Bottom Line for West Virginia Nonprofits
- ✓Volunteers 18 and older at licensed family child care facilities
- ✓Volunteers at licensed out-of-school-time child care centers
- ✓Direct access volunteers at long-term care, assisted living, and residential care facilities
- +2 more covered roles below
State Laws That Apply to Volunteer Background Checks
WV CARES Act
W. Va. Code §§ 16-49-1 to 16-49-15The West Virginia Clearance for Access: Registry and Employment Screening Act establishes the statewide background check and registry screening system for direct access employees and volunteers at covered providers — childcare facilities, long-term care facilities, and home/community-based service providers. Requires state and federal fingerprint-based criminal checks, registry prescreening, and multi-state checks for persons who lived elsewhere in the past 5 years.
Family Child Care Facility Background Check
W. Va. Code R. § 78-18-16At license application and renewal, family child care facilities must demonstrate WV CARES compliance for all owners, operators, staff, and volunteers age 18+, including adult household members.
Out-of-School-Time Child Care Centers
W. Va. Code R. § 78-21-7Out-of-school-time childcare centers must conduct background checks on all personnel and volunteers, with limited exemptions.
Who Must Be Screened in West Virginia
!Legally Required to Be Screened
- •Volunteers 18 and older at licensed family child care facilities
- •Volunteers at licensed out-of-school-time child care centers
- •Direct access volunteers at long-term care, assisted living, and residential care facilities
- •Volunteers at home health and hospice agencies
- •Adult household members at family daycare home settings
Types of Background Checks Required in West Virginia
How to Get Background Checks in West 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 West Virginia: What You Need to Know
West Virginia has the highest rate of elderly residents of any state and a large long-term care volunteer sector, making WV CARES compliance especially critical for senior-serving organizations. The state's Appalachian geography and rural communities mean many volunteers travel significant distances for IdentoGO fingerprint appointments — planning lead time is essential. WV CARES covers adult household members of home-based childcare providers, which is unique among states. West Virginia has no state FCRA analog for volunteers.
Compliance Tips for West Virginia Nonprofits
- 1
Complete WV CARES prescreening (OIG list and sex offender registry) before scheduling a fingerprint appointment — the prescreening step must be documented and completed first in the WV CARES system.
- 2
Account for rural IdentoGO appointment availability when onboarding volunteers; in remote counties, the nearest fingerprint site may be 1-2 hours away — build at least 2-3 weeks of lead time into your volunteer intake process.
- 3
Adult household members of family daycare homes are covered by WV CARES — this is frequently overlooked; ensure all adults living in the home are screened at application and renewal.
- 4
Run multi-state child and adult abuse registry checks covering all states where the volunteer has lived in the past five years — this is a distinct legal requirement from the FBI criminal check.
- 5
Keep a copy of all WV CARES clearance documentation in the volunteer's file; the Bureau for Social Services may request this documentation during licensing audits of childcare providers.
Frequently Asked Questions
Does WV CARES Act apply to my nonprofit?
West Virginia law applies to nonprofits with volunteers working in covered roles — typically involving direct, unsupervised contact with children, elderly individuals, or vulnerable adults. West Virginia requires comprehensive fingerprint-based background checks for volunteers 18 and older at licensed childcare facilities and long-term care providers under the WV CARES Act (W.
What happens if we skip background checks in West Virginia?
Failing to screen volunteers in West 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 West Virginia volunteer background check take?
Timing varies by check type. VolunteerBadge's national criminal database and sex offender registry checks return results instantly. Fingerprint-based checks through WV Office of Inspector General (WV CARES administration); WV State Police Crime Identification Bureau (CIB); IdentoGO/IDEMIA for fingerprint appointments typically take 3–10 business days.