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 and reformat to harmonize with data system
Action 2041
General Information
Action Summary The purpose of this exempt action is to incorporate changes to the regulation that are required by Chapters 384, 558, and 885 of the 2006 Acts of Assembly. The action requires child-placing agencies to obtain a national fingerprinting criminal history record check on a prospective foster or adoptive parent, any adult resident in the home, and the birth parent of a child in a foster care placement prior to placement, per Chapter 588. It further provides for emergency placement without a national fingerprinting criminal history record report, if the person submits to fingerprinting and provides necessary personal descriptive information within three days of placement. Noncompliance results in immediate removal of the child from the home. The action prohibits granting a petition for adoption if an adoptive parent has been convicted of a sexually violent offense or an offense requiring registration in the sex offender registry, per Chapter 384. The action allows a child-placing agency to approve as an adoptive or foster parent an applicant convicted of felony possession of drugs, who has had his civil rights restored by the Governor, provided 10 years have elapsed following the conviction, per Chapter 885. The action clarifies that only information from the central registry or the Virginia Central Criminal Records Exchange or both will be disseminated to an entity denied licensure, registration, or approval, or denied employment or volunteer service because of information on a sworn statement or affirmation, a central registry finding, or criminal history record report, per ยงยง 63.2-1720 and 63.2-1721 of the Code of Virginia. In addition, the exempt action reconfigures the current regulation text by separating certain paragraphs or sentences into more discrete units of information to be used for compliance purposes. The current regulation, effective July 1, 2005, is not configured sufficiently to provide the discrete elements required by the Division of Licensing Programs Help and Information Network (DOLPHIN) system. The DOLPHIN is used to manage information about applicants and regulated providers. It also serves as a management tool for the work of licensing staffs.
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: Chapters 384, 558 and 885 of the 2006 Acts of 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
3641 Final Stage complete. This regulation became effective on 09/01/2006.
Contact Information
Name / Title: Alisa Foley  / Program Consultant
Address: 801 E. Main Street
Richmond, VA 23219
Email Address:
Phone: (804)726-7138    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.