.2-416. Background checks required.
A. As used in this section:
"Direct care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an individual receiving services or (ii) immediately supervising a person in a position with this responsibility.
"Hire for compensated employment" does not include (i) a promotion from one adult substance abuse or adult mental health treatment position to another such position within the same licensee licensed pursuant to this article or (ii) new employment in an adult substance abuse or adult mental health treatment position in another office or program licensed pursuant to this article if the person employed prior to July 1, 1999, in a licensed program had no convictions in the five years prior to the application date for employment. "Hire for compensated employment" includes (a) a promotion or transfer from an adult substance abuse treatment position to any mental health or developmental services direct care position within the same licensee licensed pursuant to this article or (b) new employment in any mental health or developmental services direct care position in another office or program of the same licensee licensed pursuant to this article for which the person has previously worked in an adult substance abuse treatment position.
"Shared living" means an arrangement in which the Commonwealth's program of medical assistance pays a portion of a person's rent, utilities, and food expenses in return for the person residing with and providing companionship, support, and other limited, basic assistance to a person with developmental disabilities receiving medical assistance services in accordance with a waiver for whom he has no legal responsibility.
B. Every provider licensed pursuant to this article shall
require (i) any applicant who accepts employment in any direct care position,
(ii) any applicant for approval as a sponsored residential service provider,
(iii) any adult living in the home of an applicant for approval as a sponsored
residential service provider, (iv) any person employed by a sponsored
residential service provider to provide services in the home, and (v) any
person who enters into a shared living arrangement with a person receiving
medical assistance services pursuant to a waiver to submit to fingerprinting
and provide personal descriptive information to be forwarded through the
Central Criminal Records Exchange to the Federal Bureau of Investigation (FBI)
for the purpose of obtaining national criminal history record information
regarding the applicant. Except as otherwise provided in subsection C, D, or F E, no provider licensed
pursuant to this article shall:
1. Hire for compensated employment any person who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) 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;
2. Approve an applicant as a sponsored residential service provider if the applicant, any adult residing in the home of the applicant, or any person employed by the applicant has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date to be a sponsored residential service provider or (b) such applicant 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; or
3. Permit to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver any person who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to entering into a shared living arrangement or (b) 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 Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall submit a report to the requesting authorized officer or director of a provider licensed pursuant to this article. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the authorized officer or director of a provider licensed pursuant to this article shall not be disseminated except as provided in this section.
C. Notwithstanding the provisions of subsection B, a provider
may hire for compensated employment at adult substance abuse or adult mental
health treatment facilities a person who was convicted of any violation of §
18.2-51.3; a misdemeanor violation of § 18.2-56 or 18.2-56.1 or subsection A of
§ 18.2-57; any violation of § 18.2-60, 18.2-92, or 18.2-94; any offense set forth
in clause (iii) of the definition of barrier crime in § 19.2-392.02, except an
offense pursuant to subsections H1 and H2 of § 18.2-248; offense described in subdivision B 1
or any substantially similar offense under the laws of another jurisdiction, if
the hiring provider determines, based upon a screening assessment conducted in accordance with subsection D,
that the criminal behavior was substantially related to the applicant's
substance abuse or mental illness and that the person has been successfully
rehabilitated and is not a risk to individuals receiving services based on his
criminal history background and his substance abuse or mental illness history.
D. Notwithstanding the
provisions of subsection B, a provider may hire for compensated employment at
adult substance abuse treatment facilities a person who has been convicted of
not more than one offense under subsection C of § 18.2-57, or any substantially
similar offense under the laws of another jurisdiction, if (i) the person has
been granted a simple pardon if the offense was a felony committed in Virginia,
or the equivalent if the person was convicted under the laws of another
jurisdiction; (ii) more than 10 years have elapsed since the conviction; and
(iii) the hiring provider determines, based upon a screening assessment, that
the criminal behavior was substantially related to the applicant's substance
abuse and that the person has been successfully rehabilitated and is not a risk
to individuals receiving services based on his criminal history background and
his substance abuse history.
E. The
hiring provider and a screening contractor designated by the Department shall
screen applicants who meet the criteria set forth in
subsections subsection
C and D to assess whether the
applicants have been rehabilitated successfully and are not a risk to
individuals receiving services based on their criminal history backgrounds and
substance abuse or mental illness histories. To be eligible for such screening,
the applicant shall have completed all prison or jail terms, shall not be under
probation or parole supervision, shall have no pending charges in any locality,
shall have paid all fines, restitution, and court costs for any prior
convictions, and shall have been free of parole or probation for at least five
years for all convictions. In addition to any supplementary information the
provider or screening contractor may require or the applicant may wish to
present, the applicant shall provide to the screening contractor a statement
from his most recent probation or parole officer, if any, outlining his period
of supervision and a copy of any pre-sentencing or post-sentencing report in
connection with the felony conviction. The cost of this screening shall be paid
by the applicant, unless the licensed provider decides to pay the cost.
F. E. Notwithstanding
the provisions of subsection B, a provider may (i) hire for compensated
employment, (ii) approve as a sponsored residential service provider, or (iii)
permit to enter into a shared living arrangement 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 the offense while employed in a direct care position. A
provider may also approve a person as a sponsored residential service provider
if (a) any adult living in the home of an applicant or (b) any person employed
by the applicant to provide services in the home in which sponsored residential
services are provided has 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 the offense while employed in a direct
care position.
G. F. Providers licensed pursuant
to this article also shall require, as a condition of employment, approval as a
sponsored residential service provider, or permission to enter into a shared
living arrangement with a person receiving medical assistance services pursuant
to a waiver, written consent and personal information necessary to obtain a
search of the registry of founded complaints of child abuse and neglect that is
maintained by the Department of Social Services pursuant to § 63.2-1515.
H. G. The cost of obtaining the
criminal history record and search of the child abuse and neglect registry
record shall be borne by the applicant, unless the provider licensed pursuant
to this article decides to pay the cost.
I. H. 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.
§ 37.2-506. Background checks required.
A. As used in this section:
"Direct care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an individual receiving services or (ii) immediately supervising a person in a position with this responsibility.
"Hire for compensated employment" does not include (i) a promotion from one adult substance abuse or adult mental health treatment position to another such position within the same community services board or (ii) new employment in an adult substance abuse or adult mental health treatment position in another office or program of the same community services board if the person employed prior to July 1, 1999, had no convictions in the five years prior to the application date for employment. "Hire for compensated employment" includes (a) a promotion or transfer from an adult substance abuse treatment position to any mental health or developmental services direct care position within the same community services board or (b) new employment in any mental health or developmental services direct care position in another office or program of the same community services board for which the person has previously worked in an adult substance abuse treatment position.
"Shared living" means an arrangement in which the Commonwealth's program of medical assistance pays a portion of a person's rent, utilities, and food expenses in return for the person residing with and providing companionship, support, and other limited, basic assistance to a person with developmental disabilities receiving medical assistance services in accordance with a waiver for whom he has no legal responsibility.
B. Every community services board shall require (i) any
applicant who accepts employment in any direct care position with the community
services board, (ii) any applicant for approval as a sponsored residential
service provider, (iii) any adult living in the home of an applicant for
approval as a sponsored residential service provider, (iv) any person employed
by a sponsored residential service provider to provide services in the home,
and (v) any person who enters into a shared living arrangement with a person
receiving medical assistance services pursuant to a waiver to submit to
fingerprinting and provide personal descriptive information to be forwarded
through the Central Criminal Records Exchange to the Federal Bureau of
Investigation (FBI) for the purpose of obtaining national criminal history
record information regarding the applicant. Except as otherwise provided in
subsection C, D,
or F E,
no community services board shall hire for compensated employment, approve as a
sponsored residential service provider, or permit to enter into a shared living
arrangement with a person receiving medical assistance services pursuant to a
waiver persons who have been convicted of (a) any
offense set forth in clause (i), (ii), or (iii) 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, the application date to be a sponsored
residential service provider, or entering into a shared living arrangement 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 Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall submit a report to the requesting executive director or personnel director of the community services board. If any applicant is denied employment because of information appearing on his criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the executive director or personnel director of any community services board shall not be disseminated except as provided in this section.
C. Notwithstanding the provisions of subsection B, the a
community services board may hire for compensated employment at adult substance
abuse or adult mental health treatment programs a person who was convicted of
any violation of §
18.2-51.3; a misdemeanor violation of § 18.2-56 or 18.2-56.1, subsection A of §
18.2-57, or § 18.2-57.2; any violation of 18.2-60, 18.2-92, or 18.2-94; any
offense set forth in clause (iii) of the definition of barrier crime in §
19.2-392.02, except an offense pursuant to subsection H1 or H2 of § 18.2-248; offense described in
subsection B or any substantially similar offense under the
laws of another jurisdiction, if the hiring community services board
determines, based upon a screening assessment
conducted in accordance with subsection D, that the
criminal behavior was substantially related to the applicant's substance abuse
or mental illness and that the person has been successfully rehabilitated and
is not a risk to individuals receiving services based on his criminal history
background and his substance abuse or mental illness history.
D. Notwithstanding the
provisions of subsection B, the community services board may hire for
compensated employment at adult substance abuse treatment programs a person who
has been convicted of not more than one offense under subsection C of §
18.2-57, or any substantially similar offense under the laws of another
jurisdiction, if (i) the person has been granted a simple pardon if the offense
was a felony committed in Virginia, or the equivalent if the person was
convicted under the laws of another jurisdiction; (ii) more than 10 years have
elapsed since the conviction; and (iii) the hiring community services board
determines, based upon a screening assessment, that the criminal behavior was
substantially related to the applicant's substance abuse and that the person
has been successfully rehabilitated and is not a risk to individuals receiving
services based on his criminal history background and his substance abuse
history.
E. The
community services board and a screening contractor designated by the
Department shall screen applicants who meet the criteria set forth in subsections subsection C and D to assess whether the
applicants have been rehabilitated successfully and are not a risk to
individuals receiving services based on their criminal history backgrounds and
substance abuse or mental illness histories. To be eligible for such screening,
the applicant shall have completed all prison or jail terms, shall not be under
probation or parole supervision, shall have no pending charges in any locality,
shall have paid all fines, restitution, and court costs for any prior
convictions, and shall have been free of parole or probation for at least five
years for all convictions. In addition to any supplementary information the
community services board or screening contractor may require or the applicant
may wish to present, the applicant shall provide to the screening contractor a
statement from his most recent probation or parole officer, if any, outlining his
period of supervision and a copy of any pre-sentencing or post-sentencing
report in connection with the felony conviction. The cost of this screening
shall be paid by the applicant, unless the board decides to pay the cost.
F. E. Notwithstanding
the provisions of subsection B, a community services board may (i) hire for
compensated employment, (ii) approve as a sponsored residential service
provider, or (iii) permit to enter into a shared living arrangement 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 the offense while employed in a direct care position. A
community services board may also approve a person as a sponsored residential
service provider if (a) any adult living in the home of an applicant or (b) any
person employed by the applicant to provide services in the home in which
sponsored residential services are provided has 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 the offense while
employed in a direct care position.
G. F. Community
services boards also shall require, as a condition of employment, approval as a
sponsored residential service provider, or permission to enter into a shared
living arrangement with a person receiving medical assistance services pursuant
to a waiver, written consent and personal information necessary to obtain a
search of the registry of founded complaints of child abuse and neglect that is
maintained by the Department of Social Services pursuant to § 63.2-1515.
H. G. The cost
of obtaining the criminal history record and search of the child abuse and
neglect registry record shall be borne by the applicant, unless the community
services board decides to pay the cost.
I. H. 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.