Virginia Administrative Code
Title 22 - SOCIAL SERVICES
Agency 40 - DEPARTMENT OF SOCIAL SERVICES
Chapter 191 - BACKGROUND CHECKS FOR WELFARE AGENCIES
Section 22VAC40-191-50 - Explaining requirements for satisfactory background checks
Universal Citation: 2 VA Admin Code 40-191-50
Current through Register Vol. 41, No. 3, September 23, 2024
A. The department and registering and approving authorities must require documentation of satisfactory background checks for applicants, agents, employees, volunteers, and others living in foster and adoptive homes as specified in 22VAC40-191-40.
1. A satisfactory sworn statement or
affirmation is:
a. A fully completed statement
that states that the person does not have an offense; and
b. There is no other knowledge that the
individual has a disqualifying background check.
Criminal convictions include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth. Convictions also include convictions in other states that are equivalent to those specified in this section.
2. A satisfactory central registry finding is
one in which:
a. A copy of the department's
child protective services check form is returned to the requesting agency or
state or local Department of Social Services indicating that, as of the date on
the reply, the individual whose name was searched is not identified in the
central registry as an involved caregiver with a founded disposition of child
abuse/neglect; and
b. There is no
other knowledge that the individual has a founded disposition in Virginia or
elsewhere.
3. A
satisfactory criminal history record check report is one in which:
a. An original hard copy or Internet inquiry
reply from the Department of State Police is returned to the agency, individual
or authorized agent making the request with:
(1) No convictions indicated; or
(2) Convictions indicated, but no barrier
crimes, offenses, or other felony convictions in the last five years;
b. A letter is received from the
Office of Background Investigations with a finding of "eligible"; and
c. There is no other knowledge that the
individual has an offense in Virginia or elsewhere.
The facility must have viewed an original criminal history record report maintained by a contract employee or contract agency that is dated less than six months before the independent contract employee or contract employee is hired by a contract agency begins providing services at the facility. (See also 22VAC40-191-90.)
4. A child-placing
agency may approve as an adoptive or foster parent an applicant convicted of
not more than one misdemeanor of assault and battery, as defined in §
18.2-57
of the Code of Virginia, not involving abuse, neglect or moral turpitude, or a
minor, provided 10 years have elapsed following the conviction.
5. 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 25 years have
elapsed following the conviction.
6. A child-placing agency must consider the
results of background checks on a birth parent prior to placing the child of
the birth parent with the birth parent, when the child is in a foster care
placement (unless the birth parent has revoked an entrustment agreement
pursuant to §
63.2-1223
or
63.2-1817
of the Code of Virginia or a local board or the birth parent revokes a
placement agreement with legal custody remaining with the parent, parents, or
guardians pursuant to §
63.2-900
of the Code of Virginia).
7. No
petition for adoption shall be granted if an adoptive parent has been convicted
of a sexually violent offense or an offense requiring registration pursuant to
§
9.1-902
of the Code of Virginia.
8. 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 10 years have elapsed following the conviction
pursuant to §
63.2-1721G
of the Code of Virginia.
9. A
child-placing agency may approve as a kinship foster care parent an applicant
convicted of the following offenses, provided that 10 years have elapsed from
the date of the conviction and the local board or child-placing agency makes a
specific finding that approving the kinship foster care placement would not
adversely affect the safety and well-being of the child:
(i) a felony conviction for possession of
drugs as set out in Article 1 (§
18.2-247
et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, but not including
a felony conviction for possession of drugs with the intent to distribute;
(ii) a misdemeanor conviction for
arson as set out in Article 1 (§
18.2-77
et seq.) of Chapter 5 of Title 18.2; or
(iii) an equivalent offense in another
state.
B. Background checks results are not open ended.
1. If a person leaves a facility and the
criminal history record report or central registry check finding is less than
91 days old, the person must be permitted to take the report or reports with
him. The facility must keep a copy of any report a person takes and write on it
that it is a copy, and that the original of any criminal history record report
was verified.
2. Unless there is a
criminal conviction or a founded complaint of child abuse and neglect during
that period, a background check remains valid at a facility if no more than 12
consecutive months have passed from when a person:
a. Began a leave of absence from that
facility;
b. Was terminated from
employment at that facility; or
c.
Was transferred to a center owned and operated by the same employer or
entity.
3. The facility,
department, or approving authority may require a new background check relevant
to this suspicion if there is reason to suspect that a person who has submitted
acceptable background checks, as required by this regulation, has an offense in
Virginia or elsewhere.
4. When the
facility, department, or approving authority chooses to require a new
background check:
a. The facility, department,
or approving authority may allow the person to continue the same relationship
with the child welfare agency until the licensing or approval authority
receives the new Virginia background check information or equivalent
documentation from another state; or
b. If there is reason to suspect that a
person has an offense, the facility, department, or approving authority may
require that the person not be alone with children, even if the documentation
is not Virginia background check information or equivalent information from
another state.
C. Waivers of some criminal convictions are possible. Refer to 22VAC40-191-90 through 22VAC40-191-130 for an explanation of the waiver.
Statutory Authority: §§ 63.2-217. 63.2-1732, 63.2-1733, and 63.2-1734 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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