Does Virginia require background checks for volunteers?

For most organizations, no — Virginia makes the check a choice. Va. Code § 19.2-392.02 lets organizations that provide care to children, the elderly or people with disabilities request a State Police–screened national fingerprint check, and says failing to request one is not negligence per se. Checks are required in specific settings: child day programs under § 22.1-289.035, child-placing agencies and independent foster homes for volunteers who will be alone with children (§ 63.2-1720(F)), and children’s residential facilities for every volunteer (§ 63.2-1726). Youth sports, Sunday schools and most camps set their own standard.

What is a barrier crime in Virginia?

A barrier crime is an offense on the list in Va. Code § 19.2-392.02(A): named violent, sexual and child-abuse offenses, including misdemeanor assault and battery; burglary; felony drug offenses; registrable sex offenses; and any other felony until five years have passed since the conviction. Out-of-state equivalents count. In child day programs and child welfare agencies, juvenile felony adjudications count too, and no waiver is possible. Since July 1, 2026, sealed offenses are not barrier crimes except as federal law requires.

Are Virginia child day program volunteers fingerprinted?

Yes. Under Va. Code § 22.1-289.035, every volunteer and volunteer applicant at a licensed child day center, home-based child care, a church-run center exempt from licensure, or a subsidy-funded program gives a sworn disclosure and completes a national fingerprint check, a Central Registry search and criminal, sex offender and abuse registry checks for every state lived in during the past five years — before serving and every five years. A volunteer may start early only after a qualifying fingerprint result and while supervised at all times.

Which Virginia volunteers must report suspected child abuse?

Only those Va. Code § 63.2-1509 names: coaches, directors and other adults volunteering with a sports organization or team or a school athletics program; any adult associated with an organization responsible for the care, custody or control of children; court-appointed special advocates; and anyone 18 or older who has completed DSS-approved reporter training. Scout leaders are not named. Reports go immediately to the local department of social services or the DSS hotline, (800) 552-7096, and failing to report within 24 hours can bring a fine.

Can a VolunteerBadge check stand in for a VDOE, DSS or State Police check?

No. A VDOE child care check, a DSS child welfare check and a State Police or FBI fingerprint check are each mandatory wherever Virginia law calls for them, and no commercial check can take their place. Use VolunteerBadge for the youth sports, Sunday school and most camp roles Virginia leaves to each organization, and as an added layer beside the checks the Code requires.

Free guide · 2026 edition · The barrier-crime list and the settings where it decides who serves

Barrier Crimes: The Virginia guide to screening volunteers: the barrier-crime list, the State Police check any care organization may request, where VDOE and DSS require checks, and which volunteers must report abuse

Virginia puts no general screening duty on volunteers or the groups that use them. It has a list — the “barrier crimes” in Va. Code § 19.2-392.02 — and the settings where that list decides who may serve: child day programs, child-placing agencies and children’s residential facilities. Everywhere else, any care organization may ask the State Police for a fingerprint check. The chapters that follow take each setting in turn, with the Code section that governs it.

By the VolunteerBadge research team · Sources checked September 11, 2026

Written for Virginia child day programs, churches, leagues, camps, foster care agencies and senior programs
The barrier-crime list, clause by clause — and what sealing changed in July 2026
VDOE child care, DSS child welfare, adult care and the State Police check with its $18 fee cap
A volunteer disclosure statement and a reporting card you can copy

Who Barrier Crimes is for

Child care and preschool directors, church and youth-ministry leaders, league administrators, camp directors, foster care and residential program managers, senior-program coordinators, co-op leaders, executive directors and volunteer coordinators — any Virginia organization weighing whether the barrier-crime list, a required check or the optional State Police request reaches its volunteers.

4,484

Virginia children found to be victims of abuse or neglect in 2024: 2.4 per 1,000 against 7.2 nationally, and 20.7% fewer than in 2020.

ACF, Child Maltreatment 2024

31.6%

of Virginians volunteered through an organization in 2023: 2.18 million people and 156.8 million hours, valued at an estimated $5.2 billion.

AmeriCorps / Census CEV, 2023

$18

The most the State Police and the FBI may each charge a volunteer for a national fingerprint check requested under § 19.2-392.02.

Va. Code § 19.2-392.02(F)

Cited to primary sources

Virginia at a glance

Not checking isn’t negligence per se: Any business or organization that provides care to children, the elderly or people with disabilities “may request” a State Police–screened national fingerprint check. A volunteer is covered only with unsupervised access to a child, and not requesting a check is not negligence per se.; Va. Code § 19.2-392.02(A), (B), (G)
The barrier-crime list: Named violent, sexual and child-abuse offenses, burglary, felony drug offenses and registrable sex offenses bar a person permanently; any other felony counts for five years after conviction. Out-of-state equivalents count, and sealed offenses don’t.; Va. Code §§ 19.2-392.02(A), 19.2-392.5(I)
A capped fee for volunteers: For a national check requested under § 19.2-392.02, the State Police and the FBI may each charge a volunteer the lesser of $18 or actual cost. A private organization learns only whether the person is disqualified, and the State Police aim to answer within 15 business days.; Va. Code § 19.2-392.02(C), (D), (F)
Every child day program volunteer: Licensed child day centers, home-based child care, church-run centers exempt from licensure and subsidy-funded programs check every volunteer — sworn statement, national fingerprints, Central Registry and five years of out-of-state checks — before serving and every five years.; Va. Code §§ 22.1-289.035(A)–(B), 22.1-289.039, 22.1-289.040
The early-start rule: A child day program volunteer may begin before every result is back only after a qualifying fingerprint result, and only while supervised at all times by someone cleared within the past five years. Records are kept at least two years after the volunteer leaves.; Va. Code § 22.1-289.035(A); 8VAC20-821-210
No waiver for barrier crimes: Neither the Superintendent of Public Instruction nor the Commissioner of Social Services may waive a barrier crime for anyone who works or volunteers at a child day program or child welfare agency, and juvenile felony adjudications count.; Va. Code §§ 22.1-289.038(A), 63.2-1723(A), 22.1-289.034, 63.2-1719
Child welfare volunteers: Child-placing agencies and independent foster homes check volunteers who will be alone with a child within 30 days of starting; parent-volunteers are excluded. Every volunteer at a children’s residential facility is fingerprinted and registry-cleared before starting, at the volunteer’s cost unless the facility pays.; Va. Code §§ 63.2-1720(F), 63.2-1726(A), (C), (D)
Adult care volunteers: Assisted living facilities, adult day centers and nursing homes check employees. Volunteers serve with the permission, or under the supervision, of a person who has received a clearance; we found no statute requiring the volunteers themselves to be checked.; Va. Code §§ 63.2-1720(A), (G), 32.1-126.01
Sports volunteers report: Coaches, directors and other adults volunteering with a public or private sports organization or team, or a school athletics program, must report suspected child abuse immediately; missing the 24-hour limit can bring a fine of up to $500 for a first failure.; Va. Code § 63.2-1509(A)(16), (E)

From the Barrier Crimes executive summary

Barrier crimes and beyond: six Virginia essentials

1
Asking the State Police is optional.
Any organization that provides care to children, the elderly or people with disabilities “may request” a State Police–screened national fingerprint check under Va. Code § 19.2-392.02. A volunteer qualifies only with unsupervised access to a child, and not asking is not negligence per se.
2
One list decides who may serve.
Where Virginia requires checks, the test is the barrier-crime list: named violent, sexual, drug and child-abuse offenses, burglary, and any other felony for five years. Child day programs and child welfare agencies can’t waive a barrier crime.
3
Every child day program volunteer is checked.
Licensed centers, home-based child care, church-run centers exempt from licensure and subsidy programs require a sworn disclosure, national fingerprints, a Central Registry search and five years of out-of-state checks — before serving and every five years.
4
Child welfare uses the same list.
Volunteers who will be alone with children at child-placing agencies and independent foster homes are checked, and every volunteer at a children’s residential facility is fingerprinted and cleared through the Central Registry before starting.
5
Adult care checks employees, not volunteers.
In assisted living, adult day centers and nursing homes, the statutes check paid staff; volunteers serve with the permission, or under the supervision, of a person who has been cleared.
6
Many adult volunteers must report abuse.
Adult coaches and others volunteering with a sports organization or team — and, since 2026 legislation, a school athletics program — are named mandated reporters, as is any adult associated with an organization responsible for children’s care.

Inside Barrier Crimes, chapter by chapter

01
Barrier crimes and the settings where they decide
Barrier crimes, the optional State Police check and the settings that require one, with Virginia’s figures.
02
Why being “alone with” a child changes the answer
Role by role, the Virginia statute that applies, if any — and why being “alone with” a child changes the answer.
03
The barrier-crime list
The six clauses of § 19.2-392.02, juvenile records, waivers, sealing and the 2027 edit.
04
Asking the State Police: § 19.2-392.02
The voluntary national check, the $18 cap, SP-167 searches, free checks, Rap Back and registry alerts.
05
Child day programs: every volunteer, checked
Section 22.1-289.035: the four components, the early-start rule, portability and records.
06
Which programs count: exemptions, church centers and camps
What is and isn’t a child day program, church-run centers and overnight camps.
07
Foster care, child-placing and residential programs
The DSS and Juvenile Justice volunteer rules, and the 30-day gap.
08
Adult care volunteers, under supervision
Supervised volunteers in adult care, and the § 63.2-1606 reporting duty.
09
Reporting child abuse: § 63.2-1509
The items that reach volunteers, the 24-hour line and the 2027 hotline change.
10
Schools, sports, churches — and the lifetime ban
Where Virginia law is silent, § 18.2-370.4 and charity registration.
11
July 2026 sealing, ban-the-box and two notice rules
What sealing changed in July 2026, ban-the-box and two notice rules.
12
Child care’s move to VDOE, and edits due in 2027
Each change in date order, from 2021 through edits that don’t take effect until 2027.
13
For roles Virginia leaves open
What VolunteerBadge can add in roles Virginia leaves open, and why it can’t substitute for a VDOE, DSS or State Police check.
A
Appendix A: Child day programs, welfare and adult care
Child day programs, child welfare, adult care and the optional State Police request, set against a starting baseline.
B
Appendix B: A disclosure statement and a reporting card
A § 19.2-392.02 volunteer statement and a reporting card, both ready to copy.
C
Appendix C: Every Code section and agency page, dated
Every Code of Virginia section, regulation and agency page behind this guide, with the date we checked it.

Get the free guide

Barrier Crimes: Virginia questions answered

Does Virginia require background checks for volunteers?: For most organizations, no — Virginia makes the check a choice. Va. Code § 19.2-392.02 lets organizations that provide care to children, the elderly or people with disabilities request a State Police–screened national fingerprint check, and says failing to request one is not negligence per se. Checks are required in specific settings: child day programs under § 22.1-289.035, child-placing agencies and independent foster homes for volunteers who will be alone with children (§ 63.2-1720(F)), and children’s residential facilities for every volunteer (§ 63.2-1726). Youth sports, Sunday schools and most camps set their own standard.
What is a barrier crime in Virginia?: A barrier crime is an offense on the list in Va. Code § 19.2-392.02(A): named violent, sexual and child-abuse offenses, including misdemeanor assault and battery; burglary; felony drug offenses; registrable sex offenses; and any other felony until five years have passed since the conviction. Out-of-state equivalents count. In child day programs and child welfare agencies, juvenile felony adjudications count too, and no waiver is possible. Since July 1, 2026, sealed offenses are not barrier crimes except as federal law requires.
Are Virginia child day program volunteers fingerprinted?: Yes. Under Va. Code § 22.1-289.035, every volunteer and volunteer applicant at a licensed child day center, home-based child care, a church-run center exempt from licensure, or a subsidy-funded program gives a sworn disclosure and completes a national fingerprint check, a Central Registry search and criminal, sex offender and abuse registry checks for every state lived in during the past five years — before serving and every five years. A volunteer may start early only after a qualifying fingerprint result and while supervised at all times.
Which Virginia volunteers must report suspected child abuse?: Only those Va. Code § 63.2-1509 names: coaches, directors and other adults volunteering with a sports organization or team or a school athletics program; any adult associated with an organization responsible for the care, custody or control of children; court-appointed special advocates; and anyone 18 or older who has completed DSS-approved reporter training. Scout leaders are not named. Reports go immediately to the local department of social services or the DSS hotline, (800) 552-7096, and failing to report within 24 hours can bring a fine.
Can a VolunteerBadge check stand in for a VDOE, DSS or State Police check?: No. A VDOE child care check, a DSS child welfare check and a State Police or FBI fingerprint check are each mandatory wherever Virginia law calls for them, and no commercial check can take their place. Use VolunteerBadge for the youth sports, Sunday school and most camp roles Virginia leaves to each organization, and as an added layer beside the checks the Code requires.

Beyond Barrier Crimes

The Virginia sources behind Barrier Crimes

Checked September 11, 2026. The guide cites each one where it is used.

General information, not legal advice. Laws and agency practice change. Confirm anything you rely on with the agencies named here, your licensor, your insurer or qualified counsel. Spot an error? Tell us and we will fix it.

VolunteerBadge is owned and operated by ScreenForge Labs, LLC, an FCRA-regulated Consumer Reporting Agency that has obtained its FCRA Certificate from the Consumer Data Industry Association (CDIA). This guide is general educational information and is not legal advice. Laws change; this guide's sources were checked as of September 11, 2026.