Virginia § 63.2-1722 Revocation or denial of renewal based on background checks; failure to obtain background check

Virginia Statutes

§ 63.2-1722 — Revocation or denial of renewal based on background checks; failure to obtain background check

Virginia § 63.2-1722

JurisdictionVirginia

Title 63.2Welfare (Social Services)

Subtitle IVLicensure

Ch. 17Licensure and Registration Procedures

Art. 3Background Checks

This text of Virginia § 63.2-1722 (Revocation or denial of renewal based on background checks; failure to obtain background check) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 63.2-1722 (2026).

Text

A.The Commissioner may revoke or deny renewal of a license of a child welfare agency, assisted living facility, or adult day center and a child-placing agency may revoke the approval of a foster home if the assisted living facility, adult day center, child welfare agency, or foster home has knowledge that a person specified in § 63.2-1720 or 63.2-1721 required to have a background check (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) in the case of a child welfare agency or foster home, is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and such person has not been granted a waiver by the Commissioner pursuant to § 63.2-1723 or is not subject to the exceptions in subsection B of § 63.2-1720 or subsection E, F

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A. The Commissioner may revoke or deny renewal of a license of a child welfare agency, assisted living facility, or adult day center and a child-placing agency may revoke the approval of a foster home if the assisted living facility, adult day center, child welfare agency, or foster home has knowledge that a person specified in § 63.2-1720 or 63.2-1721 required to have a background check (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) in the case of a child welfare agency or foster home, is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and such person has not been granted a waiver by the Commissioner pursuant to § 63.2-1723 or is not subject to the exceptions in subsection B of § 63.2-1720 or subsection E, F, G, or H of § 63.2-1721, and the facility, center, or agency refuses to separate such person from employment or service or allows the household member to continue to reside in the home.

B. Failure to obtain background checks pursuant to §§ 63.2-1720 and 63.2-1721 shall be grounds for denial, revocation, or termination of a license, registration, or approval or any contract with the Department or a local department to provide child care services to clients of the Department or local department. No violation shall occur if the assisted living facility, adult day center, child-placing agency, or independent foster home has applied for the background check timely and it has not been obtained due to administrative delay. The provisions of this section shall be enforced by the Department.

Legislative History

Code 1950, § 63-235; 1968, cc. 578, § 63.1-198, 585; 1975, c. 439; 1985, c. 360; 1992, c. 746; 1993, cc. 730, 742; 1995, c. 401; 1996, c. 747; 1997, c. 427; 1998, cc. 551, 581; 2002, c. 747; 2015, cc. 758, 770; 2017, cc. 189, 751, 809; 2020, cc. 860, 861; 2024, cc. 37, 150.