CODE OF VIRGINIA

(EFFECTIVE UNTIL JULY 1, 2017) CHILD ABUSE AND NEGLECT DATA REQUIRED (§
22.1-296.4)

A. On and after July 1, 1997, every school board shall require, as a condition
of employment, that any applicant who is offered or accepts employment requiring
direct contact with students, whether full-time or part-time, permanent or
temporary, provide written consent and the necessary personal information for
the school board to obtain a search of the registry of founded complaints of
child abuse and neglect maintained by the Department of Social Services pursuant
to § 63.2-1515. The school board shall ensure that all such searches are
requested in conformance with the regulations of the Board of Social Services.
In addition, where the applicant has resided in another state within the last
five years, the school board shall require as a condition of employment that
such applicant provide written consent and the necessary personal information
for the school board to obtain information from each relevant state as to
whether the applicant was the subject of a founded complaint of child abuse and
neglect in such state. The school board shall take reasonable steps to determine
whether the applicant was the subject of a founded complaint of child abuse and
neglect in the relevant state. The Department of Social Services shall maintain
a database of central child abuse and neglect registries in other states that
provide access to out-of-state school boards, for use by local school boards.
The applicant may be required to pay the cost of any search conducted pursuant
to this subsection at the discretion of the school board. From such funds as may
be available for this purpose, however, the school board may pay for the
search.The Department of Social Services shall respond to such request by the
school board in cases where there is no match within the central registry
regarding applicants for employment within ten business days of receipt of such
request. In cases where there is a match within the central registry regarding
applicants for employment, the Department of Social Services shall respond to
such request by the school board within thirty business days of receipt of such
request. The response may be by first-class mail or facsimile transmission.

B. If the response obtained pursuant to subsection A indicates that the
applicant is the subject of a founded case of child abuse and neglect, such
applicant shall be denied employment, or the employment shall be rescinded.

C. If an applicant is denied employment because of information appearing on his
record in the registry, the school board shall provide a copy of the information
obtained from the registry to the applicant. The information provided to the
school board by the Department of Social Services shall be confidential and
shall not be disseminated by the school board.

HISTORY: 1997, c. 103; 2000, cc. 95, 734; 2008, c. 555; 2009, c. 58.