Virginia Regulatory Town Hall
Agency
Department of Social Services
Board
State Board of Social Services
 
chapter
Background Checks for Child Welfare Agencies [22 VAC 40 ‑ 191]
Guidance Documents
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 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.
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: Alisa Foley  / Program Consultant
Address: 801 E. Main Street
Richmond, VA 23219
Email Address: alisa.foley@dss.virginia.gov
Telephone: (804)726-7138    FAX: ()-    TDD: ()-
Current Actions
Action Title Latest Stage Status
None

Past Actions
Action Title Latest Stage Status
Amend Licensing Regulations to Remove Child Day Programs Transferring to the Board of Education
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 10/13/2021.
Amend Background Checks for Child Welfare Agencies to Comply with Code
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 10/19/2016.
Amend Background Checks for Child Welfare Agencies
Action is Exempt from Article 2 of the Administrative Process Act
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
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 09/01/2006.
Amend regulation to comply with provisions of the Code of Virginia
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 07/01/2005.
Changes to incorporate recent changes to the Code of Virginia
Action is Exempt from Article 2 of the Administrative Process Act
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
Comprehensive Repeal and Replace Background Check Regulation Proposed Stage withdrawn on 02/17/2022 before the Governor's office completed its review.
Amend Background Checks for Child Welfare Agencies
Action is Exempt from Article 2 of the Administrative Process Act
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.

Periodic Reviews
Last Activity Status
4/5/2023 Agency Completed Amend
10/23/2015 Agency Completed Retain As Is
6/19/2008 Agency Completed Retain As Is