16103492D
HOUSE BILL NO. 500
Offered January 13, 2016
Prefiled January 8, 2016
A BILL to amend and reenact §§63.2-1720 through 63.2-1721.1,
as they shall become effective, 63.2-1722, 63.2-1724, and 63.2-1725 of the Code
of Virginia, relating to child care providers; criminal history background
check.
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Patron-- Filler-Corn
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §§63.2-1720 through 63.2-1721.1, as they shall
become effective, 63.2-1722, 63.2-1724, and 63.2-1725 of the Code of Virginia
are amended and reenacted as follows:
§63.2-1720. (Effective July 1, 2017) Assisted living
facilities and adult day care centers; employment for compensation of persons
or use of volunteers convicted of certain offenses prohibited; background check
required; penalty.
A. No assisted living facility, adult day care center,
child-placing agency, or independent
foster home, or family day system
licensed in accordance with the provisions of this chapter,
or registered family day homes or family day homes approved by family day
systems, shall hire for compensated employment persons who
have an offense as defined in §63.2-1719. All applicants for employment shall
undergo background checks pursuant to subsection C.
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, if five years have elapsed following the
conviction.
C. Background checks pursuant to subsection A 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 licensed
child-placing agencies, and independent foster homes, and family day systems, registered family day
homes, and family day homes approved by family day systems, 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 records check through the Central
Criminal Records Exchange pursuant to §19.2-389; and
3. In the case of licensed child-placing agencies,
and independent foster homes,
and family day systems, registered family day
homes, and family day homes approved by family day systems,
a search of the central registry maintained pursuant to §63.2-1515 for any
founded complaint of child abuse and neglect.
D. Any person making a materially false statement regarding
the sworn statement or affirmation provided pursuant to subdivision C 1 is
guilty of a Class 1 misdemeanor.
E. A licensed assisted living facility, licensed adult day
care center, licensed child-placing agency, or licensed independent foster
home, licensed family day system, registered family day
home, or family day home approved by a family day system
shall obtain for any compensated employees within 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 child-placing
agencies,
and independent foster homes,
and family day systems, registered family day homes, and family day homes
approved by family day systems, a copy of the information
from the central registry for any compensated employee within 30 days of
employment. However, no employee shall be permitted to work in a position that
involves direct contact with a person or child receiving services until an
original criminal record clearance or original criminal history record has been
received, unless such person works under the direct supervision of another
employee for whom a background check has been completed in accordance with the
requirements of this section. If an applicant is denied employment because of
information from the central registry or convictions appearing on his criminal
history record, the licensed assisted living facility, adult day care center,
child-placing agency, or
independent foster home, or family day
system, registered family day home, or family day home approved by a family day
system shall provide a copy of the information obtained
from the central registry or the Central Criminal Records Exchange or both to
the applicant.
F. No volunteer who has an offense as defined in §63.2-1719
shall be permitted to serve in a licensed child-placing agency, or
independent foster home, or family day
system, registered family day home, or family day home approved by a family day
system. Any person desiring to volunteer at a licensed
child-placing agency, or independent foster home, or family day system, registered family day home,
or family day home approved by a family day system shall
provide the agency, system,
or home with a sworn statement or affirmation pursuant to subdivision C 1. Such
licensed child-placing agency, or independent foster home, or family day system, registered family day home,
or family day home approved by a family day system shall obtain
for any volunteers, within 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 1 is 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
licensed child-placing agency, or independent foster home, or family day system, registered family day home,
or family day home approved by a family day system
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 child-placing agency, or
independent foster home, or family day
system, registered family day home, or 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. 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. 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. 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. 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.
§63.2-1720.1. (Effective July 1, 2017) Child
day centers, family day homes,
and family day systems; employment for compensation or use as volunteers
of persons convicted of or found to have committed certain offenses prohibited;
national background check required; penalty.
A. No child day center or, family day home, or family day system licensed
in accordance with the provisions of this chapter,
child day center exempt from
licensure pursuant to §63.2-1716, registered family day home, family day home
approved by a family day
system, or child day center or
family day home that enters into a contract with the
Department or a local department to provide child care services funded by the
Child Care and Development Block Grant shall hire for
compensated employment, continue to employ,
or permit to serve as a volunteer in a position that
is involved in the day-to-day operations of the child day center or family day
home or in which the employee or volunteer who will be alone with, in
control of, or supervising children any person who has an offense as defined in
§63.2-1719. All applicants for employment or, employees, applicants to
serve as volunteers, and volunteers
shall undergo a background check in accordance with subsection B prior to employment or beginning to serve as a
volunteer and every five years thereafter.
B. Any applicant individual
required to undergo a background check in accordance with subsection A shall:
1. Provide a sworn 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 and whether he has been the subject
of a founded complaint of child abuse or neglect within or outside the
Commonwealth;
2. Submit to fingerprinting and provide personal descriptive
information described in subdivision B 2 of §19.2-392.02; and
3. Authorize the child day center or, family day home, or family day system described in subsection A
to obtain a copy of information
from the
results of a search of the central registry maintained
pursuant to §63.2-1515 on any investigation
of child abuse or neglect undertaken on him and any child abuse and neglect registry or
equivalent registry maintained by any other state in which the individual has
resided in the preceding
five years for any founded complaint of child abuse or
neglect against him.
The applicant's individual's
fingerprints and personal descriptive information obtained pursuant to
subdivision 2 shall be forwarded through the Central Criminal Records Exchange
to the Federal Bureau of Investigation for the purpose of obtaining national
criminal history record information regarding such applicant individual.
Upon receipt of an
applicant's the
individual's record or notification that no record exists,
the Central Criminal Records Exchange shall forward the information to the
Department, and the Department shall report to the child day center or,
family day home, or family day
system described in subsection A as to
whether the applicant individual
is eligible to have responsibility for the safety and well-being of children. In
cases in which the record forwarded to the Department is lacking disposition
data, the Department shall conduct research in whatever state and local
recordkeeping systems are available in order to obtain complete data before
reporting to the child day center or, family day home, or family day system.
C. The child day center or, family day home, or family day system described in subsection A
shall inform every applicant
for compensated employment or to serve as a volunteer individual
required to undergo a background check pursuant to this section 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 individual's
eligibility to have responsibility for the safety and well-being of children.
D. Any person making a materially false statement regarding
the sworn statement or affirmation provided pursuant to subdivision B 1 is
guilty of a Class 1 misdemeanor.
E. 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.
F. 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.
G. 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.
H. Fees charged for the processing and administration of
background checks pursuant to this section shall not exceed the actual cost to
the state of such processing and administration.
I. Any person
employed for compensation at a licensed child day center or family day home or
permitted to serve as a volunteer at a licensed child day center or family day
home in a position that is involved in the day-to-day operations of the child
day center or family day home or in which he will be alone with, in control of,
or supervising children individual
required to undergo a background check pursuant to subsection A
who is (i) convicted of an offense as defined in §63.2-1719 within or outside
of the Commonwealth or (ii) found to be the subject of a founded complaint of
child abuse or neglect within or outside of the Commonwealth shall notify the
child day center or, family day home, or family day system described in subsection A
of such conviction or finding.
§63.2-1721. (Effective July 1, 2017) Background check upon
application for licensure as a child-placing agency, etc.; penalty.
A. Upon application for licensure as a child-placing agency, or
independent foster home, or family day
system or registration as a family day home, (i) all
applicants;
and (ii) agents at the time of application
who are or will be involved in the day-to-day operations of the child-placing
agency, or
independent foster home, family day system,
or family day home or who are or will be alone with, in
control of, or supervising one or more of the children;
and (iii) any other adult living in the home of an applicant for registration
as a family day home shall undergo a background check
pursuant to subsection B. Upon application for licensure as an assisted living
facility, all applicants shall undergo a background check pursuant to
subsection B. In addition, foster or adoptive parents requesting approval by
child-placing agencies and operators of
family day homes requesting approval by family day systems, and any other adult
residing in the family day home or existing employee or volunteer of the family
day home, shall undergo background checks pursuant to
subsection B prior to their approval.
B. Background checks pursuant to subsection A 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 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 records check through the Central
Criminal Records Exchange pursuant to §19.2-389; and
3. In the case of child-placing agencies, independent foster
homes, family day systems, and family day homes,
or adoptive or foster parents, a search of the central registry maintained
pursuant to §63.2-1515 for any founded complaint of child abuse and neglect.
C. The person required to have a background check pursuant to
subsection A shall submit the background check information required in
subsection B to the Commissioner's representative prior to issuance of a
license, registration or approval. The
applicant shall provide 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 B 1 is guilty of a Class 1 misdemeanor. If any person specified in
subsection A required to have a background check has any offense as defined in
§63.2-1719, and such person has not been granted a waiver by the Commissioner
pursuant to §63.2-1723 or is not subject to an exception in subsection E, F,
G, or H, (i) the Commissioner shall not issue a license to a child-placing
agency, or
independent foster home, or family day
system or a registration to a family day home; (ii) the
Commissioner shall not issue a license to an assisted living facility; or (iii) a child-placing agency
shall not approve an adoptive or foster home;
or (iv) a family day system shall not approve a family day home.
D. No person specified in subsection A shall be involved in
the day-to-day operations of a licensed child-placing agency, or
independent foster home, or family day
system or a registered family day home; be alone with, in
control of, or supervising one or more children receiving services from a
licensed child-placing agency, or independent foster home, or family day system or a registered family day
home; or be permitted to work in a position that involves
direct contact with a person receiving services without first having completed
background checks pursuant to subsection B unless such person is directly
supervised by another person for whom a background check has been completed in
accordance with the requirements of this section.
E. Notwithstanding any provision to the contrary contained in
this section, a child-placing agency may approve as an adoptive or 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
that 10 years have elapsed following the conviction.
F. Notwithstanding any provision to the contrary contained in
this section, a child-placing agency may approve as a foster parent an
applicant convicted of statutory burglary for breaking and entering a dwelling
home or other structure with intent to commit larceny, who has had his civil
rights restored by the Governor, provided that 25 years have elapsed following
the conviction.
G. Notwithstanding any provision to the contrary contained in
this section, a child-placing agency may approve as an adoptive or foster
parent an applicant convicted of felony possession of drugs, who has had his
civil rights restored by the Governor, provided that 10 years have elapsed
following the conviction.
H. Notwithstanding any provision to the contrary contained in
this section, a child-placing agency may approve as an adoptive or foster
parent an applicant convicted of felony possession of drugs with intent to
distribute who has had his civil rights restored by the Governor, provided 20
years have elapsed following the conviction.
I. If an applicant is denied licensure,
registration or approval because of information from the
central registry or convictions appearing on his criminal history record, the
Commissioner shall provide a copy of the information obtained from the central
registry or the Central Criminal Records Exchange or both to the applicant.
J. 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.
§63.2-1721.1. (Effective July 1, 2017) Background check upon
application for licensure, registration, or approval
as child day center or family day home; penalty.
A. Every (i) applicant for licensure as a child day center or,
family day home, or family day
system, registration as a family day home, or approval as a
family day home by a family day system; (ii) agent of an
applicant for licensure as a child day center or, family day home, or family day system, registration as a
family day home, or approval as a family
day home by a family day system at the time of application
who is or will be involved in the day-to-day operations of the child day center or,
family day home, or family day
system or who is or will be alone with, in control of, or
supervising one or more of the children; and (iii) adult living in the such
child day center or family day home shall undergo a
background check in accordance with subsection B prior to issuance of a license
as a child day center or, family day home, or family day system, registration
as a family day home, or approval as a family day home by a family day system
and every five years thereafter.
B. Every person required to undergo a background check
pursuant to subsection A shall:
1. Provide a sworn statement or affirmation disclosing whether
he has ever been convicted of or is the subject of any pending criminal charges
for any offense within or outside the Commonwealth and whether or not he has
been the subject of a founded complaint of child abuse or neglect within or outside
the Commonwealth;
2. Submit to fingerprinting and provide personal descriptive
information described in subdivision B 2 of §19.2-392.02; and
3. Authorize the Department child day center,
family day home, or family day system
specified in subsection A to obtain a copy of information from the results of a search of the
central registry maintained pursuant to §63.2-1515 on
any investigation of child abuse or neglect
undertaken on him and any child abuse and
neglect registry or equivalent registry maintained by any other state in which
the individual has resided in the preceding five years for any founded
complaint of child abuse or neglect against
him.
Fingerprints and personal descriptive information obtained
pursuant to subdivision 2 shall be forwarded through the Central Criminal
Records Exchange to the Federal Bureau of Investigation for the purpose of
obtaining national criminal history record information regarding the
individual. Upon receipt of an applicant's individual's
record or notification that no record exists, the Central Criminal Records
Exchange shall forward the information to the Department.
The Department shall report to the child day center,
family day home, or
family day system described in
subsection A as to whether
the individual is eligible to have
responsibility for the safety and well-being of children.
In cases in which the record forwarded to the Department is lacking disposition
data, the Department shall conduct research in whatever state and local
recordkeeping systems are available in order to obtain complete data.
C. If any person specified in subsection A required to have a
background check has an offense as defined in §63.2-1719, and such person has
not been granted a waiver by the Commissioner pursuant to §63.2-1723, no
license as a child day center or, family day home, or family day system or
registration as a family day home
shall be granted by the Commissioner and no approval as a family day home
shall be granted by the family day
system.
D. Information from a search of the central registry
maintained pursuant to §63.2-1515 and any child abuse
and neglect registry or equivalent registry maintained by any other state in which
the applicant, agent, or adult has
resided in the preceding
five years, authorized in accordance with subdivision B 3,
shall be obtained prior to issuance of a license as a child day center or,
family day home, or
family day system, registration as a family day home, or approval
as a family day home by a family day system.
E. No person specified in subsection A shall be involved in
the day-to-day operations of the child day center or, family day home, or family day system, or
shall be alone with, in control of, or supervising one or more children, without first having
completed any required background check pursuant to subsection B.
F. Any person making a materially false statement regarding
the sworn statement or affirmation provided pursuant to subdivision B 1 is guilty
of a Class 1 misdemeanor.
G. If an applicant individual
is denied licensure, registration, or
approval because of information from the central registry or any child abuse and neglect registry or
equivalent registry maintained by any other state, or convictions
appearing on his criminal history record, the Commissioner shall provide a copy
of the information obtained from the central registry,
any child abuse and neglect registry or equivalent registry maintained by any
other state, or the Central Criminal Records Exchange or both to the applicant.
H. 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. Fees charged for the processing and administration of
background checks pursuant to this section shall not exceed the actual cost to
the state of such processing and administration.
§63.2-1722. Revocation or denial of renewal based on
background checks; failure to obtain background check.
A. The Commissioner may revoke or deny renewal of a license or
registration of a child welfare agency, assisted living facility, or adult day
care center; a child-placing agency may revoke the approval of a foster home;
and a family day system may revoke the approval of a family day home if the
assisted living facility, adult day care center, child welfare agency, foster
home, or approved family day home has knowledge that a person specified in §
63.2-1720, 63.2-1720.1, 63.2-1721, or 63.2-1721.1 required to have a background
check has an offense as defined in §63.2-1719, and such person has not been
granted a waiver by the Commissioner pursuant to §63.2-1723 or is not subject
to the exceptions in subsection B of §63.2-1720, subsection G of §
63.2-1720.1, or subsection E, F, or G, or
H of § 63.2-1721.1 63.2-1721,
and the facility, center, home,
or agency refuses to separate such person from employment or service or allows the household member to continue to
reside in the family day home.
B. Failure to obtain background checks pursuant to §§
63.2-1720, 63.2-1720.1, 63.2-1721, and 63.2-1721.1 shall be grounds for denial or,
revocation, or termination
of a license, registration, or approval or any contract with the Department or a local
department to provide child care services to clients of the Department or local
department. No violation shall occur if the assisted living
facility, adult day care center, child-placing agency, independent foster home,
family day system, family day home, or child day center has applied for the
background check timely and it has not been obtained due to administrative
delay. The provisions of this section shall be enforced by the Department.
§63.2-1724. Records check by unlicensed child day center;
penalty.
Any child day center that is exempt from licensure pursuant to
§63.2-1716 shall require a current or
prospective employee or volunteer or any other person who is expected to be
alone with one or more children enrolled in the child day center to obtain within 30 days of
employment or commencement of volunteer service, a search of the central
registry maintained pursuant to §63.2-1515 on any founded complaint of child
abuse or neglect and a criminal records check as provided in subdivision A 11
of §19.2-389. However, no employee shall be permitted to work in a position
that involves direct contact with a child until an original criminal record
clearance or original criminal history record has been received, unless such
person works under the direct supervision of another employee for whom a
background check has been completed in accordance with the requirements of this
section a
background check in accordance with §63.2-1720.1. A child
day center that is exempt from licensure pursuant to §63.2-1716 shall refuse
employment or service to any person who has any offense defined in §63.2-1719.
Such center shall also require a prospective
employee or volunteer or any other person who is expected to be alone with one
or more children in the child day center to provide a sworn statement or
affirmation disclosing whether or not the applicant has ever been (i) the
subject of a founded complaint of child abuse or neglect, or (ii) convicted of
a crime or is the subject of pending criminal charges for any offense within
the Commonwealth or any equivalent offense outside the Commonwealth. The
foregoing provisions shall not apply to a parent or guardian who may be left
alone with his or her own child. For purposes of this section, convictions
shall include prior adult convictions and juvenile convictions or adjudications
of delinquency based on a crime that would have been a felony if committed by
an adult within or outside the Commonwealth. Any
person making a materially false statement regarding any such offense shall be
guilty of a Class 1 misdemeanor. If an applicant is denied employment or
service because of information from the central registry or convictions
appearing on his criminal history record, the child day center shall provide a
copy of the information obtained from the central registry or Central Criminal
Records Exchange or both to the applicant. Further
dissemination of the information provided to the facility is prohibited.
The provisions of
this section referring to volunteers 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 the child day center 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 which includes the parent-volunteer's own child, in a program which
operates no more than four hours per day, where the parent-volunteer works
under the direct supervision of a person who has received a clearance pursuant
to this section.
§63.2-1725. Child day centers or family day homes
receiving federal, state, or local child care funds; eligibility requirements.
A. Whenever
any child day center or family day home that has not met the requirements of §§ 63.2-1720, 63.2-1721 63.2-1720.1,
63.2-1721.1, and 63.2-1724
applies to enter into a contract with the Department or a local department to
provide child care services to clients of the Department or local department,
the Department or local department shall require a criminal
records check pursuant to subdivision A 43 of §19.2-389, as well as a search
of the central registry maintained pursuant to §63.2-1515, on any child abuse
or neglect investigation background
check in accordance with §63.2-1720.1, at the time of application to
enter into a contract and every five years thereafter, of the applicant; any
employee; any prospective
employee; any volunteers; any agents involved in the
day-to-day operation; all agents who are alone with, in control of, or
supervising one or more of the children; and any other adult living in a family
day home or child day center. The applicant shall provide the Department or local
department with copies of these records checks. The child
day center or family day home shall not be permitted to enter into a contract
with the Department or a local department for child care services when an
applicant; any employee; a prospective employee; a volunteer, an agent involved
in the day-to-day operation; an agent alone with, in control of, or supervising
one or more children; or any other adult living in a family day home has any
offense as defined in §63.2-1719. The child day center
or family day home shall also require the above individuals to provide a sworn
statement or affirmation disclosing whether or not the person has ever been (i)
the subject of a founded case of child abuse or neglect or (ii) convicted of a
crime or is the subject of any pending criminal charges within the Commonwealth
or any equivalent offense outside the Commonwealth. Any person making a
materially false statement regarding any such offense shall be guilty of a
Class 1 misdemeanor. If a person is denied employment or work because of
information from the central registry or convictions appearing on his criminal
history record, the child day center or family day program shall provide a copy
of such information obtained from the central registry or Central Criminal Records
Exchange or both to the person. Further dissemination of
the information provided to the facility, beyond dissemination to the
Department, agents of the Department, or the local department, is prohibited.
B. Every child day
center or family day home that enters into a contract with the Department or a
local department to provide child care services to clients of the Department or
local departments that is funded, in whole or in part, by the Child Care and
Development Block Grant, shall comply with all requirements established by
federal law and regulations.
2. That the provisions of this act amending §§63.2-1722,
63.2-1724, and 63.2-1725 shall become effective on July 1, 2017.
3. That every person who is employed by or permitted to serve
as a volunteer who will be alone with, in control of, or supervising children
at a child day center, family day home, or family day system licensed in
accordance with the provisions of Chapter 17 (§63.2-1700 et seq.) of Title
63.2 of the Code of Virginia, child day center exempt from licensure pursuant
to §63.2-1716 of the Code of Virginia, registered family day home, family day
home approved by a family day system, or child day center or family day home
that enters into a contract with the Department of Social Services or a local
department of social services to provide child care services funded by the
Child Care and Development Block Grant shall undergo a background check
described in §63.2-1720.1 of the Code of Virginia, as it shall become
effective, to be completed by July 1, 2017.
4. That every (i) person who is licensed as a child day
center, family day home, or family day system, registered as a family day home,
or approved as a family day home by a family day system; (ii) agent of a person
who is licensed as a child day center, family day home, or family day system,
registered as a family day home, or approved as a family day home by a family
day system or who will be involved in the day-to-day operations of the child
day center, family day home, or family day system or who is or will be alone
with, in control of, or supervising one or more children in a child day center,
family day home, or family day system; and (iii) adult living in a licensed
child day center or family day home, registered family day home, or family day
home approved by a family day system shall undergo a background check described
in §63.2-1721.1 of the Code of Virginia, as it shall become effective, to be
completed by July 1, 2017.
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