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 8VAC20-770-70 - Keeping background check records
Current through Register Vol. 40, No. 16, March 25, 2024
A. A facility must keep background check records at the location where the person is an applicant, agent, employee, contract employee, volunteer, other adult in the home, or is any other adult who is involved in the day-to-day operations of the facility or who is alone with, in control of, or supervising one or more children.
B. Contracting organizations and voluntarily registered family day homes certified eligible for registration by contracting organizations must keep background check records.
C. Family day systems and family day homes approved by family day systems must keep background check records. The requestor identified on the form must keep the original criminal history record check result and the original or copy of the child protective services central registry finding, and the other party keeps copies. The family day system must keep the original sworn disclosure statement or affirmation.
D. A voluntarily registered family day home must keep all background check information for two years after a person required to provide background check terminates his duties with a facility or no longer resides in the home. All other facilities must keep all background check information for one year after a person required to provide background checks terminates his duties with a facility or no longer resides in the home.
E. The sworn statement or affirmation, criminal history record report, and central registry finding must be kept in locked files.
F. Applicants and agents, and their designees, are the only facility staff who may have access to these documents. The board president must have access to these documents.
G. If a person is denied licensure, registration, or approval, or is denied employment or volunteer service because of information on a sworn statement or affirmation, a central registry finding, or criminal history record report, the facility must provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the person.
H. A facility must also release a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both when the subject of the information requests it.
I. Further dissemination of the background check information is prohibited other than to the Superintendent's representative or a federal or state authority or court in order to comply with an express requirement in the law for that dissemination. (See the provisions at 8VAC20-770-60 E8.)
Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.