Child Placing Agencies Barrier Crimes

VA Code Ann. §§ 19.2-392.02; 63.2-901.1; 63.2-1719; 63.2-1720; 63.2-1721

Child-placing agencies and licensed independent foster homes cannot hire or approve a foster and
adoptive parent who has:

• A conviction of any barrier crime as defined in § 19.2-392.02. Convictions include prior adult and
  juvenile convictions or adjudications of delinquency based on a crime that would be a felony if
  committed by an adult within or outside the Commonwealth.
• A founded complaint of child abuse or neglect within or outside the Commonwealth

The list of barrier crimes is broken into six clauses. All six clauses apply to Child Placing Agencies, Foster
and Adoptive Homes approved by Child Placing Agencies, and Licensed Independent Foster Homes.

The following is a list, broken down by clause, of relevant barrier crimes as well as exceptions.

“Barrier crime” under Code § 19.2-392.02, Clause (i) includes:

Any FELONY violation of: 

Any violation of: 

*Exception: A child-placing agency may approve a kinship foster parent if the applicant was convicted of
any misdemeanor offense under any of the crimes marked with a single asterisk, or any substantially
similar offense under the laws of another jurisdiction, if 10 years have elapsed from the date of the
conviction and the child-placing agency makes a specific finding that approving the kinship foster care
placement would not adversely affect the safety and well-being of the child. § 63.2-901.1 (F)(ii).

**Exception: A child-placing agency may approve as a foster or adoptive parent an applicant convicted of
not more than one misdemeanor under § 18.2-57 or § 18.2-57.2 , or any substantially similar offense
under the laws of another jurisdiction, not involving the abuse, neglect, or moral turpitude of a minor,
provided 10 years (5 years if kinship foster parent) have elapsed following the conviction. §§ 63.2-901.1
(E); 63.2-1721 (E); 19.2-392-.02.

"Barrier crime" under Code § 19.2-392.02, Clause (ii) includes:

Any violation of: 

***Exception: A child-placing agency may approve as a foster parent an applicant convicted of statutory
burglary for breaking and entering a dwelling home or other structure with intent to commit larceny or
any substantially similar offense under the laws of another jurisdiction, who has had his civil rights
restored by the Governor or other appropriate authority, provided that 25 years have elapsed following
the conviction. § 63.2-1721 (F).

"Barrier crime" under Code § 19.2-392.02, Clause (iii) is: 

Any FELONY violation of:

As a general exception to clause (iii) child-placing agency may approve as a foster or adoptive parent
who has conviction of any offense in under clause (iii) of barrier crime definition in Code § 19.2
392.02 or any substantially similar offense in another jurisdiction, who has had civil rights restored by
Governor or other authority, if twenty years have elapsed since conviction. § 63.2-1721 (H).

"Barrier crime" under Code § 19.2-392.02, Clause (iv) is:

Any FELONY violation of: 

Exception: A child-placing agency may approve as a foster parent or adoptive parent an applicant
convicted of any offense set forth in § 18.2-250, who has had his civil rights restored by the Governor
or other appropriate authority, provided 10 years have elapsed following the conviction or eight years
have elapsed following the conviction and the applicant (i) has complied with all obligations imposed
by the criminal court; (ii) has completed a substance abuse treatment program; (iii) has completed a
drug test administered by a laboratory or medical professional within 90 days prior to being approved,
and such test returned with a negative result; and (iv) complies with any other obligations as
determined by the Department. § 63.2- 1721 (G).

Exception: A child-placing agency may approve a kinship foster parent applicant who has been convicted
of any offense set forth in § 18.2-250, or any substantially similar offense under the laws of another
jurisdiction, if 5 years have elapsed from the date of the conviction and the child-placing agency makes a
specific finding that approving the kinship foster care placement would not adversely affect the safety and
well-being of the child. § 63.2-901.1 (F)(i).

"Barrier crime" under Code § 19.2-392.02, Clause (v) is: 

• Any offense set forth in § 9.1-902 that results in the person's requirement to register with the
  Sex Offender and Crimes Against Minors Registry pursuant to § 9.1-901, including any finding
  that a person is not guilty by reason of insanity in accordance with Chapter 11.1 (§ 19.2-182.2 et
  seq.) of Title 19.2 of an offense set forth in § 9.1-902 that results in the person's requirement to
  register with the Sex Offender and Crimes Against Minors Registry pursuant to § 9.1-901;
  Offenses that require registration can be found at http://sex-offender.vsp.virginia.gov/sor/statutes.html
• Any substantially similar offense under the laws of another jurisdiction; or
• Any offense for which registration in a sex offender and crimes against minors registry is
  required under the laws of the jurisdiction where the offender was convicted

"Barrier crime" under Code § 19.2-392.02, Clause (vi) is:

Any other felony not included in clause (i), (ii), (iii), (iv), or (v) unless five years have elapsed from the
date of the conviction.