Background Check Portability went into effect on January 1, 2022. As you know, state and federal law require that all employees and volunteers in child care programs and adult household members in family day homes undergo comprehensive background checks.

As of January 1, a background check is not required for any individual who is being hired by or will be volunteering at a child care center or family day home who meets the all of the following criteria:

  • Has had a background check conducted within the previous five years
  • The background check was conducted after July 1, 2017
  • The results of such background check indicated that the individual has not been convicted of any barrier crime as defined in §2-392.02and was not the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and
  • The individual is currently or has been, within the previous 180 days, employed by or a volunteer at a child day center, family day home, family day system, or child day program described in subsection A of § 1-289.035

This is a great change for programs that will allow them to more easily share staff without each program having to request a new background check for an individual that has recently had one with another program. To make a background portability request, the child care program seeking a background check relative to portability must fully complete the attached document and submit it to the Office of Background Investigations via email at This email address is being protected from spambots. You need JavaScript enabled to view it.. It is highly recommended that this form be completed electronically via Adobe Acrobat Reader. There is currently no fee to request portability using this form. In February, all background check applications will be initiated online and there will be a $15 fee to request portability at that time. Please visit the microsite to learn more about this process.


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