Virginia House Bill HB807

Virginia 2022 Regular Session

• Introduced: 1/12/22
• Refer: 1/12/22

Caption

Criminal history background checks; governing individuals providing certain services for adults.

Impact

The implications of HB 807 extend significantly to the realm of employment practices within the healthcare sector relating to mental health and substance abuse services. By instituting strict background check requirements, the bill aims to enhance the quality of care provided to clients while also protecting the agencies from legal liabilities associated with hiring individuals with disqualifying criminal histories. Five years must elapse after certain offenses before a person can be considered for direct care roles, which may affect the employment prospects for those previously involved in the justice system.

Summary

House Bill 807 introduces mandatory background checks for individuals seeking employment in direct care positions within community services boards and those providing supportive residential services. This bill specifically targets individuals working with adults receiving treatment for substance abuse or mental health issues, with a robust framework for screening candidates to ensure the safety and well-being of vulnerable populations. To enforce these standards, the bill mandates that applicants provide personal information for national criminal history record checks through the FBI and adhere to specific criteria related to past criminal behavior.

Contention

Critics of the bill may argue that overly strict background check policies could disproportionately impact individuals with prior offenses seeking rehabilitation and employment opportunities in a field that requires empathy and understanding of complex social issues. They may also caution that the bill could exacerbate staffing shortages in these crucial sectors if potential employees are disqualified from positions based solely on their past charges rather than a comprehensive assessment of their rehabilitation and current risk to clients. Thus, while aiming for safety and high standards of care, the bill must balance these goals with the potential for creating barriers to reintegration into the workforce for individuals with a criminal background.