Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Regulation for Criminal Record Checks for Assisted Living Facilities and Adult Day Care Centers [22 VAC 40 ‑ 90]
Action is Exempt from Article 2 of the Administrative Process Act
Amendment Due to SB 303 (Recodification of Title 63.1)
Action 1141
General Information
Action Summary This regulation specifies crimes that are barriers to employment in assisted living facilities and in adult day care centers, and the processes for obtaining and maintaining criminal record reports and sworn disclosure statements. The regulation is being amended to include additional barrier crimes, revise the requirement for volunteers, delete the reference to district home for adults, and revise Code of Virginia references. These revisions are needed due to changes in the Code of Virginia resulting from Senate Bill 303 (recodification) enacted by the 2002 General Assembly. The provisions of Senate Bill 303 will take effect on October 1, 2002. Additional changes to the regulation are being made to assure consistency with the Code of Virginia including: 1) change in name from home for adults to assisted living facility; 2) deletion of reference to barrier crimes on sworn disclosure statement; 3) addition of requirement regarding dissemination of information; and, 4) addition of or changes to a few words for clarification or correction.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Chapter 747 of the 2002 Acts of Assembly
RIS Project No project yet assigned to this action
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
1921 Final Stage complete. This regulation became effective on 11/06/2002.
Contact Information
Name / Title: Judy McGreal  / Program Development Consultant
Address: Virginia Department of Social Services
730 East Broad Street
Richmond, VA 23219
Email Address:
Phone: (804)692-1792    FAX: (804)692-2370    TDD: (800)828-1120