Department of Social Services
State Board of Social Services
Background Checks for Child Welfare Agencies
[22 VAC 40 ‑ 191]
Chapter Information
Description | The regulation sets forth standards that are intended to implement the provisions of §§ 63.2-901.1, 63.2-1702, 63.2-1719, 63.2-1720, 63.2-1721, 63.2-1722, and 63.2-1723 of the Code of Virginia relating to background check requirements for child welfare agencies including licensed family day homes, licensed family day systems, licensed child placing agencies, licensed independent foster homes, voluntarily registered family day homes, religiously exempt child day centers; for family day homes approved by licensed family day systems; and for foster and adoptive homes approved by child-placing agencies. |
State Authority | ,63.2-1704 ,63.2-1720 ,63.2-1721 ,63-1722 ,63.2-1723 63.2-1724 and and 63.2-1727 |
Federal Authority | None entered |
Periodic Review Note | Chapter currently under repeal. |
Exempt from APA | No, changes to this chapter are subject to the Administrative Process Act and the standard executive branch review process. |
Text of Regulation | Link to Virginia Administrative Code |
Goals of Regulation |
The regulation sets forth standards that are intended to protect the health, safety, welfare of children receiving services by ensuring that the following have not been convicted of a barrier crime, or convicted of any other felony within the last five years, or been the subject of a founded complaint of child abuse or neglect within or outside Virginia: • operators of licensed or registered child welfare agencies; • operators of family day system-approved homes; • agents, employees and volunteers who are 1) involved in the day-to-day operations of the child welfare agency or system-approved home or who are 2) alone with, in control of, or supervising one or more children; • foster and adoptive parents; • adults living in a licensed, registered, or system-approved family day home; and • adults living in the home of the individual with whom the child will be placed by a child-placing agency |
Meetings |
Contact Information
Name / Title: | Deborah Eves / Program Consultant |
Address: |
801 E. Main Street Richmond, VA 23219 |
Email Address: | deborah.eves@dss.virginia.gov |
Telephone: | (804)726-7506 FAX: ()- TDD: ()- |
Current Actions | ||
Action Title | Latest Stage | Status |
---|---|---|
Comprehensive Repeal and Replace Background Check Regulation | Proposed | Secretary of Health and Human Resources review in progress. |
Past Actions | ||
Action Title | Latest Stage | Status |
---|---|---|
Amend Background Checks for Child Welfare Agencies to Comply with Code
![]() |
Final | Stage complete. This regulation became effective on 10/19/2016. |
Amend Background Checks for Child Welfare Agencies
![]() |
Final | Stage complete. This regulation became effective on 06/23/2014. |
Amend Regulation to Comply with 2012 Legislation | Fast-Track | Stage complete. This regulation became effective on 12/01/2013. |
Amend regulation to comply with provisions of the Code of Virginia and reformat to harmonize with data system
![]() |
Final | Stage complete. This regulation became effective on 09/01/2006. |
Amend regulation to comply with provisions of the Code of Virginia
![]() |
Final | Stage complete. This regulation became effective on 07/01/2005. |
Changes to incorporate recent changes to the Code of Virginia
![]() |
Final | Stage complete. This regulation became effective on 09/01/2004. |
Repeal regulation and promulgate new regulation | Final | Stage complete. This regulation became effective on 04/01/2004. |
Withdrawn Actions | ||
Action Title | Latest Stage | Status |
---|---|---|
Amend Background Checks for Child Welfare Agencies
![]() |
Final | Stage withdrawn on 04/14/2014 after submission to the Registrar. |
WITHDRAWN Establish Replacement for 22 VAC 40-190 | Proposed | Stage withdrawn on 09/20/2002 before the Secretary's office completed its review. |
Past Periodic Reviews | ||
Date Filed | Status | |
---|---|---|
3/9/2012 | Retain As Is | |
3/20/2008 | Retain As Is |