Child day programs and home-based child care systems; criminal conviction and waiver
Va. Code Ann. § 22.1-289.038
in effectA. Any person who seeks to operate, volunteer, or work at a child day program or home-based child care system and who is disqualified because of a criminal conviction or a criminal conviction in the background check of any other adult living in the home in which home-based child care regulated by the Department is provided, pursuant to § 22.1-289.03 5, 22.1-289.03 6, or 22.1-289.03 9, may apply in writing for a waiver from the Superintendent. The Superintendent may grant a waiver if the Superintendent determines that (i) the person is of good moral character and reputation and (ii) the waiver would not adversely affect the safety and well-being of children in the person's care. The Superintendent shall not grant a waiver to any person who has been convicted of any barrier crime as defined in § 19.2-392.02 . However, the Superintendent may grant a waiver to home-based child care licensed or registered by the Department if any other adult living in the home of the applicant or provider has been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2 , or any substantially similar offense under the laws of another jurisdiction, provided that (a) five years have elapsed following the conviction and (b) the Department has conducted a home study that includes, but is not limited to, (1) an assessment of the safety of children placed in the home and (2) a determination that the offender is now a person of good moral character and reputation. The waiver shall not be granted if the adult living in the home is an assistant or substitute provider or if such adult has been convicted of a misdemeanor offense under both §§ 18.2-57 and 18.2-57.2 , or any substantially similar offense under the laws of another jurisdiction. Any waiver granted under this section shall be available for inspection by the public. The child day program or home-based child care system shall notify in writing every parent and guardian of the children in its care of any waiver granted for its operators, employees, or volunteers.
B. The Board shall adopt regulations to implement the provisions of this section.
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/22.1-289.038/Fetched: 10/16/2026