63.2-1720 - Employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty.
§ 63.2-1720. Employment for compensation of persons or use of volunteersconvicted of certain offenses prohibited; background check required; penalty.
A. An assisted living facility, adult day care center or child welfare agencylicensed or registered in accordance with the provisions of this chapter, orfamily day homes approved by family day systems, shall not hire forcompensated employment persons who have an offense as defined in § 63.2-1719.Such employees shall undergo background checks pursuant to subsection D. Inthe case of child welfare agencies, the provisions of this section shallapply to employees who are involved in the day-to-day operations of suchagency or who are alone with, in control of, or supervising one or morechildren.
B. A licensed assisted living facility or adult day care center may hire anapplicant convicted of one misdemeanor barrier crime not involving abuse orneglect, if five years have elapsed following the conviction.
C. Notwithstanding the provisions of subsection A, a child day center mayhire for compensated employment persons who have been convicted of not morethan one misdemeanor offense under § 18.2-57 if 10 years have elapsedfollowing the conviction, unless the person committed such offense whileemployed in a child day center or the object of the offense was a minor.
D. Background checks pursuant to this section require:
1. A sworn statement or affirmation disclosing whether the person has acriminal conviction or is the subject of any pending criminal charges withinor outside the Commonwealth and, in the case of child welfare agencies,whether or not the person has been the subject of a founded complaint ofchild abuse or neglect within or outside the Commonwealth;
2. A criminal history record check through the Central Criminal RecordsExchange pursuant to § 19.2-389; and
3. In the case of child welfare agencies, a search of the central registrymaintained pursuant to § 63.2-1515 for any founded complaint of child abuseand neglect.
E. Any person desiring to work as a compensated employee at a licensedassisted living facility, licensed adult day care center, a licensed orregistered child welfare agency, or a family day home approved by a familyday system shall provide the hiring or approving facility, center or agencywith a sworn statement or affirmation pursuant to subdivision D 1. Any personmaking a materially false statement regarding the sworn statement oraffirmation provided pursuant to subdivision D 1 shall be guilty of a Class 1misdemeanor.
F. A licensed assisted living facility, licensed adult day care center, alicensed or registered child welfare agency, or a family day home approved bya family day system shall obtain for any compensated employees within 30 daysof employment (i) an original criminal record clearance with respect toconvictions for offenses specified in § 63.2-1719 or an original criminalhistory record from the Central Criminal Records Exchange and (ii) in thecase of licensed or registered child welfare agencies or family day homesapproved by family day systems, a copy of the information from the centralregistry. If an applicant is denied employment because of information fromthe central registry or convictions appearing on his criminal history record,the assisted living facility, adult day care center or child welfare agencyshall provide a copy of the information obtained from the central registry orthe Central Criminal Records Exchange or both to the applicant.
G. No volunteer who has an offense as defined in § 63.2-1719 shall bepermitted to serve in a licensed or registered child welfare agency or afamily day home approved by a family day system. Any person desiring tovolunteer at such a child welfare agency shall provide the agency with asworn statement or affirmation pursuant to subdivision D 1. Such childwelfare agency shall obtain for any volunteers, within 30 days ofcommencement of volunteer service, a copy of (i) the information from thecentral registry and (ii) an original criminal record clearance with respectto offenses specified in § 63.2-1719 or an original criminal history recordfrom the Central Criminal Records Exchange. Any person making a materiallyfalse statement regarding the sworn statement or affirmation providedpursuant to subdivision D 1 shall be guilty of a Class 1 misdemeanor. If avolunteer is denied service because of information from the central registryor convictions appearing on his criminal history record, such child welfareagency shall provide a copy of the information obtained from the centralregistry or the Central Criminal Records Exchange or both to the volunteer.The provisions of this subsection shall apply only to volunteers who will bealone with any child in the performance of their duties and shall not applyto a parent-volunteer of a child attending a licensed or registered childwelfare agency, or a family day home approved by a family day system, whetheror not such parent-volunteer will be alone with any child in the performanceof his duties. A parent-volunteer is someone supervising, without pay, agroup of children that includes the parent-volunteer's own child in a programthat operates no more than four hours per day, provided that theparent-volunteer works under the direct supervision of a person who hasreceived a clearance pursuant to this section.
H. No volunteer shall be permitted to serve in a licensed assisted livingfacility or licensed adult day care center without the permission or underthe supervision of a person who has received a clearance pursuant to thissection.
I. Further dissemination of the background check information is prohibitedother than to the Commissioner's representative or a federal or stateauthority or court as may be required to comply with an express requirementof law for such further dissemination.
J. A licensed assisted living facility shall notify and provide all studentsa copy of the provisions of this article prior to or upon enrollment in acertified nurse aide program operated by such assisted living facility.
K. The provisions of this section shall not apply to any children'sresidential facility licensed pursuant to § 63.2-1701, which instead shallcomply with the background investigation requirements contained in §63.2-1726.
L. A person who complies in good faith with the provisions of this sectionshall not be liable for any civil damages for any act or omission in theperformance of duties under this section unless the act or omission was theresult of gross negligence or willful misconduct.
(1985, c. 360, § 63.1-198.1; 1986, cc. 300, 627; 1987, cc. 130, 131, 692,693; 1992, cc. 746, 844, §§ 63.1-173.2, 63.1-194.13; 1993, cc. 17, 657, 730,742, 957, 993; 1996, c. 747; 1998, cc. 551, 581; 1999, cc. 637, 740; 2001, c.778; 2002, c. 747; 2005, c. 723; 2006, cc. 701, 764.)