6 Va. Admin. Code § 35-140-260

Current through Register Vol. 41, No. 4, October 8, 2024

Section 6VAC35-140-260 - Background checks on personnel

A. Except as provided in subsection C of this section, all persons selected for employment in a juvenile residential facility after January 1, 1998, all family-oriented group home staff, all persons who teach in the facility, and all persons who work one-on-one with residents shall, prior to assuming their duties, undergo a check of references, criminal records, central registry and, if appropriate, driving record to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of juveniles in the program. The background check shall include a fingerprint check with the Virginia State Police and FBI if the State Police determine that the requesting agency is a qualified entity, or a criminal history request or a noncriminal justice interface with the Virginia State Police if the State Police determine that the requesting agency is not a qualified entity to receive fingerprint-based criminal information.

B. The facility shall have procedures for supervising nonstaff persons who have contact with residents.

C. To minimize vacancy time when a fingerprint check has been requested, direct care staff may be hired pending the results of the fingerprint checks, provided:

1. The CPS check and criminal background check have been completed;

2. The applicant is given written notice that continued employment is contingent on the fingerprint check results; and

3. Staff hired under this exception shall always work with staff whose background checks have been completed.

6 Va. Admin. Code § 35-140-260

Derived from Virginia Register Volume 14, Issue 7, eff. January 1, 1998; amended, Virginia Register Volume 21, Issue 19, eff. July 1, 2005.

Statutory Authority

§§ 16.1-309.9, 66-10 and 66-25.1 of the Code of Virginia.