Find & Ask › West Virginia › this rule

W. Va. Code §16B-15-3 - Prescreening and Criminal Background Checks (West Virginia Clearance for Access: Registry and Employment Screening Act, WV CARES)

West VirginiastatuteWest Virginia Office of the Inspector General (WV CARES program) / West Virginia State Police Criminal Identification Bureau

What this rule requires your agency to do

  • 1The agency/provider must ensure direct access personnel undergo fingerprint-based registry and criminal background screening through the centralized WV CARES web-based system, including participation in the ongoing Rap Back program. (W. Va. Code §16B-15-2)(W. Va. Code §16B-15-2)
  • 2The provider must not employ or engage an applicant for a direct access position prior to completing the background check process. (W. Va. Code §16B-15-3(a))(W. Va. Code §16B-15-3 - Prescreening and Criminal Background Checks (West Virginia Clearance for Access: Registry and Employment Screening Act, WV CARES))
  • 3The provider must not engage or immediately engage an individual who has a negative prescreening result from the registry check. (W. Va. Code §16B-15-3(c))(W. Va. Code §16B-15-3 - Prescreening and Criminal Background Checks (West Virginia Clearance for Access: Registry and Employment Screening Act, WV CARES))
  • 4The provider must not engage direct access personnel until the director/Inspector General provides written notice that the individual may be engaged (i.e., no disqualifying offense was found). (W. Va. Code §16B-15-3(f))(W. Va. Code §16B-15-3 - Prescreening and Criminal Background Checks (West Virginia Clearance for Access: Registry and Employment Screening Act, WV CARES))
  • 5The provider must require applicants without negative prescreening findings to submit to fingerprinting for a state and federal criminal history record information check. (W. Va. Code §16B-15-3(d))(W. Va. Code §16B-15-3 - Prescreening and Criminal Background Checks (West Virginia Clearance for Access: Registry and Employment Screening Act, WV CARES))
  • 6The provider (employer) must notify the individual applicant when a prescreening produces a negative finding. (W. Va. Code §16B-15-3(b))(W. Va. Code §16B-15-3 - Prescreening and Criminal Background Checks (West Virginia Clearance for Access: Registry and Employment Screening Act, WV CARES))

Applies to: home care, personal care, and other covered providers/contractors with "direct access personnel" who have access to vulnerable populations

Under the WV CARES Act, covered home-care and other providers must prescreen applicants for direct access positions against the centralized registry and complete a fingerprint-based state and federal criminal history record check before employing or engaging any direct access personnel, and may not engage individuals with disqualifying findings until the Inspector General clears them.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.