Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Background Checks for Child Welfare Agencies [22 VAC 40 ‑ 191]
Action is Exempt from Article 2 of the Administrative Process Act
Amend regulation to comply with provisions of the Code of Virginia
Action 1732
General Information
Action Summary This exempt action removes the applicability to religious exempt child day centers of certain provisions because these centers are not licensed, registered, or approved, per provisions in the Code of Virginia. The action requires child-placing agencies to consider the results of background checks on a birth parent prior to placing the birth parent's child, who is in a foster care placement, with the birth parent per § 63.2-901.1 of the Code of Virginia. The action also adds prospective foster parents to an already existing provision allowing, but not requiring, approval of adoptive parents convicted of assault or assault and battery under certain conditions, per action of the 2005 General Assembly. It further amends this provision by adding that the conviction may not have involved a minor. This provision’s applicability to both prospective foster and adoptive parents is consistent with provisions of House Bill 2744, passed by the 2005 General Assembly, requiring that home study components be the same for foster and adoptive homes per § 63.2-906 of the Code of Virginia.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: § 63.2-901.1 of the Code of Virginia and House Bill 2744, passed by the 2005 General Assembly
RIS Project No project yet assigned to this action
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
3140 Final Stage complete. This regulation became effective on 07/01/2005.
Contact Information
Name / Title: Wenda Singer  / Program Consultant
Address: Division of Licensing Programs
7 North 8th Street
Richmond, VA 23219
Email Address:
Phone: (804)726-7148    FAX: (804)726-7132