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141 5.5 Background Checks

All providers; any employee; prospective employee; volunteers; agents involved in the day-to-day operation; all agents who are alone with, in control of, or supervising one or more children; and any other adult (18 years of age or older) living in a family day home must obtain satisfactory background checks.

Background checks include:

1. Fingerprint National Criminal History Record Check; 2. Virginia Central Registry Child Protective Services Check; 3. State Child Abuse and Neglect Registry Check from any other state in which the individual has resided in the preceding five years; 4. Criminal History Record Information Check and Sex Offender Registry Check from any state in which the person has resided in the preceding five years; and 5. Sworn Statement or Affirmation as to whether the individual has ever been: i. The subject of a founded complaint of child abuse or neglect; or ii. Convicted of a crime or is the subject of any pending criminal charges within the Commonwealth or any equivalent offense outside the Commonwealth.

The provisions for background checks for licensed and regulated child day programs are provided in 22.1-289.035, 22.1-289.036, 22.1-89.037, 22.1-289.038, 22.1-289.039, 22.1-289.040, 22.1-289.041 of the Code of Virginia.

1. Level 2 Providers are not required to provide documentation of background checks to the Department because the documents have been reviewed by the applicable regulatory agency. 2. Level 1, License-Exempt Regulated Providers are not required to provide documentation of background checks as the license-exempt providers self-certify to the regulatory agency.

Background check requirements for child day centers or family day homes that are not licensed, registered, approved, or exempt from licensure and receive federal, state or local child care funds are provided in §22.1-289.034 22.1-289.035, of the Code of Virginia. Per Code, all Level 1, Unlicensed Providers must obtain satisfactory background checks.

1. Licensed and state-regulated providers will receive directions for completing the applicable background check forms from OCCHS upon initial application for licensure or registration. 2. Local Gov’t Approved Recreation Programs, Unlicensed/Unregistered Family Day Homes and In-Home Child Care Providers will receive directions for completing the applicable background check forms from the CCSP Provider Services team upon application. CCSP Provider Services will also provide the provider with instructions to obtain their Field Print Code. 3. Once completed, providers will receive notification from the VDSS Office of Background Investigation stating if the individual is "eligible" or "not eligible" for employment. Newly applying Local Gov’t Approved Recreation Programs Unlicensed/Unregistered Family Day Homes and In-Home Child Care Providers (ONLY) should submit the results to CCSP Provider Services.