A. Any person who seeks to operate, volunteer, or work at a child day program or family day system and who is disqualified because of a criminal conviction or a criminal conviction in the background check of any other adult living in a family day home regulated by the Department, pursuant to § 22.1-289.035, 22.1-289.036, or 22.1-289.039, may apply in writing for a waiver from the Superintendent. The Superintendent may grant a waiver if the Superintendent determines that (i) the person is of good moral character and reputation and (ii) the waiver would not adversely affect the safety and well-being of children in the person's care. The Superintendent shall not grant a waiver to any person who has been convicted of any barrier crime as defined in § 19.2-392.02. However, the Superintendent may grant a waiver to a family day home licensed or registered by the Department if any other adult living in the home of the applicant or provider has been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, provided that (a) five years have elapsed following the conviction and (b) the Department has conducted a home study that includes, but is not limited to, (1) an assessment of the safety of children placed in the home and (2) a determination that the offender is now a person of good moral character and reputation. The waiver shall not be granted if the adult living in the home is an assistant or substitute provider or if such adult has been convicted of a misdemeanor offense under both §§ 18.2-57 and 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction. Any waiver granted under this section shall be available for inspection by the public. The child day program or family day system shall notify in writing every parent and guardian of the children in its care of any waiver granted for its operators, employees, or volunteers.
B. The Board shall adopt regulations to implement the provisions of this section.
2020, cc. 860, 861.
Structure Code of Virginia
Chapter 14.1 - Early Childhood Care and Education
§ 22.1-289.03. Early childhood care and education system; establishment
§ 22.1-289.04. Early childhood care and education advisory committee
§ 22.1-289.05. Uniform measurement and improvement system; regional entities; establishment
§ 22.1-289.06. Confidential records and information; penalty
§ 22.1-289.07. Information related to shaken baby syndrome
§ 22.1-289.08. Board to investigate child day programs at direction of Governor
§ 22.1-289.08:1. Child Care Subsidy Program Overpayment Fund
§ 22.1-289.09. Programs designed to promote educational opportunities
§ 22.1-289.013. Investigation on receipt of application
§ 22.1-289.016. Unlicensed and unregistered family day homes; notice to parents
§ 22.1-289.017. Compliance with Uniform Statewide Building Code
§ 22.1-289.018. Inspections and interviews
§ 22.1-289.019. Inspections of child day programs and family day systems; prioritization
§ 22.1-289.020. Issuance or refusal of license; notification; provisional and conditional licenses
§ 22.1-289.021. Records and reports
§ 22.1-289.023. Enforcement and sanctions; special orders; civil penalties
§ 22.1-289.026. Injunction against operation without license
§ 22.1-289.027. Offenses; penalty
§ 22.1-289.028. Misleading advertising prohibited
§ 22.1-289.029. Duty of attorneys for the Commonwealth
§ 22.1-289.030. Exemptions from licensure
§ 22.1-289.033. Inspection of unlicensed child care operations; inspection warrant
§ 22.1-289.034. Barrier crime; construction
§ 22.1-289.038. Child day programs and family day systems; criminal conviction and waiver
§ 22.1-289.039. Records check by unlicensed child day center; penalty
§ 22.1-289.043. Confidentiality of complainant's identity
§ 22.1-289.044. Retaliation or discrimination against complainants
§ 22.1-289.045. Retaliation against reports of child abuse or neglect
§ 22.1-289.046. Regulations for child day programs and family day systems
§ 22.1-289.047. Interagency agreements; cooperation of Department with other departments
§ 22.1-289.050. Insurance notice requirements for family day homes; civil penalty
§ 22.1-289.051. Dual licenses for certain child day centers
§ 22.1-289.052. Asbestos inspection required for child day centers
§ 22.1-289.053. Delay in acting on application or in notification
§ 22.1-289.054. Visitation by parents or guardians in child day programs
§ 22.1-289.055. Public funds to be withheld for serious or persistent violations
§ 22.1-289.055:1. Programs offered at certain residential private school
§ 22.1-289.056. Storage of firearms in certain family day homes
§ 22.1-289.057. Child day programs and certain other programs; potable water; lead testing
§ 22.1-289.058. Child day programs and certain other programs; carbon monoxide detectors