Virginia Administrative Code
Title 8 - EDUCATION
Agency 20 - STATE BOARD OF EDUCATION
Chapter 770 - BACKGROUND CHECKS FOR CHILD DAY PROGRAMS AND FAMILY DAY SYSTEMS
Section 8VAC20-770-60 - Explaining consequences of unsatisfactory background checks results
Current through Register Vol. 40, No. 16, March 25, 2024
A. Applicants are denied licensure, registration or approval when there are unsatisfactory background checks results for:
B. An employee or volunteer of a licensed or registered child day program or of a family day home approved by a family day system must not be employed or provide volunteer service until the agency or home has the person's completed sworn statement or affirmation.
C. An employee or volunteer of a licensed or registered child day program, or of a family day home approved by a family day system, must be denied continued employment or volunteer service if:
D. No violation will occur and an employee may continue to work, provide service, or live in a licensed, registered, or approved family day home if the facility has documentation that the criminal history record request, or the request for search of the central registry, was submitted within seven calendar days of the person being employed or volunteering, but the report is not returned within 30 calendar days.
E. If the department or a local department of social services becomes aware that a person covered by this chapter has a disqualifying background, the department or local department of social services may release this information to facilities that are covered by this chapter. Those facilities must not further disseminate this information.
This provision also applies to a new adult beginning to live in a family day home or a child living in a family day home who becomes 18 years of age after licensure, registration or approval is given. It also applies to a child protective services central registry clearance for a person who becomes 14 years of age.
F. Licensed, registered, or approved facilities must inform compensated employees and volunteers that the facilities are requesting child protective services registry checks and criminal history record reports for them.
G. A facility may choose to request a national criminal background check, instead of the criminal history record check, for employees and volunteers.
H. The facility may also require a background check from another state per the provisions in subdivision B 5 of 8VAC20-770-50.
I. A facility that does not comply with this chapter may have its licensure, registration, approval, or religious exempt status revoked or denied.
J. If a facility has knowledge that a person required to have a background check has an offense, and this person has neither a waiver nor an exception per 8VAC20-770-50, and the facility refuses to separate the person from employment, service, or residence in a family day home, then licensure, registration, or approval must be revoked or denied.
Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.