DSS PERIODIC REVIEW OF BACKGROUND CHECK REGULATION

VCAL (6/18/2008)

The following notice was published in The Virginia Register on June 9, 2008:

Pursuant to Executive Order Number 36 (2006), the Department of Social Services is currently reviewing the Regulation for Background Checks for Assisted Living Facilities and Adult Day Care Centers (22 VAC 40-90) to determine if it should be terminated, amended, or retained in its current form. The review will be guided by the principles listed in Executive Order Number 36 (2006) and in the Department’s Plan for Review of Existing Agency Regulations. 

Although there is a statutory requirement for a criminal background check on all compensated employees, this is part of the Department’s required review of regulations.

The department is seeking public comment regarding:

• The regulation’s interference in private enterprise and life;
• Essential need of the regulation;
• Less burdensome and intrusive alternatives to the regulation;
• Specific and measurable goals that the regulation is intended to achieve; and
• Whether the regulation is clearly written and easily understandable.

Written comments may be submitted until June 30, 2008, in care of Karen Cullen, Program Consultant, Division of Licensing Programs, Department of Social Services, 7 North 8th Street, Richmond, Virginia 23219-1849, by e-mail to karen.cullen@dss.virginia.gov, or by facsimile to 804.726.7132.