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Be it enacted by the General Assembly of Virginia: 1. That §63.2-1721 of the Code of Virginia is amended and reenacted as follows: §63.2-1721. Background check upon application for licensure or registration as child welfare agency; background check of foster or adoptive parents approved by child-placing agencies and family day homes approved by family day systems; penalty. A. Upon application for licensure or registration as a child welfare agency, (i) all applicants; (ii) agents at the time of application who are or will be involved in the day-to-day operations of the child welfare agency 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 licensure or registration as a family day home shall undergo a background check. Upon application for licensure as an assisted living facility, all applicants shall undergo a background check. 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 this section 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 record check through the Central Criminal Records Exchange pursuant to §19.2-389; and 3. In the case of child welfare agencies 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 character and reputation investigation pursuant to §
63.2-1702 shall include background checks pursuant to subsection B of persons
specified in subsection A. The applicant 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 shall be
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 subsections E, F, D. No person specified in subsection A shall be involved in the day-to-day operations of a child welfare agency; be alone with, in control of, or supervising one or more children receiving services from a child welfare agency; 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 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 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 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.
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