SB 1219 — Kinship foster care; barrier crimes, exception.

SESSION INTRODUCEDENGROSSED 23103937D I SENATE BILL NO.

1219 OfferedSenate Amendments in [ ] - January 11,24, 2023 N Prefiled January 10, 2023 T A BbarrierBILL crimes;to amend and reenact § 63.2-901.1 of the Code of Virginia, relating to kinship foster care;

barrier crimes;

63.2-901.1Patron ofPrior theto CodeEngrossment––Senator ofMason Virginia,–––––––––– relatingReferred to kinshipCommittee fosteron caRe;Rehabilitation and Social Services E –––––––––– N Be it enacted by the General Assembly of Virginia:

––––––––––1. Patron––Mason O –––––––––– D Referred to Committee on Rehabilitation and Social Services –––––––––– U Be it enacted by the General Assembly of Virginia:

C 1.

A.G § 63.2-901.1.

EachCriminal local board and licensed child-placing agency shall obtain, in accordance with regulations adopted by the Board, criminal history record information from the Central Criminal Records Exchange and the Federal Bureau of Investigation through the Central Criminal Records Exchange and the results of a search of the child abuse and neglect central registry ofcheck anyfor individualplacements with whom the local board or licensed child-placing agency is considering placing a child on an emergency, temporary or permanent basis, including the birth parent of achildren. child in foster care placement, unless the birth parent has revoked an entrustment agreement pursuant to § 63.2-1223 or 63.2-1817 or a local board or birth parent revokes a placement agreement while legal custody remains with the parent, parents, or guardians background checks on all adult household members residing in the home of the individual with whom the child is to be placed pursuant to subsection B.

R A.

Each local board and licensed child-placing agency shall obtain, in accordance with regulations adopted by the Board, criminal history record information from the Central Criminal Records Exchange of a search of the child abuse and neglect central registry of any individual with whom the local board or licensed child-placing agency is considering placing a child on an emergency, temporary or S permanent basis, including the birth parent of a child in foster care placement, unless the birth parent has revoked an entrustment agreement pursuant to § 63.2-1223 or 63.2-1817 or a local board or birth parent revokes a placement agreement while legal custody remains with the parent, parents, or gDardians pursuant to § 63.2-900.

The local board or licensed child-placing agency shall also obtain such background checks on all adult household members residing in the home of the individual with whom the child is to be placed pursuant to subsection B.

The local board or licensed child-placing agency shall pay for the national fingerprint criminal history record check or may require such individual to pay the cost of the9the fingerprintingassessed orby the nationalFederal fingerprintingBureau criminalof historyInvestigation, recordthe checkdesignated orstate both.agency may assess a fee forto the fees responding to requests required by this section.

InS additionB. to the fees assessed by the Federal Bureau of Investigation, the designated state agency may assess a fee for responding to requests required by this section.

B.

convictionB or1. is the subject of any pending criminal charges within or outside the Commonwealth and whether or not the individual has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

2.A sworn statement or affirmation disclosing whether or not the individual has a criminal 2 conviction or is the subject of any pending criminal charges within or outside the Commonwealth9and whether or not the individual has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

That34 the2. individual submit to fingerprinting and provide personal descriptive information to be :

That the individual submit to fingerprinting and provide personal descriptive information to be 35 forwarded along with the individual's fingerprints through the Central Criminal Records Exchange to the 3637 Federallocal Bureauboard or licensed child-placing agency shall inform the individual that he is entitled to obtain a 38 copy of Investigationany forbackground check report and to challenge the purposeaccuracy and completeness of obtainingany criminalsuch historyreport record39 information.and obtain a prompt resolution before a final decision is made of the individual's fitness to have responsibility for the safety and well-being of children.

The 37Central localCriminal boardRecords orExchange, licensedupon child-placingreceipt agencyof shallan informindividual's therecord individualor notification that heno isrecord entitledexists, toshall obtainforward ait 38 copy of any background check report and to challenge the accuracydesignated andstate completenessagency. of any such report responsibility for the safety and well-being of children.

made of the individual's fitness to have The Central Criminal Records Exchange, upon receipt of an individual's record or notification that no record exists, shall forward it to the designated state agency.

The state agency shall report to the local board or licensed child-placing agency whether the individual meets the criteria for having responsibility for the safety and well-being of children based on whether or not the individual has ever been convicted of or is the subject of pending charges for any barrier crime as defined in § 19.2-392.02.

Copies of anyanyof information received by a local board or licensed child-placing agency pursuant to this section shall be available to the state agency that regulates or operates such a child-placing agency but shall not be be disseminated further;

In emergency circumstances, each local board may obtain, from a criminal justice agency, criminalof historyInvestigation recordthrough information from the CentralVirginia Criminal RecordsInformation ExchangeNetwork and(VCIN) for the Federalcriminal Bureaurecordseau search authorized by this section.

Within three days of placing a child, the local board shall require the SB1219SB1219E 2 of 2 individual for whom a criminal history record information check was requested to submit to fingerprinting and provide personal descriptive information to be forwarded along with the fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal record history information, pursuant to subsection B.

(i) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02, provided that the offense did not involve possession of heroin, fentanyl, or methylenedioxy-methamphetamine and five years have elapsed from the date of the conviction [ , ] or (ii) any [ offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 that involved heroin, fentanyl, or methylenedioxy-methamphetamine or ] misdemeanor offense under § 18.2-80, 18.2-81, 18.2-83, 18.2-87, 18.2-87.1, or 18.2-88 or any substantially similar offense under the laws of another jurisdiction, provided that 10 years have elapsed from the date of the conviction.