Reminder: Updated Background Check Regulations
On October 19, DSS issued a message to assisted living providers reminding them of new language added to the background check regulations that prohibits ALFs from continuing to employ individuals who have been convicted of specific offenses that are barriers to employment.
The listing of barrier crimes for ALFs and adult day care centers (ADCCs) was moved from section § 63.2-1719 to § 19.2-392.02 of the Code and was expanded to include additional crimes. As a result of these changes, the definition of barrier crimes in 22 VAC 40-90-10 was amended to include the additional crimes, as well as change the reference to the Code of Virginia.
Regarding allowing ALFs and ADCCs to hire a person convicted on one misdemeanor barrier crime not involving abuse or neglect, if five years has elapsed following the conviction, § 63.2-1720 of the Code added that a person may also continue to be employed at such facilities or centers under the same conditions. As a result, the definition of barrier crimes was changed to allow for continuous employment under such circumstances.
Another revision in the definition section of the regulation was that the terminology referring to “an equivalent offense in another state” was amended to “any substantially similar offense under the laws of another jurisdiction.”
There were also technical changes made in the definition section, and in 22 VAC 40-90-70, the section on issuance of a license, as a result of the Code amendments.
The amended regulation may be found on the VDSS public website at: https://www.dss.virginia.gov/about/licensing.cgi. If you wish, you may order a hard copy from the department on the Publication Order Form available at the same website address.
Regarding this change, VHCA-VCAL recommends that ALFs update their employment policies to include:
- provisions that each employee must report in writing to his employer if he is convicted of an offense as defined in § 63.2-1719; and
- a requirement that employees annually complete a sworn disclosure statement or affirmation disclosing any criminal convictions or pending criminal charges, whether within or outside of Virginia.
You may use your own form or a model form provided by DSS.
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