Code of Virginia
Chapter 14.1 - Early Childhood Care and Education
§ 22.1-289.039. Records check by unlicensed child day center; penalty

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

Code of Virginia

Title 22.1 - Education

Chapter 14.1 - Early Childhood Care and Education

§ 22.1-289.02. Definitions

§ 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

§ 22.1-289.010. Application fees; regulations and schedules; use of fees; certain facilities, centers and agencies exempt

§ 22.1-289.011. Licenses required; issuance, expiration, and renewal; maximum number of participants or children; posting of licenses

§ 22.1-289.012. Local government to report business licenses issued to child day centers and family day homes

§ 22.1-289.013. Investigation on receipt of application

§ 22.1-289.014. Variances

§ 22.1-289.015. Voluntary registration of family day homes; inspections; investigation upon receipt of complaint; revocation or suspension of registration

§ 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

§ 22.1-289.022. Enforcement and sanctions; child day programs and family day systems; revocation and denial

§ 22.1-289.023. Enforcement and sanctions; special orders; civil penalties

§ 22.1-289.024. (Effective January 1 2022) Appeal from refusal, denial of renewal, or revocation of license

§ 22.1-289.025. Right to appeal notice of intent; child day programs and family day systems operated by agencies of the Commonwealth

§ 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

§ 22.1-289.031. Child day center operated by religious institution exempt from licensure; annual statement and documentary evidence required; enforcement; injunctive relief

§ 22.1-289.032. Certification of preschool or nursery school programs operated by accredited private schools; provisional certification; annual statement and documentary evidence required; enforcement; injunctive relief

§ 22.1-289.033. Inspection of unlicensed child care operations; inspection warrant

§ 22.1-289.034. Barrier crime; construction

§ 22.1-289.035. Licensed child day centers, family day homes, and family day systems; employment for compensation or use as volunteers of persons convicted of or found to have committed certain offenses prohibited; national background check required;...

§ 22.1-289.036. Background check upon application for licensure, registration, or approval as child day center, family day home, or family day system; penalty

§ 22.1-289.037. Revocation or denial of renewal based on background checks; failure to obtain background check

§ 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

§ 22.1-289.040. Child day centers and family day homes receiving federal, state, or local child care funds; eligibility requirements

§ 22.1-289.041. Sex offender or child abuser prohibited from operating or residing in family day home; penalty

§ 22.1-289.042. Establishment of toll-free telephone line for complaints; investigation on receipt of complaints

§ 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

§ 22.1-289.048. Program leaders and child-care supervisors at licensed child day centers; approved credential

§ 22.1-289.049. Regulated child day programs to require proof of child identity and age; report to law-enforcement agencies

§ 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

§ 22.1-289.059. Possession and administration of an appropriate weight-based dosage of epinephrine by employees