Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Background Checks for Child Welfare Agencies [22 VAC 40 ‑ 191]
Action is Exempt from Article 2 of the Administrative Process Act
Amend Background Checks for Child Welfare Agencies to Comply with Code
Action 4581
General Information
Action Summary The Background Checks for Child Welfare Agencies regulation sets forth standards that are intended to protect the health, safety, and welfare of children receiving services by ensuring that persons required to have background checks have not been convicted of an offense which prohibits licensure, registration, approval, or employment. These regulatory changes will bring the Background Checks for Child Welfare Agencies regulation into compliance with amendments made to §§ 63.2-100 and 63.2-1719 of the Code of Virginia. The definition of a “family day home” in 22VAC40-191-10 is changed to reflect amendments to § 63.2-100 of the Code, lowering the threshold required for licensure to five children at any one time, exclusive of the provider’s own children and any children residing in the home. It also clarifies that providers who only care for children related to them by blood or marriage are not required to be licensed. This change is effective July 1, 2016. The definition of an “offense” in § 63.2-1719, was amended to include a conviction of any offense that results in the person’s requirement to register in the Sex Offender and Crimes Against Minors Registry. This was added to the list of crimes and prohibitions that constitute a barrier to licensure or registration as a child welfare agency, approval as a foster or adoptive parent by a child-placing agency, approval as a family day home by a family day system, or employment or serving as a volunteer at a child welfare agency. This amendment is effective July 1, 2016. Revisions are made in 22VAC40-191-10 to the definition of “offense,” and technical edits are made in 22VAC40-191-50 to reflect this change. The definition of “sex offense felony for family day homes” in 22VAC40-191-10 is deleted as a result of changes to the definition of “offense.”
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: 2.2 4006 A 4 a
RIS Project Yes  [004657]
Associated Mandates Barrier crimes; conviction or finding not guilty by reason of insanity
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
7587 Final Stage complete. This regulation became effective on 10/19/2016.
Contact Information
Name / Title: Cynthia Carneal Heflin 
Address: Division of Licensing Programs
801 East Main Street, 9th Floor
Richmond, VA 23219
Email Address:
Phone: (804)726-7140    FAX: (804)726-7132    TDD: (800)828-1120