Revocation or denial of renewal based on background checks; failure to obtain background check
Va. Code Ann. § 22.1-289.037
in effectA. The Superintendent may revoke or deny renewal of a license or registration of a child day program or home-based child care system, and a home-based child care system may revoke the approval of home-based child care, if the child day program, home-based child care system, or approved home-based child care has knowledge that a person specified in § 22.1-289.03 5 or 22.1-289.03 6 required to have a background check (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, and such person has not been granted a waiver by the Superintendent pursuant to § 22.1-289.03 8 or is not subject to the exceptions in subsection G of § 22.1-289.03 5, and the agency or home refuses to separate such person from employment or service or allows the household member to continue to reside in the home.
B. Failure to obtain background checks pursuant to §§ 22.1-289.03 5 and 22.1-289.03 6 shall be grounds for denial, revocation, or termination of a license, registration, or approval or any contract with the Department or its agents or designees or a local department of social services to provide child care services to clients of the Department or its agents or designees or the local department of social services. No violation shall occur if the home-based child care system, home-based child care, 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.
2020, cc. 860 , 861 ; 2026, c. 917 .
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/22.1-289.037/Fetched: 10/16/2026