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189 Appendix H. Barrier Crimes for Child Day Programs Including: • -Licensed Child Day Centers • -Religiously Exempt Child Day Centers • -Certified Preschools • -Licensed Family Day Homes • -Voluntarily Registered Family Day Homes • -Licensed Family Day Systems • -Licensed System-Approved Family Day Homes • -The Following if Receiving Federal, State, or Local Child Care Funds: o Local ordinance – approved family day homes o Programs of recreational activities offered by local governments o Unregulated family day homes (including in-home care)

Va Code Ann. §§ 19.2-392.02; 22.1-289.031; 22.1-289.035; 22.1-289.039

Child Day Programs cannot hire anyone who has: • A conviction for an offense in the entire barrier crime definition in Code § 19.2-392.02. Convictions include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.

• A founded complaint of child abuse or neglect within or outside the Commonwealth.

The list of barrier crimes is broken into six clauses. All six clauses apply to Child Day Programs. § 22.1-289.035 No child day center, family day home, or family day system licensed in accordance with the provisions of this chapter, child day center exempt from licensure pursuant to §2.1-289.031, registered family day home, family day home approved by a family day system, or child day center, family day home, or child day program that enters into a contract with the Department or its agents or designees to provide child care services funded by the Child Care and Development Block Grant shall hire for compensated employment, continue to employ, or permit to serve as a volunteer who will be alone with, in control of, or supervising children 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."Barrier crime" under Code § 19.2-392.02, Clause (i) includes:

Any FELONY violation of: OFFENSE Or Substantially Similar Offense Under the Laws of Another Jurisdiction VA CODE SECTION Aiding prostitution or illicit sexual intercourse, etc. 18.2-348 Brandishing a machete or other bladed weapon with intent to intimidate 18.2-282.1 Criminal Street Gang - Recruitment of persons for criminal street gang 18.2-46.3 Criminal Street Gang – Enhanced punishment for gang activity taking place in a gang-free zone 18.2-46.3:3 Criminal Street Gang - Third or subsequent conviction of criminal street gang crimes 18.2-46.3:1 Criminal Street Gang Participation 18.2-46.2 Discharging firearms or missiles within or at building or dwelling house 18.2-279 Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance 18.2-282 Prostitution; commercial sexual conduct; commercial exploitation of a minor 18.2-346 Rioting 18.2-405 Setting spring gun or other deadly weapon 18.2-281