Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Background Checks for Child Welfare Agencies [Under Development] [22 VAC 40 ‑ 192]
Comprehensive Repeal and Replace Background Check Regulation
[Withdrawn 2/17/2022]
Reason for Withdrawal
22VAC40-191 addresses standards for, among other entities, child day centers, family day homes, and family day systems. In 2019, the Board approved a proposed regulation, and it remains pending with the Governor. However, effective July 1, 2021, the Board no longer had regulatory authority over child care programs. Therefore, this action is withdrawn.
General Information
Action Summary Background Checks for Child Welfare Agencies, 22VAC40-191, sets forth standards to protect the health, safety, and welfare of children receiving services by ensuring that persons required to have background checks have not been convicted of an offense which prohibits licensure, registration, approval, or employment. The intent of this action is to repeal and replace the current regulation to make it consistent with federal laws and the Code of Virginia, and to make any other changes the agency deems necessary after comments and review. There are multiple changes needed to correct this regulation, including new requirements for fingerprint based background checks and out of state child abuse and neglect registry background checks, as well as correcting Code citations that are no longer accurate. Repeal of the existing regulation and adoption of a new regulation will allow greater flexibility to adjust the structure, format, and language of the current regulation while incorporating state and federal requirements for background checks.
Chapters Affected
  VAC Chapter Name Action Type
Primary 22 VAC 40-192 Background Checks for Child Welfare Agencies [Under Development] Promulgate New Regulation
Other chapters
  22 VAC 40 - 191 Background Checks for Child Welfare Agencies Repeal Entire Regulation
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [005557]
Associated Mandates
New Periodic Review This action will be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
8324 NOIRA Stage withdrawn on 02/17/2022 after the comment period had ended.
8669 Proposed Stage withdrawn on 02/17/2022 before the Governor's office completed its review.
Contact Information
Name / Title: Deborah Eves  / Program Consultant
Address: 801 E. Main Street
Richmond, VA 23219
Email Address:
Phone: (804)726-7506    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.