Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider repealing 22VAC40-191, Background Checks for Child Welfare Agencies, and promulgating 22VAC40-192, Background Checks for Child Welfare Agencies. The purpose of the proposed action is to repeal the existing regulation, 22VAC40-191, and replace it with a new regulation, 22VAC40-192, for consistency with federal law and the Code of Virginia. Repeal of the existing regulation and adoption of a new regulation allows greater flexibility to adjust the structure, format, and language of the regulation while incorporating state and federal requirements for background checks. Multiple changes are needed to update the existing regulation, including new requirements for fingerprint based background checks and out-of-state child abuse and neglect registry background checks, as well as correcting Code of Virginia citations that are no longer accurate. Several new sections will be added to provide program specific information. Other changes the agency deems necessary after comments and review may also be made.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Public Comment Deadline: April 3, 2019.

Agency Contact: Deborah Eves, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7506, or email deborah.eves@dss.virginia.gov.