Virginia Regulatory Town Hall
Health and Human Resources
Department of Social Services
State Board of Social Services
Mandate 938

Mandate Information
Mandate Title:
Child care providers; criminal history background check; penalty.
Purpose of legislation
Requires the following individuals to undergo a fingerprint-based national criminal history background check: (i) applicants for employment by, employees of, applicants to serve as volunteers with, and volunteers with any licensed family day system, child day center exempt from licensure pursuant to § 63.2-1716, registered family day home, or family day home approved by a family day system; (ii) applicants for licensure as a family day system, registration as a family day home, or approval as a family day home by a family day system, as well as their agents and any adult living in such family day home; and (iii) individuals who apply for or enter into a contract with the Department of Social Services under which a child day center, family day home, or child day program will provide child care services funded by the Child Care and Development Block Grant, as well as the applicant's current or prospective employees and volunteers, agents, and any adult living in the child day center or family day home. The bill also mandates that all background checks required pursuant to §§ 63.2-1720.1 and 63.2-1721.1 be completed by September 30, 2017, or by the date specified on any federal waiver obtained by the Commonwealth, and every five years thereafter. The bill has an expiration date of July 1, 2018. The bill further provides that if any provision of the federal Child Care and Development Block Grant Act of 2014 establishing a corresponding requirement is repealed prior to July 1, 2018, the provision of the bill establishing such requirement shall expire upon the date of such repeal.
Legislation mandating a change Chap 189 (2017)
Chap 751 (2017)
VAC chapters to be amended
22 vac 40 - 191 : Background Checks for Child Welfare Agencies
Associated Regulatory Actions
Action 5077: Comprehensive Repeal and Replace Background Check Regulation
Latest Stage: no stages yet
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