Bill Text: VA SB846 | 2023 | Regular Session | Prefiled
Bill Title: Peer recovery specialists; barrier crime exceptions.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-03-21 - Governor: Acts of Assembly Chapter text (CHAP0139) [SB846 Detail]
Download: Virginia-2023-SB846-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§37.2-314, 37.2-416, and 37.2-506 of the Code of Virginia are amended and reenacted as follows:
§37.2-314. Background check required.
A. As a condition of employment, the Department shall require any applicant who (i) accepts a position of employment at a state facility and was not employed by that state facility prior to July 1, 1996, or (ii) accepts a position with the Department that receives, monitors, or disburses funds of the Commonwealth and was not employed by the Department prior to July 1, 1996, to submit to fingerprinting and 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 (FBI) for the purpose of obtaining national criminal history record information regarding the applicant.
B. For purposes of clause (i) of subsection A, the Department shall not hire for compensated employment persons who have 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) if 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.
C. Notwithstanding the provisions of subsection B, the Department may hire for compensated employment at an adult substance abuse or adult mental health treatment program a person who was convicted of any violation of §18.2-51.3; any misdemeanor violation of §18.2-56 or 18.2-56.1 or subsection A of §18.2-57; any first offense misdemeanor violation of § 18.2-57.2; any violation of §18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of §18.2-282, 18.2-346, or 18.2-346.01; 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; or any substantially similar offense under the laws of another jurisdiction, if the Department determines, based upon a screening assessment, 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 Department may hire for compensated employment at an adult substance abuse or mental health treatment program any peer recovery specialist who was convicted of any offense set forth in clause (ii), (iii), or (iv) of the definition of barrier crime in §19.2-392.02 if the Department determines, based upon a screening assessment, that the criminal behavior was substantially related to the peer recovery specialist's substance abuse or mental illness and that the peer recovery specialist 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.
For the purposes of this subsection, "peer recovery specialist" means any person who meets the definition of "registered peer recovery specialist" provided in §54.1-3500.
E. The Department and a screening contractor designated by the Department shall screen applicants who meet the criteria set forth in subsection C 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 Department 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 Department decides to pay the cost.
E. F. The Central Criminal Records
Exchange, upon receipt of an applicant's record or notification that no record
exists, shall submit a report to the state facility or to the Department. If an
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 state facility or
Department shall not be disseminated except as provided in this section.
F. G. Those applicants listed in
clause (i) of subsection A also shall provide to the state facility or
Department a copy of information from the central registry maintained pursuant
to §63.2-1515 on any investigation of child abuse or neglect undertaken on
them.
G. H. The Board may adopt
regulations to comply with the provisions of this section. Copies of any
information received by the state facility or Department pursuant to this
section shall be available to the Department and to the applicable state facility
but shall not be disseminated further, except as permitted by state or federal
law. The cost of obtaining the criminal history record and the central registry
information shall be borne by the applicant, unless the Department or state
facility decides to pay the cost.
§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.
"Peer recovery specialist" means any person who meets the definition of "registered peer recovery specialist" provided in §54.1-3500.
"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, (v) any person
who enters into a shared living arrangement with a person receiving medical
assistance services pursuant to a waiver, and (vi) any person under contract
with the provider to serve in a direct care position 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, E,
or F
G, 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) if 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) if 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;
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) if 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; or
4. Allow any person under contract with the provider to serve in a direct care position 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) if 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 or permit any person under contract with the provider to serve in a direct care position or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider at adult substance abuse or adult mental health treatment programs a person who was convicted of any violation of §18.2-51.3; any misdemeanor violation of §18.2-56 or 18.2-56.1 or subsection A of §18.2-57; any first offense misdemeanor violation of § 18.2-57.2; any violation of §18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of §18.2-282, 18.2-346, or 18.2-346.01; 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; or any substantially similar offense under the laws of another jurisdiction, if the hiring provider determines, based upon a screening assessment, 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 or permit any peer recovery specialist under contract with the provider to serve in a direct care position or permit any peer recovery specialist employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider at adult substance abuse treatment facilities a peer recovery specialist who was convicted of any offense set forth in clause (ii), (iii), or (iv) of the definition of barrier crime in §19.2-392.02 if the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the peer recovery specialist's substance abuse or mental illness and that the peer recovery specialist 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.
E. Notwithstanding the provisions of subsection B, a provider may hire for compensated employment or permit any person under contract with the provider to serve in a direct care position or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider 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. F. The hiring provider and a
screening contractor designated by the Department shall screen applicants who
meet the criteria set forth in subsections C and, D, or E
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. G. Notwithstanding the
provisions of subsection B, a provider may (i) hire for compensated employment,
(ii) approve as a sponsored residential service provider, (iii) permit to enter
into a shared living arrangement, or (iv) permit any person under contract with
the provider to serve in a direct care position on behalf of the provider or
permit any person employed by a temporary agency that has entered into a
contract with the provider to provide direct care services on behalf of the
provider 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. H. Providers licensed pursuant
to this article also shall require, as a condition of employment, approval as a
sponsored residential service provider, permission to enter into a shared
living arrangement with a person receiving medical assistance services pursuant
to a waiver, or permission for any person under contract with the provider to
serve in a direct care position, 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. I. 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. 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.
J. K. Notwithstanding any other
provision of law, a provider licensed pursuant to this article that provides
services to individuals receiving services under the state plan for medical
assistance services or any waiver thereto may disclose to the Department of
Medical Assistance Services (i) whether a criminal history background check has
been completed for a person described in subsection B for whom a criminal
history background check is required and (ii) whether the person described in
subsection B is eligible for employment, to provide sponsored residential
services, to provide services in the home of a sponsored residential service
provider, or to enter into a shared living arrangement with a person receiving
medical assistance services pursuant to a waiver.
K. L. Any person employed by a
temporary agency that has entered into a contract with the provider and who
will serve in a direct care position on behalf of the provider licensed
pursuant to this article shall undergo a background check that shall include:
1. A criminal history records check through the Central Criminal Records Exchange pursuant to §19.2-389; and
2. A search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.
Except as otherwise provided in subsection C, D, E or F G, no provider licensed
pursuant to this article shall permit any person employed by a temporary agency
that has entered into a contract with the provider to provide direct care
services on behalf of the provider if that person 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) if 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.
§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,
(v) any person who enters into a shared living arrangement with a person
receiving medical assistance services pursuant to a waiver, and (vi) any person
under contract to serve in a direct care position on behalf of the community
services board 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, E,
or F
G, no
community services board shall hire for compensated employment, approve as a
sponsored residential service provider, permit to enter into a shared living
arrangement with a person receiving medical assistance services pursuant to a
waiver, or permit any person under contract to serve in a direct care position
on behalf of the community services board 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) if 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 community services board may hire for compensated employment or permit any person under contract to serve in a direct care position on behalf of the community services board or permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board at adult substance abuse or adult mental health treatment programs a person who was convicted of any violation of §18.2-51.3; any 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, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of § 18.2-282, 18.2-346, or 18.2-346.01; 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; or any substantially similar offense under the laws of another jurisdiction, if the hiring community services board determines, based upon a screening assessment, 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 or permit any peer recovery specialist under contract to serve in a direct care position on behalf of the community services board or permit any peer recovery specialist employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board at adult substance abuse treatment programs a peer recovery specialist who has been convicted of any offense set forth in clause (ii), (iii), or (iv) of the definition of barrier crime in §19.2-392.02 if the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the peer recovery specialist's substance abuse or mental illness and that the peer recovery specialist 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.
E. Notwithstanding the provisions of subsection B, the community services board may hire for compensated employment or permit any person under contract to serve in a direct care position on behalf of the community services board or permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board 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. F. The community services board
and a screening contractor designated by the Department shall screen applicants
who meet the criteria set forth in subsections C and, D, or E
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. G. Notwithstanding the
provisions of subsection B, a community services board may (i) hire for
compensated employment, (ii) approve as a sponsored residential service
provider, (iii) permit to enter into a shared living arrangement, or (iv)
permit any person under contract to serve in a direct care position on behalf
of the community services board or permit any person employed by a temporary
agency that has entered into a contract with the community services board to
provide direct care services on behalf of the community services board 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. H. Community services boards
also shall require, as a condition of employment, approval as a sponsored
residential service provider, permission to enter into a shared living
arrangement with a person receiving medical assistance services pursuant to a
waiver, or permission for any person under contract to serve in a direct care
position on behalf of the community services board, 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. I. 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. J. Notwithstanding any other
provision of law, a community services board that provides services to
individuals receiving services under the state plan for medical assistance
services or any waiver thereto may disclose to the Department of Medical
Assistance Services (i) whether a criminal history background check has been
completed for a person described in subsection B for whom a criminal history
background check is required and (ii) whether the person described in
subsection B is eligible for employment, to provide sponsored residential
services, to provide services in the home of a sponsored residential service
provider, or to enter into a shared living arrangement with a person receiving
medical assistance services pursuant to a waiver.
J. K. 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.
K. L. Any person employed by a temporary
agency that has entered into a contract with a community services board and who
will serve in a direct care position on behalf of the community services board
shall undergo a background check that shall include:
1. A criminal history records check through the Central Criminal Records Exchange pursuant to §19.2-389; and
2. A search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.
Except as otherwise provided in subsection C, D, E, or F G, no community services board
shall permit any person employed by a temporary agency that has entered into a
contract with the community services board to provide direct care services on
behalf of the community services board if that person 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, the application date to be a sponsored
residential service provider, or entering into a shared living arrangement or
(b) if 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.
