Barrier Crimes
June 23, 2021
You may recall that during last year’s General Assembly Session, there was a small addition to the Code of Virginia which added “contract” staff who fulfill a direct care or direct care supervisory role to the list of those who must be screened. For those who utilize a staffing agency, there was language added to allow the agency to screen for barrier crimes on the State level only:
§37.2-416
K.Any person employed by a temporary agency that has entered into a contract with the provider and who will serve in a direct care position on behalf of the provider licensed pursuant to this article shall under go a background check that shall include:
1. A criminal history records check through the Central Criminal Records Exchange pursuant to §19.2–389; and
2. A search of the central registry maintained pursuant to § 63.2–1515 for any founded complaint of child abuse and neglect. Except as otherwise provided in subsection C, D, or F, no provider licensed pursuant to this article shall permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider if that person has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) o the definition of barrier crime in §19.2–392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in §19.2–392.02 (a) in the five years prior to the application date for employment or (b) if such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in §19.2–392.02
Here is the list matching the requirements above which was developed by the Department for you to include as part of your contact with any staffing agency: