12VAC35-105-400. Criminal registry background checks and registry searches.

B. Prior to hiring an applicant, the provider shall obtain the employee's written consent and personal information necessary to obtain a search of the registry of founded complaints of child abuse and neglect maintained by the Virginia Department of Social Services.

C. The provider shall develop a written policy for criminal history background checks and registry searches. The policy shall require at a minimum a disclosure statement stating whether the person has ever been convicted of or is the subject of pending charges for any offense and shall address what actions the provider will take should it be discovered that person has a founded case of abuse or neglect or both, or a conviction or pending criminal charge.

D. The provider shall submit all information required by the department to complete the criminal history background checks and registry searches.

E. The provider shall review the criminal history background check and registry search results prior to hiring the applicant and shall maintain the following documentation:

1. The disclosure statement from the applicant stating whether he has ever been convicted of or is the subject of pending charges for any offense; and

2. Documentation that the provider submitted all information required by the department to complete the criminal history background checks and registry searches, memoranda from the department transmitting the results to the provider, and the results from the Child Protective Registry search.

Comment:  Are the changes to this section intended to now require these checks and searches only for employees? The removal of this requirement for contractors, students, and volunteers is concerning and seems contradictory to the intent of the regulation