Bottom Line for Virginia Nonprofits
- ✓All volunteers at licensed child day centers and family day homes
- ✓Volunteers at children's residential facilities with direct resident access
- ✓Volunteers at assisted living facilities and adult day care centers
- +2 more covered roles below
State Laws That Apply to Volunteer Background Checks
Licensed Child Day Centers and Family Day Homes — Volunteer Background Check
Va. Code § 63.2-1720.1Prohibits licensed child day centers and family day homes from using volunteers convicted of barrier crimes defined in § 63.2-1719. Requires state and national fingerprint-based criminal history checks and Virginia Child Abuse and Neglect Central Registry checks for all volunteers.
Children's Residential Facilities Background Check
Va. Code § 63.2-1726Requires background checks for all volunteers at children's residential facilities including checks against the Sex Offender Registry and barrier crime convictions.
National Criminal Background Checks — Care Providers
Va. Code § 19.2-392.02Authorizes businesses and organizations providing care to children, elderly, or disabled to obtain national criminal history checks on employees and volunteers. Establishes barrier crimes that disqualify covered individuals.
Assisted Living Facilities — Volunteer Screening
Va. Code § 63.2-1720Prohibits assisted living facilities and adult day care centers from using volunteers convicted of certain offenses; requires criminal history background checks.
Who Must Be Screened in Virginia
!Legally Required to Be Screened
- •All volunteers at licensed child day centers and family day homes
- •Volunteers at children's residential facilities with direct resident access
- •Volunteers at assisted living facilities and adult day care centers
- •Volunteers and interns at juvenile correction and detention facilities
- •Any volunteer with unsupervised access to children or vulnerable adults in a DSS-licensed facility
Types of Background Checks Required in Virginia
How to Get Background Checks in Virginia
$5 per check — includes national criminal database, sex offender registry across all 50 states, SSN trace, and FCRA Certified Compliance Team review.
Start Free Today →Volunteer Screening in Virginia: What You Need to Know
Virginia has one of the most detailed 'barrier crime' frameworks in the Southeast — a list of specific offenses that create absolute bars to working or volunteering in covered settings, with no discretion allowed. The state's large federal contractor and military community creates significant volunteer activity in programs for military families and veterans, some of which may intersect with covered sectors. Virginia's 2016 expansion of § 63.2-1720.1 to include national FBI checks (not just state) significantly strengthened screening requirements.
Compliance Tips for Virginia Nonprofits
- 1
Review the complete barrier crime list under Va. Code § 63.2-1719 — these are absolute disqualifiers for childcare and residential facility volunteers, with no individual assessment permitted.
- 2
Submit background check requests to the DSS Office of Background Investigations before any volunteer begins unsupervised service; the statute requires completion prior to service commencement.
- 3
Retain background check results records for the duration of each volunteer's service plus 5 years to demonstrate compliance during DSS licensing inspections.
- 4
For volunteers serving in juvenile justice or corrections settings, follow the separate 6VAC35-41-290 and 6VAC35-101-290 regulations which have their own check cycle (every 5 years).
- 5
Even if your nonprofit is not licensed by DSS, if you serve children or vulnerable adults, consider using Va. Code § 19.2-392.02 to access national background checks voluntarily — it provides legal authority without imposing a mandate.
Frequently Asked Questions
Does Licensed Child Day Centers and Family Day Homes — Volunteer Background Check apply to my nonprofit?
Virginia law applies to nonprofits with volunteers working in covered roles — typically involving direct, unsupervised contact with children, elderly individuals, or vulnerable adults. Virginia has an extensive statutory framework mandating background checks for volunteers in licensed childcare centers, adult care facilities, children's residential facilities, and programs serving vulnerable populations.
What happens if we skip background checks in Virginia?
Failing to screen volunteers in Virginia can expose your organization to negligent supervision liability, loss of insurance coverage, and — in sectors with mandatory requirements — regulatory penalties. Under the federal FCRA, running checks without proper procedures also creates compliance risk.
How long does a Virginia volunteer background check take?
Virginia Department of Social Services (DSS) — Office of Background Investigations; Virginia State Police for criminal history records typically processes checks in State police check: 2–5 business days; FBI check adds 5–15 business days; Child Abuse Registry check: 5–7 business days. VolunteerBadge's national criminal database search returns results instantly for most volunteers.