CODE OF VIRGINIA

REVOCATION OR DENIAL OF RENEWAL BASED ON BACKGROUND CHECKS; FAILURE TO OBTAIN
BACKGROUND CHECK (§ 63.2-1722)

A. The Commissioner may revoke or deny renewal of a license or registration of a
child welfare agency, assisted living facility, or adult day care center; a
child-placing agency may revoke the approval of a foster home; and a family day
system may revoke the approval of a family day home if the assisted living
facility, adult day care center, child welfare agency, foster home, or approved
family day home has knowledge that a person specified in § 63.2-1720,
63.2-1720.1, 63.2-1721, or 63.2-1721.1 required to have a background check has
an offense as defined in § 63.2-1719, and such person has not been granted a
waiver by the Commissioner pursuant to § 63.2-1723 or is not subject to the
exceptions in subsection B of § 63.2-1720, subsection G of § 63.2-1720.1, or
subsection E, F, or G of § 63.2-1721.1, and the facility, center, or agency
refuses to separate such person from employment or service.

B. Failure to obtain background checks pursuant to §§ 63.2-1720, 63.2-1720.1,
63.2-1721, and 63.2-1721.1 shall be grounds for denial or revocation of a
license, registration, or approval. No violation shall occur if the assisted
living facility, adult day care center, child-placing agency, independent foster
home, family day system, family day home, or child day center has applied for
the background check timely and it has not been obtained due to administrative
delay. The provisions of this section shall be enforced by the Department.

HISTORY: Code 1950, § 63-235; 1968, cc. 578, § 63.1-198, 585; 1975, c. 439;
1985, c. 360; 1992, c. 746; 1993, cc. 730, 742; 1995, c. 401; 1996, c. 747;
1997, c. 427; 1998, cc. 551, 581; 2002, c. 747; 2015, cc. 758, 770.