Criminal Background Check For Foster and Adoptive Parents

Criminal Background Checks for Prospective Foster and Adoptive Parents

Requirements for Foster Parents
Citation: Virginia Code § 63.2-1721

Foster parents and any adults residing in the home shall undergo background checks prior to approval. Background checks require:

• A criminal history record check
• A search of the central registry for any founded complaint of child abuse and neglect

Conviction of a ''barrier crime'' shall disqualify an applicant. ''Barrier crime'' includes:

• Murder or manslaughter
• Malicious wounding
• Abduction for immoral purposes
• Assaults and bodily wounding
• Robbery, burglary, or carjacking
• Threats of death or bodily injury
• Felony stalking
• Sexual assault
• Arson
• Drive-by shooting
• Use of a machine gun or sawed-off shotgun in a crime of violence
• Pandering, crimes against nature involving children, incest, or taking indecent liberties with children
• Abuse and neglect of children or failure to secure medical attention for an injured child
• Child pornography
• Abuse and neglect of incapacitated adults
• Delivery of drugs to prisoners
• Any felony violation relating to possession or distribution of drugs

A foster home also may be disqualified for:

• A conviction of any other felony not listed above unless 5 years have elapsed since conviction
• A founded complaint of child abuse or neglect

A child-placing agency may approve as a foster parent an applicant who has been:

• Convicted of not more than one misdemeanor not involving abuse, neglect, or moral turpitude of a minor, provided 10 years have elapsed following the conviction
• Convicted of statutory burglary for breaking and entering a dwelling, home, or other structure with intent to commit larceny, who has had his or her civil rights restored by the Governor, provided 25 years have elapsed
• Convicted of felony possession of drugs who has had his or her civil rights restored by the Governor, provided 10 years have elapsed