Any child day center that is exempt from licensure pursuant to § 22.1-289.031 shall require all applicants for employment, employees, applicants to serve as volunteers, and volunteers and any other person who is expected to be alone with one or more children enrolled in the child day center to obtain a background check in accordance with § 22.1-289.035. A child day center that is exempt from licensure pursuant to § 22.1-289.031 shall refuse employment or service to any person who (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. The foregoing provisions shall not apply to a parent or guardian who may be left alone with his own child. For purposes of this section, convictions shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would have been a felony if committed by an adult within or outside the Commonwealth. Further dissemination of the information provided to the facility is prohibited, except as otherwise provided in subsection J of § 22.1-289.035.
2020, cc. 860, 861; 2021, Sp. Sess. I, cc. 251, 510.
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