{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/22.1-289.041.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/22.1-289.041.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/22.1-289.041.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/22.1-289.041.html"}],"law_id":354709,"edition_id":2,"section_id":354709,"structure_id":50736,"section_number":"22.1-289.041","catch_line":"Sex offender or child abuser prohibited from operating or residing in family day home; penalty","history":"2020, cc. 860, 861.","full_text":"It shall be unlawful for any person to operate a family day home if he, or if he knows that any other person who resides in, is employed by, or volunteers in the home, has been convicted of a felony in violation of \u00a7 18.2-48, 18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-355, 18.2-361, 18.2-366, 18.2-369, 18.2-370, 18.2-370.1, 18.2-371.1, or 18.2-374.1, has been convicted of any offense that requires registration on the Sex Offender and Crimes Against Minors Registry pursuant to \u00a7 9.1-902, or is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. A violation of this section is punishable as a Class 1 misdemeanor.\n\n","order_by":null,"text":{"0":{"id":1320737,"text":"It shall be unlawful for any person to operate a family day home if he, or if he knows that any other person who resides in, is employed by, or volunteers in the home, has been convicted of a felony in violation of \u00a7 18.2-48, 18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-355, 18.2-361, 18.2-366, 18.2-369, 18.2-370, 18.2-370.1, 18.2-371.1, or 18.2-374.1, has been convicted of any offense that requires registration on the Sex Offender and Crimes Against Minors Registry pursuant to \u00a7 9.1-902, or is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. A violation of this section is punishable as a Class 1 misdemeanor.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":50736,"edition_id":2,"name":"Background Checks","identifier":"5","label":"article","depth":3,"order_by":5,"parent_id":50732,"metadata":{"child_laws":8,"child_structures":0},"date_created":"2026-08-02 02:32:34","date_modified":"2026-08-02 12:31:07","permalink":{"id":1409757,"object_type":"structure","relational_id":50736,"identifier":"5","token":"22.1\/14.1\/5","url":"\/22.1\/14.1\/5\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50732,"edition_id":2,"name":"Early Childhood Care and Education","identifier":"14.1","label":"chapter","depth":2,"order_by":17,"parent_id":50682,"metadata":{"child_laws":62,"child_structures":8},"date_created":"2026-08-02 02:32:31","date_modified":"2026-08-02 12:31:07","permalink":{"id":1409607,"object_type":"structure","relational_id":50732,"identifier":"14.1","token":"22.1\/14.1","url":"\/22.1\/14.1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50682,"edition_id":2,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":60,"parent_id":null,"metadata":{"child_laws":858,"child_structures":99},"date_created":"2026-08-02 02:31:28","date_modified":"2026-08-02 12:30:57","permalink":{"id":1407951,"object_type":"structure","relational_id":50682,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":354701,"structure_id":50736,"section_number":"22.1-289.034","catch_line":"Barrier crime; construction","url":"\/22.1-289.034\/","token":"22.1\/14.1\/5\/22.1-289.034","metadata":false},{"id":354702,"structure_id":50736,"section_number":"22.1-289.035","catch_line":"Licensed child day centers, family day homes, and family day systems; employment for compensation or use as volunteers of persons convicted of or found to have committed certain offenses prohibited; national background check required; penalty","url":"\/22.1-289.035\/","token":"22.1\/14.1\/5\/22.1-289.035","metadata":false},{"id":354703,"structure_id":50736,"section_number":"22.1-289.036","catch_line":"Background check upon application for licensure, registration, or approval as child day center, family day home, or family day system; penalty","url":"\/22.1-289.036\/","token":"22.1\/14.1\/5\/22.1-289.036","metadata":false},{"id":354704,"structure_id":50736,"section_number":"22.1-289.037","catch_line":"Revocation or denial of renewal based on background checks; failure to obtain background check","url":"\/22.1-289.037\/","token":"22.1\/14.1\/5\/22.1-289.037","metadata":false},{"id":354705,"structure_id":50736,"section_number":"22.1-289.038","catch_line":"Child day programs and family day systems; criminal conviction and waiver","url":"\/22.1-289.038\/","token":"22.1\/14.1\/5\/22.1-289.038","metadata":false},{"id":354706,"structure_id":50736,"section_number":"22.1-289.039","catch_line":"Records check by unlicensed child day center; penalty","url":"\/22.1-289.039\/","token":"22.1\/14.1\/5\/22.1-289.039","metadata":false},{"id":354708,"structure_id":50736,"section_number":"22.1-289.040","catch_line":"Child day centers and family day homes receiving federal, state, or local child care funds; eligibility requirements","url":"\/22.1-289.040\/","token":"22.1\/14.1\/5\/22.1-289.040","metadata":false},{"id":354709,"structure_id":50736,"section_number":"22.1-289.041","catch_line":"Sex offender or child abuser prohibited from operating or residing in family day home; penalty","url":"\/22.1-289.041\/","token":"22.1\/14.1\/5\/22.1-289.041","metadata":false}],"previous_section":{"id":354708,"structure_id":50736,"section_number":"22.1-289.040","catch_line":"Child day centers and family day homes receiving federal, state, or local child care funds; eligibility requirements","url":"\/22.1-289.040\/","token":"22.1\/14.1\/5\/22.1-289.040","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.041\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 860<\/a> and 861<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":351830,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"}],"refers_to":[{"id":350835,"section_number":"18.2-355","catch_line":"Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking","order_by":null,"url":"\/18.2-355\/"},{"id":350849,"section_number":"18.2-361","catch_line":"Crimes against nature; penalty","order_by":null,"url":"\/18.2-361\/"},{"id":350854,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","order_by":null,"url":"\/18.2-366\/"},{"id":350857,"section_number":"18.2-369","catch_line":"Abuse and neglect of vulnerable adults; penalties","order_by":null,"url":"\/18.2-369\/"},{"id":350867,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","order_by":null,"url":"\/18.2-370\/"},{"id":350861,"section_number":"18.2-370.1","catch_line":"Taking indecent liberties with child by person in custodial or supervisory relationship; penalties","order_by":null,"url":"\/18.2-370.1\/"},{"id":350868,"section_number":"18.2-371.1","catch_line":"Abuse and neglect of children; penalties; abandoned infant","order_by":null,"url":"\/18.2-371.1\/"},{"id":350876,"section_number":"18.2-374.1","catch_line":"Production, publication, sale, financing, etc., of child pornography; presumption as to age","order_by":null,"url":"\/18.2-374.1\/"},{"id":351038,"section_number":"18.2-48","catch_line":"Abduction with intent to extort money or for immoral purpose","order_by":null,"url":"\/18.2-48\/"},{"id":351136,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":351139,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","order_by":null,"url":"\/18.2-63\/"},{"id":351140,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","order_by":null,"url":"\/18.2-64.1\/"},{"id":351146,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","order_by":null,"url":"\/18.2-67.1\/"},{"id":351148,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","order_by":null,"url":"\/18.2-67.2\/"},{"id":351150,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","order_by":null,"url":"\/18.2-67.3\/"},{"id":351154,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","order_by":null,"url":"\/18.2-67.5\/"},{"id":378742,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"}],"permalink":{"id":1409787,"object_type":"law","relational_id":354709,"identifier":"22.1-289.041","token":"22.1\/14.1\/5\/22.1-289.041","url":"\/22.1-289.041\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/22.1-289.041\/","token":"22.1\/14.1\/5\/22.1-289.041","dublin_core":{"Title":"Sex offender or child abuser prohibited from operating or residing in family day home; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.041","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

It shall be unlawful for any person to operate a family day home<\/span> if he, or if he knows that any other person who resides in, is employed by, or volunteers in the home, has been convicted of a felony<\/span> in violation of \u00a7 18.2-48<\/a>, 18.2-61<\/a>, 18.2-63<\/a>, 18.2-64.1<\/a>, 18.2-67.1<\/a>, 18.2-67.2<\/a>, 18.2-67.3<\/a>, 18.2-67.5<\/a>, 18.2-355<\/a>, 18.2-361<\/a>, 18.2-366<\/a>, 18.2-369<\/a>, 18.2-370<\/a>, 18.2-370.1<\/a>, 18.2-371.1<\/a>, or 18.2-374.1<\/a>, has been convicted of any offense<\/span> that requires registration on the Sex Offender and Crimes<\/span> Against Minors<\/span> Registry pursuant to \u00a7 9.1-902<\/a>, or is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. A violation of this section is punishable as a Class 1 misdemeanor<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSEX OFFENDER OR CHILD ABUSER PROHIBITED FROM OPERATING OR RESIDING IN FAMILY DAY\nHOME; PENALTY (\u00a7 22.1-289.041)\n\nIt shall be unlawful for any person to operate a family day home if he, or if he\nknows that any other person who resides in, is employed by, or volunteers in the\nhome, has been convicted of a felony in violation of \u00a7 18.2-48, 18.2-61,\n18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-355,\n18.2-361, 18.2-366, 18.2-369, 18.2-370, 18.2-370.1, 18.2-371.1, or 18.2-374.1,\nhas been convicted of any offense that requires registration on the Sex Offender\nand Crimes Against Minors Registry pursuant to \u00a7 9.1-902, or is the subject of\na founded complaint of child abuse or neglect within or outside the\nCommonwealth. A violation of this section is punishable as a Class 1\nmisdemeanor.\n\nHISTORY: 2020, cc. 860, 861.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}