Virginia SB 668: Child care providers; out-of-state background checks.

Bill Text

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2020 SESSION

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CHAPTER 936 

An Act to amend and reenact �� 63.2-1720.1, as it is currently 
effective and as it shall become effective, and 63.2-1721.1, as it is currently 
effective and as it shall become effective, of the Code of Virginia, relating 
to child care providers; out-of-state background checks. 

[S 668] 

Approved April 9, 2020 

Be it enacted by the General Assembly of Virginia:

1. That �� 63.2-1720.1, as it is currently effective and as 
it shall become effective, and 63.2-1721.1, as it is currently effective and as 
it shall become effective, of the Code of Virginia are amended and reenacted as 
follows:

� 63.2-1720.1. (For effective date, see Acts 2018, cc. 146 and 
278) Licensed child day centers and licensed family day homes; employment for 
compensation or use as volunteers of persons convicted of or found to have 
committed certain offenses prohibited; national background check required; 
penalty.

A. No child day center or family day home licensed in 
accordance with the provisions of this chapter shall hire for compensated 
employment, continue to employ, or permit to serve as a volunteer in a position 
that is involved in the day-to-day operations of the child day center or family 
day home or in which the employee or volunteer will be alone with, in control 
of, or supervising children any person who (i) has been convicted of any 
barrier crime as defined in � 19.2-392.02 or (ii) is the subject of a founded 
complaint of child abuse or neglect within or outside the Commonwealth. All 
applicants for employment or to serve as volunteers shall undergo a background 
check in accordance with subsection B.

B. (Effective until July 1, 2020) Any applicant required to 
undergo a background check in accordance with subsection A shall:

1. Provide a sworn statement or affirmation disclosing whether 
he has ever been convicted of or is the subject of pending charges for any offense 
within or outside the Commonwealth and whether he has been the subject of a 
founded complaint of child abuse or neglect within or outside the Commonwealth;

2. Submit to fingerprinting and provide personal descriptive 
information described in subdivision B 2 of � 19.2-392.02; and

3. Authorize the child day center or family day home to obtain 
a copy of information from the central registry maintained pursuant to � 
63.2-1515 on any investigation of child abuse or neglect undertaken on him; 
and

4. Authorize the child day center or family day home to 
obtain a copy of the results of a criminal history record information check and 
sex offender registry check from any state in which the applicant has resided 
in the preceding five years.

The applicant's fingerprints and personal descriptive 
information obtained pursuant to subdivision 2 shall be forwarded through the 
Central Criminal Records Exch