The following words and terms when used in this part shall have the following meanings unless the context indicates otherwise:

"Administrative disqualification hearing" or "ADH" means an impartial review by a state hearing officer of a recipient's actions involving an alleged intentional program violation for the purpose of determining if the individual did or did not commit an intentional program violation.

"Applicant" means a person who has applied for child care services and the disposition of the application has not yet been determined.

"Assets" means resources owned by a person or company regarded as having value and available to meet debts and commitments.

"Background checks" means the checks for barrier crimes and offenses required under Article 5 (§ 22.1-289.034 et seq.) of Chapter 14.1 of Title 22.1 of the Code of Virginia, including the sworn statement or affirmation as is required by Article 5; the criminal history record check; and the Child Protective Services Central Registry check.

"Child care subsidy and services" or "Child Care Subsidy Program" means the department program that assists eligible low-income families with the cost of child care and those activities that assist eligible families in the arrangement for or purchase of child care for children for care that is less than a 24-hour day. It also includes activities that promote parental choice, consumer education to help parents make informed choices about child care, activities to enhance health and safety standards established by the state, and activities that increase and enhance child care and early childhood development resources in the community.

"Child experiencing homelessness" means a child who lacks a fixed, regular, and adequate nighttime residence and includes:

1. A child who is living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar settings;

2. A child who is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as "doubled-up");

3. A child who is living in a motel, hotel, trailer park, or camping grounds due to lack of alternative adequate accommodations;

4. A child who is living in congregate, temporary, emergency, or transitional shelters;

5. A child who is abandoned in a hospital;

6. A child who is living in a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; and

7. A child who is a migratory child as defined in § 1309 of the Elementary and Secondary Education Act of 1965, P.L. No. 89-10 (20 USC § 6399) who qualifies as homeless because he is living in circumstances described in clauses (i) through (iii) of 42 USC § 11432a(2)(8).

"Child protective services" means the identification, receipt, and immediate response to complaints and reports of alleged child abuse or neglect for children younger than 18 years of age. It also includes assessment and arranging for and providing necessary protective and rehabilitative services for a child and his family when the child has been found to have been abused or neglected or is at risk of being abused or neglected.

"Child with special needs or disability" means (i) a child with a disability as defined in § 602 of the Individuals with Disabilities Education Act (20 USC § 1401); (ii) a child who is eligible for early intervention services under Part C of the Individuals with Disabilities Education Act (20 USC § 1431 et seq.); (iii) a child who is younger than 13 years of age and who is eligible for services under § 504 of the Rehabilitation Act of 1973 (29 USC § 794); and (iv) a child with a documented developmental disability, intellectual disability, emotional disturbance, sensory or motor impairment, or significant chronic illness who requires special health surveillance or specialized programs, interventions, technologies, or facilities.

"Conditional eligibility" means an eligibility approval for (i) families with a child experiencing homelessness or (ii) families under job search, not to exceed 90 days, in order to obtain required documentation needed to complete a final eligibility determination.

"Copayment" means the amount paid to the provider by the parent to contribute toward the cost of child care. Such amount shall be established by the department in accordance with the current Child Care and Development Fund Plan for Virginia, approved by the U.S. Department of Health and Human Services. Copayments do not include charges above the maximum reimbursable rate, or charges for registration, activities, or transportation.

"Department" means the Virginia Department of Education.

"Exit eligibility limit" means the maximum gross countable income amount that a family can receive to be considered income eligible at redetermination. Such amount shall be established by the department in the current Child Care and Development Plan for Virginia approved by the U.S. Department of Health and Human Services.

"Family" means any adult or emancipated minor and children related by blood, marriage, adoption, or an expression of kinship who function as a family unit.

"Federal poverty guidelines" means the income levels by family size, determined by the U.S. Department of Health and Human Services, used as guidelines in determining at what level families in the country are living in poverty.

"Fee" means a charge for a service and may include copayments, charges above the maximum reimbursable rate, or charges for registration, activities, or transportation.

"Fee Program" means a category in the child care subsidy program that assists low income, non-TANF families with child care services.

"Fiscal year" means the local department financial calendar that begins in June of each calendar year and runs through May of the following calendar year.

"Graduated phase out" means the period of time for child care subsidy and services to continue as determined by the local department at redetermination for recipients whose income exceeds the initial eligibility limit but is below the exit eligibility limit.

"Head Start" means the comprehensive federal child development programs that serve children from birth through five years of age, pregnant women, and their families (as established by the Head Start Act (42 USC § 9801)).

"Income eligible" means that eligibility for assistance under the Child Care Subsidy Program is based on income and family size.

"In-home" means child care provided in the home in which all of the children in care reside and in which the provider does not reside.

"Initial eligibility limit" means the maximum gross countable income amount that a family can receive to be considered income eligible. Such amount shall be established by the department in the current Child Care and Development Plan for Virginia approved by the U.S. Department of Health and Human Services.

"Intentional program violation" or "IPV" means any action by an individual for the purpose of establishing or maintaining the family's eligibility for assistance under the Child Care Subsidy Program or for increasing or preventing a reduction in the amount of the assistance by (i) intentionally giving a false or misleading statement or misrepresenting, concealing, or withholding facts or (ii) any act intended to mislead, to misrepresent, conceal, or withhold facts, or to propound a falsity.

"Level one provider" means a child care provider that is not licensed by the department or is not approved (i) by a licensed family day home-based child care system, (ii) under a local ordinance in accordance with §§ 15.2-741 and 15.2-914 of the Code of Virginia, or (iii) by the federal government.

"Level two provider" means a child care provider that is licensed by the department or is approved (i) by a licensed family day home-based child care system, (ii) under local ordinance in accordance with §§ 15.2-741 and 15.2-914 of the Code of Virginia, or (iii) by the federal government.

"Local department" means the local department of social services of any county or city in the Commonwealth.

"Maximum reimbursable rate" means the maximum rate paid for child care services through the subsidy program that is established by the department and set out in the current Child Care and Development Fund Plan for Virginia filed with the U.S. Department of Health and Human Services.

"Need for child care" means the parents meet the income eligibility and employment or education requirements set forth in this chapter and require child care services for part of the day.

"Nonfraud overpayment" means an overpayment that is the result of a local department error or an inadvertent household or provider error.

"Parent" means the adult or emancipated minor, as defined in § 16.1-334 of the Code of Virginia, who acts as the primary caretaker or guardian of a child, including an individual acting in loco parentis. A parent may be by blood, marriage, or adoption and also means a legal guardian, person cohabiting with the natural or adoptive parent of a minor child, or other person standing in loco parentis.

"Provider" or "child care provider" means a person, entity, or organization providing child care services.

"Resource and referral" means services that provide information to parents to assist them in choosing a child care provider and may include assessment of the family's child care needs, collection and maintenance of information about child care needs in the community, and efforts to improve the quality and increase the supply of child care.

"Service plan" means the written, mutually agreed upon activities and responsibilities between the local department and the parent in the provision of assistance for child care services under the Child Care Subsidy Program.

"Superintendent" means Superintendent of Public Instruction or the superintendent's designee.

"Supplemental Nutrition Assistance Program" or "SNAP" means the program administered by the U.S. Department of Agriculture to reduce hunger and increase food security.

"Supplemental Nutrition Assistance Program Employment and Training" or "SNAPET" means the program that provides job search, job search training, education, training, and work experience to nonpublic assistance SNAP recipients.

"TANF assistance unit" means a household composed of an individual or individuals who meet all categorical requirements and conditions of eligibility for TANF.

"TANF capped child" means a child who the TANF worker has determined ineligible for inclusion in the TANF assistance unit because the child was born more than 10 full months after the mother's initial TANF payment was issued.

"Temporary Assistance for Needy Families" or "TANF" means the program authorized in § 406 of the Social Security Act (42 USC § 606) and administered by the department through which a relative can receive monthly cash assistance for the support of the relative's eligible children.

"Transitional child care" means the program that provides child care subsidy assistance to eligible former TANF recipients after the TANF case closes.

"Vendor" means a legally operating child care provider who is approved by the department to participate in the Child Care Subsidy Program. Multiple facilities or sites operated by the same person, entity, or organization are considered separate vendors.

"Vendor agreement" means the agreement between the department and a child care vendor that must be entered into and signed before child care payments under the Child Care Subsidy Program can be authorized.

"Virginia Initiative for Education and Work" or "VIEW" means the program of employment opportunities to assist individuals receiving Temporary Assistance for Needy Families in attaining the goal of self-sufficiency as implemented in the Commonwealth of Virginia.

A. For an applicant to be eligible for child care subsidy and services, the applicant must have a child who, at the time of eligibility determination or redetermination:

1. Is younger than 13 years of age or is younger than the age of 18 years and physically or mentally unable to care for himself, or under court supervision;

2. Is a citizen or legal resident of the United States;

3. Is immunized according to requirements of the State Board of Health; however, families of a child experiencing homelessness that cannot provide documentation of their child's immunizations may be conditionally approved for services for a period not to exceed 90 days;

4. Is not eligible to attend public school during the part of the day when public education is available unless there is a documented reason for the child to be out of school;

5. Resides with the applicant or recipient for services;

6. Resides in the locality where application or redetermination for services is made;

7. Resides with a family whose income does not exceed the income limits established by the department in the current Child Care and Development Fund Plan for Virginia approved by the U.S. Department of Health and Human Services;

8. Resides with a family whose family assets do not exceed $1 million in value, as certified by the applicant; and

9. Resides with a family in which there is a need for child care services, arising from one of the following situations:

a. In a two-parent household, there must be a documented reason why one of the parents cannot provide the needed child care.

b. Parents who need child care to support the following approved activities:

(1) Employment or employment search;

(2) Education or training leading to employment;

(3) Child protective services; or

(4) Assigned VIEW or SNAPET activity.

B. At the option of the local department, a child born to a family 10 months or more after the initial date of approval for the Fee Program may receive child care services or be placed on the local department waiting list.

C. A child of an owner or operator of a family day home home-based child care program shall not be eligible to receive a child care subsidy if that child will be cared for in the home of the owner or operator.

A. Maximum reimbursable rates.

1. The department will establish maximum reimbursable rates for child care subsidies for all localities in the state by type of care, level of regulatory oversight, age of child, and unit of service. Such rates shall be available in Appendices F and G of the Child Care Subsidy Program Guidance Manual on the department's website.

2. For children with special needs or disability, payment over the maximum reimbursable rate is allowed when this is appropriate as determined and documented by the local department. The maximum reimbursable rate for children with special needs may not exceed twice the rate for care of children who do not have special needs.

3. Vendors will be paid based on the cost methodology developed by the department in its Child Care Cost Estimation Report.

4. Parents who choose a vendor that charges a rate higher than the maximum reimbursable rate set by the department shall be responsible for payment of the additional amount, if charged by the vendor, unless the local department elects to pay the additional amount out of local funds.

B. For in-home child care, the payment rate must be at least minimum wage, but not more than the maximum reimbursable rate for the number of children in care.

C. A single annual registration fee, if charged, will be paid to level two vendors only. The registration fee must not exceed $100 nor be higher than the fee the vendor charges the general public. If the requirement for payment of another registration fee is beyond the control of the recipient or due to extenuating circumstances, an additional registration fee may be paid. The cost of transportation services provided by the vendor, if any, shall be included in the total cost of care. The total cost of care, excluding the single annual registration fee but including other fees and transportation, must not exceed the maximum reimbursable rate.

D. Providers may be paid up to 15 days of planned closure for holidays, vacations, and professional development or planning time on which no child care services are provided as identified in the vendor agreement.

E. The department shall issue payments to Child Care Subsidy Program vendors for authorized enrollment, subject to the attendance threshold established by the department.

F. Family day home Home-based child care providers in the Child Care Subsidy Program may be paid for up to three sick days to care for themselves or a family member.

G. Child Care Subsidy Program vendor payment rates for infants and toddlers shall fully reflect the cost of care.

The following words and terms when used in this part shall have the following meanings unless the context clearly indicates otherwise:

"Accessible" means capable of being entered, reached, or used.

"Adult" means any individual 18 years of age or older.

"Age and stage appropriate" means the curriculum, environment, equipment, and adult-child interactions are suitable for the ages of the children within a group and the individual needs of any child.

"Assistant" means an individual who helps the provider in the care, protection, supervision, and guidance to children in the home.

"Attendance" means the actual presence of an enrolled child.

"Body fluids" means urine, feces, vomit, saliva, blood, nasal discharge, eye discharge, and injury or tissue discharge.

"Caregiver" means an individual who provides care, protection, supervision, and guidance to children in the home and includes the provider and assistant.

"Child" means any individual less than 18 years of age.

"Child experiencing homelessness" means a child who lacks a fixed, regular, and adequate nighttime residence and includes:

1. A child who is living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar settings;

2. A child who is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as "doubled-up");

3. A child who is living in a motel, hotel, trailer park, or camping grounds due to lack of alternative adequate accommodations;

4. A child who is living in congregate, temporary, emergency, or transitional shelters;

5. A child who is abandoned in a hospital;

6. A child who is living in a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; and

7. A child who is a migratory child as defined in § 1309 of the Elementary and Secondary Education Act of 1965, P.L. No. 89-10 (20 USC § 6399) who qualifies as homeless because he is living in circumstances described in clauses (i) through (iii) of 42 U.S.C. § 11434a(2)(B).

"Child with special needs or disability" means (i) a child with a disability as defined in § 602 of the Individuals with Disabilities Education Act (20 USC § 1401); (ii) a child who is eligible for early intervention services under Part C of the Individuals with Disabilities Education Act (20 USC § 1431 et seq.); (iii) a child who is less than 13 years of age and who is eligible for services under § 504 of the Rehabilitation Act of 1973 (29 USC § 794); and (iv) a child with a documented developmental disability, intellectual disability, emotional disturbance, sensory or motor impairment, or significant chronic illness who requires special health surveillance or specialized programs, interventions, technologies, or facilities.

"Cleaned" means treated in such a way as to remove dirt and debris by scrubbing and washing with soap and water or detergent solution and rinsing with water or the use of an abrasive cleaner on inanimate surfaces.

"Communicable disease" means a disease caused by a microorganism (bacterium, virus, fungus, or parasite) that can be transmitted from person to person via an infected body fluid or respiratory spray, with or without an intermediary agent (such as a louse or mosquito) or environmental object (such as a table surface). Some communicable diseases are reportable to the local health authority.

"Department" means the Virginia Department of Education.

"Department representative" means an employee or designee of the Virginia Department of Education, acting as the authorized agent of the Superintendent of Public Instruction.

"Evacuation" means movement of occupants out of the building to a safe area near the building.

"Evening care" means care provided after 7 p.m. but not through the night.

"Family day home" means a child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children less than 13 years of age, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation.

"Home-based child care" means a child day program offered in the residence of the provider or the home of any of the child in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of licensed or registered home-based child care shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. Home-based child care in which five through 12 children are served, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no more than four children under the age of two shall be served in home-based care, including the provider's own children and any children who reside in the home, unless the home-based child care is licensed or voluntarily registered. However, home-based child care where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.

"Inaccessible" means not capable of being entered, reached, or used.

"Infant" means a child from birth to 16 months of age.

"Lockdown" means a situation where children are isolated from a security threat, and access within and to the home is restricted.

"Overnight care" means care provided after 7 p.m. and through the night.

"Over-the-counter or nonprescription medication" means medication that can be purchased without a written prescription. This includes herbal remedies and vitamin and mineral supplements.

"Parent" means a parent by blood, marriage, or adoption and also means a legal guardian or other person standing in loco parentis.

"Preschool" means a child from two years up to the age of eligibility to attend public school, age five years by September 30 of that same year.

"Provider" means a person, entity, or organization providing child care services.

"Residence" means the principal legal dwelling that is occupied for living purposes by the provider or a child in care and contains the facilities necessary for sleeping, eating, cooking, and family living.

"Sanitized" means treated in such a way as to remove bacteria and viruses from inanimate surfaces through first cleaning and secondly using a solution of one tablespoon of bleach mixed with one gallon of water and prepared fresh daily or using a sanitizing solution approved by the U.S. Environmental Protection Agency. The surface of the item is sprayed or dipped into the sanitizing solution and then allowed to air dry for a minimum of two minutes or according to the sanitizing solution instructions.

"School age" means eligible to attend public school, age five years or older by September 30 of that same year.

"Serious injury" means a wound or other specific damage to the body, such as unconsciousness; broken bones; dislocation; a deep cut requiring stitches; poisoning; concussion; or a foreign object lodged in eye, nose, ear, or other body orifice.

"Shaken baby syndrome" or "abusive head trauma" means a traumatic injury that has been inflicted upon the brain of an infant or young child. The injury can occur during violent shaking causing the child's head to whip back and forth, the brain to move about, and blood vessels in the skull to stretch and tear.

"Shelter-in-place" means movement of occupants of the building to designated protected spaces within the building.

"Toddler" means a child from 16 months of age up to 24 months of age.

"Vendor" means a legally operating child care provider who is approved by the department to participate in the Child Care Subsidy Program. Multiple facilities or sites operated by the same person, entity, or organization are considered separate vendors.

"Vendor agreement" means the agreement between the department and a vendor that must be entered into and signed before child care payments paid to the vendor under the Child Care Subsidy Program can be authorized.

"Volunteer" means a person who works at the family day home home-based child care program and:

1. Is not paid for services provided in the family day home home-based child care program;

2. Is not counted in the caregiver-to-children ratios; and

3. Is in sight and sound supervision of a caregiver when working with a child.

Any unpaid person not meeting this definition shall be considered a "caregiver" and shall meet caregiver requirements.

The standards in this part apply to family day homes home-based child care providers that participate in the Child Care Subsidy Program as a vendor. The purpose of these standards is to protect children who are less than the age of 13 years, less than the age of 18 years and physically or mentally unable to care for themselves, or under court supervision, and who are separated from their parents during part of the day by:

1. Ensuring that the activities, services, and facilities of family day homes home-based child care programs participating in the Child Care Subsidy Program are conducive to the well-being of children; and

2. Reducing risks to the health and safety of such children in the child care environment.

A. The vendor shall ensure compliance with the standards in this part, the terms of the vendor agreement, and all relevant federal, state, or local laws and regulations.

B. The vendor shall ensure compliance with any of its own policies that have been disclosed to the parents of an enrolled child.

C. The vendor shall ensure that the applicant, household member, and any caregiver who is or will be involved in the day-to-day operations of the family day home home-based child care program or is or will be alone with, in control of, or supervising one or more of the children shall (i) undergo a background check in accordance with § 22.1-289.040 of the Code of Virginia; (ii) shall not have been convicted of a barrier crime as defined in § 19.2-392.02 of the Code of Virginia; and (iii) is not the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.

D. The vendor shall ensure that the family day home home-based child care program does not exceed the capacity of children cared for as allowed by law or regulation.

E. When at least one child receives care for compensation, all children who are in care and supervision count in the capacity of children being cared for. When children 13 years or older are enrolled in the program and receive supervision in the program, they shall be counted in the number of children receiving care and the vendor shall comply with the standards in this part for these children.

F. The vendor shall inform all caregivers of children's allergies, sensitivities, and dietary restrictions.

G. The vendor shall maintain, in a way that is accessible to all caregivers, a current written list of all children's allergies, sensitivities, and dietary restrictions. This list shall be dated and kept confidential.

A. Vendors shall maintain, and keep at the family day home home-based child care, written or electronic information for each enrolled child, which shall be made available to the department's representative upon request.

B. The child's information shall include the following:

1. Child's full name, nickname (if any), sex, address, and birthdate;

2. Proof of the child's identity;

3. Name, home address, and telephone number for each parent who has custody;

4. Name, address, and telephone number for each custodial parent's place of employment or school attendance, if applicable;

5. Name, address, and telephone number of at least one person designated by the parent to contact in case of an emergency if the parent cannot be reached;

6. If applicable, information on allergies, including food allergies, intolerances to food, medication, or other substances, and actions to be taken in an emergency situation; information on other physical problems; pertinent developmental information; and any special accommodations needed;

7. Names of persons other than the custodial parent who are authorized to pick up the child;

8. Immunization records for the child received on or before the child's first day of attendance, except that children experiencing homelessness may provide such records within 90 days of enrollment;

9. Written authorization for emergency medical care should an emergency occur and the parent cannot be located immediately unless the parent presents a written objection for the provision of medical treatment on religious or other grounds;

10. Written authorization to administer prescription or nonprescription medications if the vendor agrees to administer medication;

11. Special care instructions, including recommendations for the care and activities of a child with special needs, exception to infant being fed on demand, etc.;

12. A written care plan for each child with a diagnosed food allergy, to include instructions from a physician regarding the food to which the child is allergic and the steps to be taken in the event of a suspected or confirmed allergic reaction;

13. Record of any accidents or injuries sustained by the child while in care;

14. Permission to transport child if the vendor provides transportation;

15. Permission for field trips;

16. Permission for swimming or wading activities to include a parent's statement of the child's swimming ability, if applicable;

17. A written statement that the vendor will notify the parent when the child becomes ill and that the parent will arrange to have the child picked up as soon as possible if so requested by the vendor;

18. Any written agreements between the parent and the vendor; and

19. Documentation of the enrollment of a child experiencing homelessness enrolled under provisions of 8VAC20-790-230 A 2.

A. Before a child may attend the family day home home-based child care program, the vendor shall obtain documentation that the child has been immunized according to the requirements of subsection A of § 32.1-46 of the Code of Virginia and applicable State Board of Health regulations.

1. The vendor may allow a child to attend contingent upon a conditional enrollment. Documentation related to the child's conditional enrollment shall be maintained in the child's record. A conditional enrollment means the enrollment of a child for a period of 90 days contingent upon the child having received at least one dose of each of the required vaccines and the child possessing a plan from a physician or local health department for completing his immunization requirements within the ensuing 90 calendar days. If the child requires more than two doses of the hepatitis B vaccine, the conditional enrollment period, for hepatitis B vaccine only, shall be 180 calendar days.

2. If a child is experiencing homelessness and does not have documentation of the required immunizations, the vendor may allow the child to attend during a grace period of no more than 90 days to allow the parent or guardian time to obtain documentation of required immunizations.

B. The vendor shall obtain documentation of additional immunizations once every six months for children less than the age of two years.

C. Pursuant to subsection C of § 22.1-271.2 of the Code of Virginia and 12VAC5-110-110, documentation of immunizations is not required for any child whose:

1. Parent submits an affidavit to the vendor on the current form approved by the Virginia Department of Health stating that the administration of immunizing agents conflicts with the parent's or child's religious tenets or practices; or

2. Physician or a local health department states on a Department of Health-approved form that one or more of the required immunizations may be detrimental to the child's health, indicating the specific nature and probable duration of the medical condition or circumstance that contraindicates immunization.

A. Prior to approval as a subsidy vendor, the perspective vendor shall complete Virginia Preservice Training for Child Care Staff sponsored by the Department of Education, which shall include the following topics and training modules:

1. Building and physical premises safety;

2. Emergency preparedness and response planning;

3. Prevention of sudden infant death syndrome (SIDS) and safe sleep practices;

4. Administration of medication, consistent with standards of parental consent;

5. Prevention of shaken baby syndrome and abusive head trauma (AHT);

6. Prevention of and response to emergencies due to food and allergic reactions;

7. Recognizing child abuse and neglect and reporting responsibilities;

8. Preventing the spread of disease, including immunization requirements;

9. Handling and storage of hazardous materials and appropriate disposal of diapers and other items contaminated by body fluids;

10. Transportation;

11. Foundations of child development;

12. Inclusion: Exploring the meaning and the mindset;

13. Oral health; and

14. Introduction to the Child Care Subsidy Program.

B. Within the first 90 days of employment or service all caregivers shall complete Virginia Preservice Training for Child Care Staff sponsored by the Department of Education, which shall include training on the following topics and training modules:

1. Building and physical premises safety;

2. Emergency preparedness and response planning;

3. Prevention of sudden infant death syndrome (SIDS) and safe sleep practices;

4. Administration of medication, consistent with standards of parental consent;

5. Prevention of shaken baby syndrome and abusive head trauma (AHT);

6. Prevention of and response to emergencies due to food and allergic reactions;

7. Recognizing child abuse and neglect and reporting responsibilities;

8. Preventing the spread of disease, including immunization requirements;

9. Handling and storage of hazardous materials and appropriate disposal of diapers and other items contaminated by body fluids;

10. Transportation;

11. Foundations of child development;

12. Inclusion: Exploring the meaning and the mindset;

13. Oral health; and

14. Introduction to the Child Care Subsidy Program.

C. Orientation training for caregivers shall be completed on the following specific topics prior to the caregiver working alone with children and within seven days of the date of employment or the date of subsidy vendor approval:

1. Playground safety procedures;

2. Responsibilities for reporting suspected child abuse or neglect;

3. Confidentiality;

4. Supervision of children, including arrival and dismissal procedures;

5. Procedures for action in the case of lost or missing children, ill or injured children, medical and general emergencies;

6. Medication administration procedures, if applicable;

7. Emergency preparedness plan as required in 8VAC20-790-420 B;

8. Procedures for response to natural and man-made disasters;

9. Prevention of shaken baby syndrome or abusive head trauma including coping with crying babies and fussy or distraught children;

10. Prevention of sudden infant death syndrome and use of safe sleeping practices;

11. Caregivers who work with children who have food allergies shall receive training in preventing exposure to foods to which the child is allergic, preventing cross contamination and recognizing and responding to any allergic reactions; and

12. Transportation.

D. All caregivers shall have within 90 days of employment or 90 days from subsidy vendor approval:

1. Current certification in cardiopulmonary resuscitation (CPR) appropriate to the ages of children in care. The training shall include an in-person competency demonstration; and

2. Current certification in first aid appropriate to the ages of children in care. However, a caregiver who is a registered nurse or licensed practical nurse with a current license from the Board of Nursing shall not be required to obtain first aid certification.

During the 90-day period, there must always be at least one caregiver with current cardiopulmonary and first aid training present during operating hours of the family day home home-based child care.

E. CPR and first aid training may count toward the annual training hours required in subsection H of this section if documentation for training as required in subdivision 5 of 8VAC20-790-200 is maintained.

F. Caregivers who work directly with children shall, in addition to preservice and orientation training required in subsections A through D of this section, annually attend at least 16 hours of training, to include the department's health and safety update course. This training shall be related to child safety, child development, health and safety in the family day home home-based child care environment, and any required department sponsored training.

G. To safely perform medication administration practices, whenever a vendor agrees to administer prescribed medications, the (i) administration shall be performed by a caregiver who has satisfactorily completed a training program for this purpose developed by the Board of Nursing and taught by a registered nurse, licensed practical nurse, nurse practitioner, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist or (ii) administration shall be performed by a caregiver who is licensed by the Commonwealth of Virginia to administer medications.

The vendor may determine by policy what medications, if any, will be administered at its family day home home-based child care program, including prescription medications or over-the-counter or nonprescription medications.

H. Caregivers required to have the training required in subsection I of this section shall be retrained at three-year intervals.

A. Areas and equipment of the family day home home-based child care program, inside and outside, shall be maintained in a clean, safe, and operable condition. Unsafe conditions shall include splintered, cracked, or otherwise deteriorating wood; chipped or peeling paint; visible cracks, bending or warping, rusting, or breakage of any equipment; head entrapment hazards; protruding nails, bolts, or other components that entangle clothing or skin; the presence of poisonous plants; tripping hazards; and unstable heavy equipment, furniture, or other items that a child could pull down on himself.

B. Inside areas occupied by children shall be maintained no lower than 65°F and shall not exceed 80°F unless fans or other cooling systems are in use.

C. In areas used by children of preschool age or younger, the following shall apply:

1. Fans, when used shall be out of reach of children, and cords shall be secured so as not to create a hazard.

2. Electrical outlets shall have protective covers that are of a size that cannot be swallowed by children.

D. Sharp kitchen utensils and other sharp objects shall be inaccessible to children unless being used by the caregiver or with children under close supervision.

E. The home shall have an in-service, nonpay telephone.

F. No equipment, materials, or furnishings shall be used if recalled or identified by the U.S. Consumer Product Safety Commission as being hazardous.

G. Radiators, oil and wood burning stoves, floor furnaces, fireplaces, portable electric heaters, and similar heating devices located in areas accessible to children shall have barriers or screens and be located at least three feet from combustible materials.

H. Unvented fuel burning heaters, such as portable oil-burning (kerosene) heaters; portable, unvented liquid or gas fueled heaters; and unvented fireplaces, shall not be used when children are in care.

I. Wood burning stoves and fireplaces and associated chimneys, if used, shall be inspected annually by a knowledgeable inspector to verify that the devices are properly installed, maintained, and cleaned as needed. Documentation of the inspection and cleaning shall be maintained by the vendor.

J. All flammable and combustible materials, including matches, lighters, lighter fluid, kerosene, turpentine, oil and grease products, aerosol cans, and alcohol, shall be stored in an area inaccessible to children.

K. Stairs shall not be accessible to children less than two years of age and children older than two years of age who are not developmentally ready to climb or descend stairs without supervision.

L. Stairs with three or more risers that do not have protective barriers or guardrails on each side shall not be accessible to children over the age of two years.

M. Decks, porches, lofts, or balconies that do not have protective barriers or guardrails shall not be accessible to children.

N. Windows and doors used for ventilation shall be securely screened.

O. Machinery in operation, such as lawnmowers and power tools shall be inaccessible to the children in care.

A. A caregiver shall be physically present on site and provide direct care and supervision of each child at all times. Direct care and supervision of each child includes:

1. Awareness of and responsibility for each child in care, including being near enough to intervene if needed; and

2. Monitoring of each sleeping infant in one of the following ways:

a. By placing each infant for sleep in a location where the infant is within sight and hearing of a caregiver;

b. By in-person observation of each sleeping infant at least once every 15 minutes; or

c. By using a baby monitor.

B. Caregivers shall actively supervise each child during outdoor play to minimize the risk of injury to a child.

C. A caregiver may allow only school age children to play outdoors while the caregiver is indoors if the caregiver can hear the children playing outdoors.

D. No child less than five years of age or a child older than five years who lacks the motor skills and strength to avoid accidental drowning, scalding, or falling while bathing shall be left unattended while in the bathtub.

E. An additional caregiver will be needed to supervise the number of children at a given time when, using the following point system, 16 points is exceeded:

1. Children from birth through 15 months of age count as four points each;

2. Children from 16 months through 23 months of age count as three points each;

3. Children from two years through four years of age count as two points each;

4. Children from five years through nine years of age count as one point each; and

5. Children who are 10 years of age and older count as zero points.

F. A vendor's own children and resident children under eight years of age shall count in point calculations.

G. In accordance with § 22.1-289.02 of the Code of Virginia, no family day home home-based child care provider shall care for more than four children less than the age of two years, including the provider's own children and any children who reside in the home, unless the family day home home-based child care provider is licensed or voluntarily registered.

A. Access to the water in aboveground swimming pools shall be prevented by locking and securing the ladder in place or storing the ladder in a place inaccessible to children.

B. A nonclimbable barrier at least four feet high such as, but not limited to, a fence or impenetrable hedge shall surround outdoor play areas located within 30 feet of drowning hazards such as, but not limited to, inground swimming or wading pools, ponds, or fountains not enclosed by safety fences.

C. Portable wading pools without integral filter systems shall:

1. Be emptied after use by each group of children, rinsed, and filled with clean water, or more frequently as necessary; and

2. When not in use during the vendor's hours of operation, be emptied, sanitized, and stored in a position to keep them clean and dry.

D. Portable wading pools shall not be used by children who are not toilet trained.

E. Hot tubs, spas, and whirlpools shall:

1. Not be used by children in care, and

2. Covered with safety covers while children are in care.

F. The level of supervision by caregivers required and the point system as outlined in 8VAC20-790-300 shall be maintained while the children are participating in swimming or wading activities.

G. Caregivers shall have a system for accounting for all children in the water.

H. Outdoor swimming activities shall occur only during daylight hours.

I. When one or more children are in water that is more than two feet deep in a pool, lake, or other swimming area on or off the premises of the family day home home-based child care:

1. A minimum of least two caregivers shall be present and able to supervise the children; and

2. An individual currently certified in basic water rescue, community water safety, water safety instruction, or lifeguarding shall be on duty supervising the children participating in swimming or wading activities at all times.

A. The caregiver shall notify the parent immediately if a child is lost, requires emergency medical treatment, sustains a serious injury, or dies.

B. The caregiver shall notify the parent by the end of the day of any known minor injuries.

C. The caregiver shall maintain a written record of children's serious and minor injuries in which entries are made the day of occurrence. The record shall include the following:

1. Date and time of injury;

2. Name of injured child;

3. Type and circumstance of the injury;

4. Caregiver present and treatment;

5. Date and time when parents were notified; and

6. Caregiver and parent signatures.

D. Parents shall be notified immediately of any confirmed or suspected allergic reactions and the ingestion of any food identified in the written care plan required in 8VAC20-790-190 B 12 even if a reaction did not occur.

E. Parents shall be informed of the vendor's emergency preparedness plan.

F. Caregivers shall promptly inform parents when persistent behavioral problems are observed and identified.

G. Caregivers shall provide information weekly to parents about the child's health, development, behavior, adjustment, or needs.

H. Parents shall be informed of the reason for a child's termination from care.

I. A custodial parent shall be admitted to any child day program. Such right of admission shall apply only while the child is in the care of the vendor, pursuant to § 22.1-289.054 of the Code of Virginia.

J. When children at the family day home home-based child care program have been exposed to a communicable disease listed in the Department of Health's current communicable disease chart, the parents shall be notified within 24 hours or the next business day of the vendor's having been informed unless forbidden by law. Children's exposure to life threatening diseases shall be reported to parents immediately.

A. A child shall not be allowed to attend the family day home home-based child care program for the day if he has:

1. A temperature over 101°F;

2. Recurrent vomiting or diarrhea; or

3. Symptoms of a communicable disease.

B. If all children in care are from a single family unit, the caregiver may choose not to exclude a child who is ill.

C. If a child needs to be excluded according to subsection A of this section, the following shall apply:

1. Arrangements shall be made for the child to leave the family day home home-based child care program as soon as possible after the signs or symptoms are observed; and

2. The child shall remain in a designated quiet area until leaving the family day home home-based child care program.

D. When any surface has been contaminated with body fluids, it shall be cleaned and sanitized.

A. The following emergency supplies shall be in the family day home home-based child care, accessible to outdoor play areas, on field trips, in vehicles used for transportation, and wherever children are in care:

1. A first aid kit that contains at a minimum:

a. Scissors;

b. Tweezers;

c. Gauze pads;

d. Adhesive tape;

e. Bandages, assorted types and sizes;

f. An antiseptic cleansing solution and pads;

g. Digital thermometer; and

h. Single-use gloves such as surgical or examination gloves.

2. An ice pack or cooling agent.

B. The following nonmedical emergency supplies shall be required:

1. One working, battery-operated flashlight; and

2. One working, battery-operated radio.

A. The vendor shall have a written emergency preparedness plan that addresses caregiver responsibility and home readiness with respect to emergency evacuation, relocation, lockdown, and shelter-in-place procedures. The plan shall address the most likely to occur emergency scenarios, including fire, severe storms, flooding, tornadoes, loss of utilities, earthquakes, intruders, violence on or near the premises, chemical spills, and facility damage or other situations that may require evacuation, lockdown, or shelter-in-place.

B. The emergency preparedness plan shall contain procedural components for:

1. Sounding of alarms (evacuation, intruder, shelter-in-place such as for tornado or chemical hazard);

2. Emergency communication to include:

a. Notification of local authorities (fire and rescue, law enforcement, emergency medical services, poison control, health department, etc.), parents, and local media; and

b. Availability and primary use of communication equipment;

3. Evacuation and relocation procedures, including:

a. Assembly points, designated relocation site, head counts, primary and secondary means of egress, and complete evacuation of the buildings;

b. Accommodations or special requirements for infants, toddlers, and children with special needs to ensure their safety during evacuation or relocation;

c. Securing of essential documents (attendance record, parent contact information, etc.) and special health care supplies to be carried off site on immediate notice;

d. Method of communication after the evacuation; and

e. Procedure to reunite children with a parent or authorized person designated by the parent to pick up the child;

4. Shelter-in-place, including:

a. Scenario applicability, inside assembly points, head counts, and primary and secondary means of access and egress;

b. Accommodations or special requirements for infants, toddlers, and children with special needs to ensure their safety during evacuation or relocation;

c. Securing essential documents (attendance record, parent contact information, etc.) and special health supplies to be carried into the designated assembly points;

d. Method of communication after the shelter-in-place; and

e. Procedure to reunite children with a parent or authorized person designated by the parent to pick up the child;

5. Lockdown procedures, including:

a. Methods to alert caregivers and emergency responders;

b. Methods to secure the family day home home-based child care and designated lockdown locations;

c. Methods to account for all children in the lockdown locations;

d. Methods of communication with parents and emergency responders;

e. Accommodations or special requirements for infants, toddlers, and children with special needs to ensure their safety during lockdown; and

f. Procedure to reunite children with a parent or authorized person designated by the parent to pick up the child;

6. Caregiver training requirements, drill frequency, and plan review and update; and

7. Continuity of operations procedures to ensure that essential functions are maintained during an emergency.

C. A 911 or local dial number for police, fire, and emergency medical services and the number of the regional poison control center shall be posted in a visible and conspicuous place.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Accessible" means capable of being entered, reached, or used.

"Adult" means any individual 18 years of age or older.

"Age-appropriate" means suitable to the chronological age and individual needs of a child.

"Assistant" means an individual who helps the provider or substitute provider in the care, protection, supervision, and guidance to children in the home.

"Body fluids" means urine, feces, vomit, blood, saliva, nasal discharge, and tissue discharge.

"Caregiver" means an individual who provides care, protection, supervision, and guidance to children in the home and includes the provider, substitute provider, and assistant.

"Child" means an individual under 18 years of age.

"Child day program" means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a 24-hour period.

"Child with special needs" means a child with developmental disabilities, intellectual disabilities, emotional disturbance, sensory or motor impairment, or significant chronic illness who requires special health surveillance or specialized programs, interventions, technologies, or facilities.

"Cleaned" means treated in such a way as to remove dirt and debris by scrubbing and washing with soap and water or detergent solution and rinsing with water.

"Department" means the Virginia Department of Education.

"Department's representative" means an employee or designee of the Virginia Department of Education, acting as the authorized agent of the superintendent.

"Evacuation" means movement of occupants out of the building to a safe area near the building.

"Family day home" means a child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. A family day home serving five through 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. A family day home caring for more than four children under the age of two years, including the provider's own children and any children who reside in the home, shall be licensed or voluntarily registered. A family day home where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.

"Good character and reputation" means knowledgeable and objective people agree that the individual (i) maintains business, professional, family, and community relationships that are characterized by honesty, fairness, and truthfulness; and (ii) demonstrates a concern for the well-being of others to the extent that the individual is considered suitable to be entrusted with the care, guidance, and protection of children. Relatives by blood or marriage, and people who are not knowledgeable of the individual, such as recent acquaintances, shall not be considered objective references.

"High school program completion or the equivalent" means an individual has earned a high school diploma or General Education Development (G.E.D.) certificate, or has completed a program of home instruction equivalent to high school completion.

"Home-based child care" means a child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of licensed or registered home-based child care shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. Home-based child care in which five through 12 children are served, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no more than four children under the age of two shall be served in home-based child care, including the provider's own children and any children who reside in the home, unless the home-based child care is licensed or voluntarily registered. However, home-based child care where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.

"Inaccessible" means not capable of being entered, reached, or used.

"Infant" means a child from birth up to 16 months of age.

"Nighttime care" means care provided between 7 p.m. and 6 a.m.

"Parent" means the biological, foster or adoptive parent, legal guardian, or any individual with responsibility for or custody of a child enrolled in or in the process of being enrolled in a family day home home-based child care program.

"Physician" means an individual licensed to practice medicine in any of the 50 states or the District of Columbia.

"Preschool" means children from two years up to the age of eligibility to attend public school, age five by September 30 of that same year.

"Programmatic experience" means time spent working directly with children in a group that is located away from the child's home. Work time shall be computed on the basis of full-time work experience during the period prescribed or equivalent work time over a longer period. Experience settings may include, but not be limited to, a child day program, family day home home-based child care, child day center, boys and girls club, field placement, elementary school, or a faith-based organization.

"Provider" means an individual who is issued the family day home home-based child care license by the Department of Education and who has primary responsibility in providing care, protection, supervision, and guidance of children in the family home.

"Relocation" means movement of occupants of the building to a safe location away from the vicinity of the building.

"Residence" means principal legal dwelling or abode that is occupied for living purposes by the provider and contains the facilities necessary for sleeping, eating, cooking, and family living.

"Sanitized" means treated in such a way as to remove bacteria and viruses from inanimate surfaces through first cleaning and secondly using a solution of one tablespoon of bleach mixed with one gallon of water and prepared fresh daily or using a sanitizing solution approved by the U.S. Environmental Protection Agency. The surface of the item is sprayed or dipped into the sanitizing solution and then allowed to air dry.

"School age" means eligible to attend public school, age five or older by September 30 of that same year.

"Serious injury" means a wound or other specific damage to the body such as, but not limited to, unconsciousness; broken bones; dislocation; deep cut requiring stitches; poisoning; concussion; and a foreign object lodged in eye, nose, ear, or other body orifice.

"Shelter-in-place" means movement of occupants of the building to designated protected spaces within the building.

"Substitute provider" means an individual who meets the qualifications of a provider; is designated by the provider; and who provides care, protection, supervision, and guidance for children in the family day home home-based child care program when the provider is absent from the home for more than two hours.

"Superintendent" means Superintendent of Public Instruction or the superintendent's designee.

"Time out" means a discipline technique in which a child is moved for a brief time away from the stimulation and reinforcement of ongoing activities and other children in the group to allow the child who is losing self-control to regain composure.

"Toddler" means a child from 16 months of age up to 24 months of age.

A. The provider shall ensure compliance with these standards and the terms of the current license issued by the department and with relevant federal, state or local laws, and other relevant regulations.

B. The provider will ensure compliance with the home's policies that have been disclosed to the parents as required by 8VAC20-800-70.

C. The provider shall be of good character and reputation. Character and reputation investigation includes, but is not limited to, background checks as required by §§ 22.1-289.034 et seq. of the Code of Virginia.

D. The provider shall meet the requirements specified in 8VAC20-770, Background Checks for Child Day Programs and Family Day Systems 8VAC20-821, General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks.

E. The provider shall ensure that the home's activities, services, and facilities are conducive to the welfare of children in care.

F. The provider shall be responsible for the home's day-to-day operation.

G. The provider shall ensure that any advertising is not misleading or deceptive as required by § 22.1-289.027 of the Code of Virginia.

H. The provider shall meet the requirements specified in 8VAC20-820, General Procedures and Information for Licensure 8VAC20-821, General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks.

A. The family day home home-based child care provider shall keep a written record of children in attendance each day.

B. The provider's records shall be maintained in the home and made accessible to the department's representative.

C. Information contained in a child's record shall be privileged and confidential. The provider shall not distribute or release information in a child's record to any unauthorized person without the written consent of the child's parent.

D. Children's records shall be made available to a child's parent upon request, unless otherwise ordered by the court.

E. Records and reports on children, caregivers, and household members required by this chapter shall be maintained and made accessible to the department's representative for two years from the date of termination of services for a child, date of separation from employment for caregivers, or date of termination of residence for a household member, or unless specified otherwise.

A. The provider shall maintain an up-to-date record at the family day home home-based child care program for each enrolled child.

B. A child's record shall contain the following information:

1. Child's full name, nickname (if any), sex, address, and birth date;

2. Emergency contact information including:

a. Name, home address, and telephone number of each parent who has custody;

b. Name, address and telephone number of each custodial parent's place of employment;

c. Name, office address and telephone number of the child's physician;

d. Name, address and telephone number of two designated persons to contact in case of an emergency if the parent cannot be reached;

e. Information on allergies and intolerance to food, medication, or any other substances, and actions to take in an emergency situation;

f. Name and policy number of the child's medical insurance, if applicable;

g. Names of persons other than the custodial parents who are authorized to pick up the child;

h. Appropriate legal paperwork when a custodial parent does not authorize the provider to release the child to the other parent; and

i. Chronic physical problems, pertinent developmental information, and any special accommodations needed;

3. First and last dates of attendance;

4. Parent's signed acknowledgement of the receipt of the information required by 8VAC20-800-70;

5. Proof of the child's age and identity and the names and addresses of previously attended child day care and schools as required by 8VAC20-800-80;

6. Immunization records for the child as required by 8VAC20-800-90;

7. Results of the health examination for the child as required by 8VAC20-800-100;

8. Written authorization for emergency medical care should an emergency occur and the parent cannot be located immediately unless the parent presents a written objection to provision of medical treatment on religious or other grounds;

9. Written authorization if a caregiver is to administer prescription or nonprescription medication to the child as required by 8VAC20-800-700 A 2;

10. Written authorization if the child is to participate in swimming or wading activities as required by 8VAC20-800-660 B;

11. Written authorization if the child is taken off the premises of the family day home home-based child care as required by 8VAC20-800-980;

12. Special instructions to the provider including, but not limited to, exception to an infant's sleeping position as required in 8VAC20-800-590 A, recommendations for the care and activities of a child with special needs as required in 8VAC20-800-620 A, and exception to an infant's being fed on demand as required in 8VAC20-800-960 A;

13. Record of any accidents or injuries sustained by the child while at the family day home home-based child care program as required by 8VAC20-800-840; and

14. Documentation of the review of the child's emergency contact information as required by 8VAC20-800-780 B.

A. Before the child's first day of attendance, parents shall be provided in writing the following information:

1. Operating information including the hours and days of operation, holidays or other times closed, and the telephone number where a message can be left for a caregiver;

2. Schedule of fees and payment plans;

3. Check in and check out procedures;

4. Policies for the administration of medications;

5. Whether or not there is liability insurance of at least $100,000 per occurrence and $300,000 aggregate in force on the family day home home-based child care operation as required by § 22.1-289.050 of the Code of Virginia;

6. Requirement for the family day home home-based child care provider to notify the parent when the child becomes ill and for the parent to arrange to have the child picked up as soon as possible if so requested by the home;

7. Requirement for the parent to inform the family day home home-based child care within 24 hours or the next business day after his child or any member of the immediate household has developed any reportable communicable disease, as defined by the State Board of Health, except for life-threatening diseases, which must be reported immediately;

8. Requirement for the child to be adequately immunized as required by 8VAC20-800-90;

9. Requirement for paid caregivers to report suspected child abuse or neglect according to § 63.2-1509 of the Code of Virginia;

10. Custodial parent's right to be admitted to the family day home home-based child care provider any time the child is in care as required by § 22.1-289.054 of the Code of Virginia;

11. General daily schedule that is appropriate for the age of the enrolling child;

12. Policies for the provision of food;

13. Presence of a pet or animal in the home;

14. Discipline policies including acceptable and unacceptable discipline measures;

15. Amount of time per week that an adult assistant or substitute provider instead of the provider is scheduled to care for the child and the name of the adult assistant or substitute provider;

16. Provisions of the family day home's home-based child care provider's emergency preparedness and response plan;

17. Parental notifications required in 8VAC20-800-650;

18. Policies for termination of care; and

19. Address of the website of the department, with a note that a copy of this chapter and additional information about the family day home home-based child care program may be obtained from the website, including compliance history that includes information after July 1, 2003.

B. The provider shall obtain the parent's written acknowledgement of the receipt of the information in this section.

A. Within seven business days of the child's first day of attendance at the family day home home-based child care program, the provider shall obtain from the parent:

1. Verification of the identity and age of the child; and

2. Name and location of previous day care programs and schools the child has attended.

B. The provider shall verify the identity and age of a child by viewing one of the following:

1. Certified birth certificate;

2. Birth registration card;

3. Notification of birth, i.e., hospital, physician, or midwife record;

4. Passport;

5. Copy of the placement agreement or other proof of the child's identity from a child placing agency;

6. Original or copy of a record or report card from a public school in Virginia;

7. Signed statement on letterhead stationery from a public school principal or other designated official that assures the child is or was enrolled in the school; or

8. Child identification card issued by the Virginia Department of Motor Vehicles.

C. The provider shall document in the child's record:

1. The method of verification of the child's age and identity; and

2. The names and locations of the previous child care programs and schools the child has attended.

D. The provider shall notify the local law-enforcement agency if the parent does not provide the information required in 8VAC20-800-80 A within seven business days of the child's first day of attendance at the family day home home-based child care program.

E. The proof of identity, if reproduced or retained by the family day home home-based child care provider, shall be destroyed two years after termination of services to the child. The procedures for the disposal, physical destruction, or other disposition of the proof of identity containing social security numbers shall include all reasonable steps to destroy such documents by:

1. Shredding;

2. Erasing; or

3. Otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means.

A. Before a child may attend the family day home home-based child care program, the provider shall obtain documentation that the child has been adequately immunized according to the requirements of § 32.1-46 A of the Code of Virginia and applicable State Board of Health regulations.

B. Pursuant to subsection C of § 22.1-271.2 of the Code of Virginia, documentation of immunizations is not required for any child whose:

1. Parent submits an affidavit to the family day home home-based child care provider on the current form approved by the Virginia Department of Health stating that the administration of immunizing agents conflicts with the parent's or child's religious tenets or practices; or

2. Physician or a local health department states on a Department of Health-approved form that one or more of the required immunizations may be detrimental to the child's health, indicating the specific nature and probable duration of the medical condition or circumstance that contraindicates immunization.

C. The family day home home-based child care provider shall obtain documentation of additional immunizations for a child who is not exempt from the immunization requirements according to subsection B of this section:

1. Once every six months for children under the age of two years; and

2. Once between each child's fourth and sixth birthdays.

A. The provider shall obtain documentation of a physical examination by or under the direction of a physician prior to a child's attendance or within 30 days after the first day of attendance.

B. The physical examination prior to attendance shall have been conducted within:

1. Two months prior to attendance for children six months of age or younger;

2. Three months prior to attendance for children age seven months through 18 months;

3. Six months prior to attendance for children age 19 months through 24 months;

4. Twelve months prior to attendance for children two years of age through five years of age; or

5. Twenty-four months prior to attendance for children six years of age and above.

EXCEPTIONS:

1. A new physical examination is not required if a copy of the physical examination is available to the admitting family day home home-based child care provider for a child transferring from a facility licensed by the Virginia Department of Education, approved by a licensed family day home-based child care system, voluntarily registered by the Virginia Department of Education or by a contract agency of the Virginia Department of Education, or transferring from a Virginia Department of Education-approved child care program.

2. Pursuant to subsection D of § 22.1-270 of the Code of Virginia, physical examinations are not required for any child whose parent objects on religious grounds. The parent must submit a signed statement noting that the parent objects on religious grounds and certifying that to the best of the parent's knowledge the child is in good health and free from communicable or contagious disease.

3. For a school age child, a copy of the physical examination required for his entry into a Virginia public kindergarten or elementary school is acceptable documentation.

Individuals 14 years of age and older who reside in the family day home home-based child care program shall:

1. Display behavior that demonstrates emotional stability;

2. Be of good character and reputation; and

3. Meet the requirements specified in 8VAC20-770, Background Checks for Child Day Programs and Family Day Systems 8VAC20-821, General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks.

A. In addition to satisfactory completion of first aid training and CPR training, caregivers shall obtain a minimum of sixteen clock hours of training annually in areas relevant to their job responsibilities.

B. The annual training shall cover areas such as, but not limited to:

1. Physical, intellectual, social, and emotional child development;

2. Behavior management and discipline techniques;

3. Health and safety in the family day home home-based child care environment;

4. Art and music activities for children;

5. Child nutrition;

6. Recognition and prevention of child abuse and neglect;

7. Emergency preparedness as required by 8VAC20-800-800 C; or

8. Recognition and prevention of the spread of communicable diseases.

A. To safely perform medication administration practices listed in 8VAC20-800-710 whenever the family day home home-based child care provider has agreed to administer prescription medications or nonprescription medications, the administration shall be performed by a caregiver who:

1. Has satisfactorily completed a training program for this purpose developed or approved by the Board of Nursing and taught by a registered nurse, licensed practical nurse, doctor of medicine or osteopathic medicine, or pharmacist; or

2. Is licensed by the Commonwealth of Virginia to administer medications.

B. Caregivers required to have the training in subdivision A 1 of this section shall be retrained at three-year intervals.

A. Areas and furnishings of the family day home home-based child care program, inside and outside, shall be maintained in a clean, safe, and operable condition. Unsafe conditions shall include, but not be limited to, the presence of poisonous plants; tripping hazards; unstable heavy equipment, furniture, or other items that a child could pull down on himself; splintered, cracked, or otherwise deteriorating wood; chipped or peeling paint; visible cracks, bending or warping, rusting, or breakage of any equipment; head entrapment hazards; and protruding nails, bolts, or other components that could entangle or could snag skin.

B. No equipment, materials, or furnishings shall be used if recalled or identified by the U.S. Consumer Product Safety Commission as being hazardous.

A. Access to the water in aboveground swimming pools shall be prevented by locking and securing the ladder in place or storing the ladder in a place inaccessible to children.

B. A nonclimbable barrier at least four feet high such as, but not limited to, a fence or impenetrable hedge shall surround outdoor play areas located within 30 feet of drowning hazards such as, but not limited to, inground swimming or wading pools, ponds, or fountains not enclosed by safety fences.

C. Portable wading pools without integral filter systems shall:

1. Be emptied after use by each group of children, rinsed, and filled with clean water, or more frequently as necessary; and

2. When not in use during the family day home's home-based child care program's hours of operation, be emptied, sanitized, and stored in a position to keep them clean and dry.

D. Portable wading pools shall not be used by children who are not potty trained.

E. Bathtubs, buckets, and other containers of liquid accessible to children shall be emptied immediately after use.

F. Hot tubs, spas, and whirlpools shall:

1. Not be used by children in care, and

2. Covered with safety covers while children are in care.

A. Firearms of every type and purpose shall be stored unloaded in a locked container, compartment, or cabinet, and apart from ammunition.

B. Ammunition shall be stored in a locked container, compartment, or cabinet during the family day home's home-based child care program's hours of operation.

C. If a key is used to lock the container, compartment, or cabinet, the key shall be inaccessible to children.

A. A landline telephone, excluding a cordless or cell phone, shall be available, operable, and accessible during the family day home's home-based child care program's hours of operation. An operable landline telephone is one that does not require electricity to operate. Cordless or cell phones may be used in addition to the landline telephone.

B. If the telephone number is unlisted, the provider shall ensure that parents and the department have been given the unlisted number in writing.

C. The provider shall inform the department within 48 hours and parents within 24 hours of a change of the telephone number.

A. The home shall have indoor running water.

B. When water is not obtained from a municipal supply, and the house is not connected to a municipal sewer line, the water supply and septic system of the family day home home-based child care program shall be inspected and approved by the local health official or a private laboratory if there are open and obvious symptoms of water or sewage system problems, such as evidence of cloudy, murky, or muddy water, or sewage back up.

C. Family day homes Home-based child care programs which are connected to a municipal water supply and sewer line that have open and obvious symptoms of water or sewage system problems shall have the problems corrected within a time frame established by the local public utility department.

D. There shall be an ample supply of hot and cold water available to children and caregivers for hand washing.

E. Hot water at taps available to children shall be maintained within a range of 105°F to 120°F.

A. The family day home home-based child care provider shall provide a sufficient quantity and variety of play materials and equipment that shall be readily accessible to children.

B. Equipment and materials used by a child shall be appropriate to the age, size, ability, and interest of the child.

C. Materials and equipment available shall include, but not be limited to, arts and crafts materials, texture materials, construction materials, music and sound materials, books, social living equipment, and manipulative equipment.

D. Equipment used by children shall be assembled, maintained, and used in accordance with the manufacturer's instructions.

E. Equipment and materials used by children shall be clean, nontoxic, and free from hazards such as lead paint, sharp edges or points, loose parts, and rust.

F. Toys mouthed by children shall be cleaned and sanitized daily.

A. The provider shall provide written notification to the parent within 10 business days after the effective date of the change when there is no longer liability insurance in force on the family day home home-based child care operation.

1. The provider shall obtain the parent's written acknowledgement of the receipt of this notification, and

2. A copy of the parent's written acknowledgement of the receipt of this notification shall be maintained in the child's record.

B. Caregivers shall provide information daily to parents about the child's health, development, behavior, adjustment, or needs.

C. The provider shall give parents prior notice when a substitute provider will be caring for the children.

D. Caregivers shall notify parents when persistent behavioral problems are identified and such notification shall include any disciplinary steps taken in response.

E. The provider shall notify the parent immediately when the child:

1. Has a head injury or any serious injury that requires emergency medical or dental treatment;

2. Has an adverse reaction to medication administered;

3. Has been administered medication incorrectly;

4. Is lost or missing; or

5. Has died.

F. The provider shall notify a parent the same day whenever first aid is administered to the child.

G. When a child has been exposed to a communicable disease listed in the Department of Health's current communicable disease chart, the provider shall notify the parent within 24 hours or the next business day of the home's having been informed, unless forbidden by law, except for life-threatening diseases, which must be reported to parents immediately. The provider shall consult the local health department if there is a question about the communicability of a disease.

H. Parents shall be informed of any changes in the home's emergency preparedness and response plan.

I. Except in emergency evacuation or relocation situations, the provider shall inform the parent and have written permission as required by 8VAC20-800-980 whenever the child will be taken off the premises of the family day home home-based child care, before such occasion.

J. If an emergency evacuation or relocation is necessary, the parent shall be informed of the child's whereabouts as soon as possible.

A. The level of supervision by caregivers required in 8VAC20-800-560 and the point system as outlined in 8VAC20-800-570 shall be maintained while the children are participating in swimming or wading activities.

B. The family day home home-based child care provider shall annually obtain:

1. Written permission from the parent of each child who participates in swimming or wading activities, and

2. A written statement from the parent advising of a child's swimming skills before the child is allowed in water above the child's shoulder height.

C. Caregivers shall have a system for accounting for all children in the water.

D. Outdoor swimming activities shall occur only during daylight hours.

E. When one or more children are in water that is more than two feet deep in a pool, lake, or other swimming area on or off the premises of the family day home home-based child care:

1. A minimum of least two caregivers shall be present and able to supervise the children; and

2. An individual currently certified in basic water rescue, community water safety, water safety instruction, or lifeguarding shall be on duty supervising the children participating in swimming or wading activities at all times. The certification shall be obtained from an organization such as, but not limited to, the American Red Cross, the YMCA, or the Boy Scouts.

A. Unless otherwise approved by a child's health care professional, a child shall be excluded from the family day home home-based child care program if he has:

1. Both fever and behavior change. A fever means oral temperature over 101°F or armpit temperature over 100°F;

2. Diarrhea (more watery, less formed, more frequent stools not associated with a diet change or medication). Children in diapers who develop diarrhea shall be excluded, and children who have learned to use the toilet, but cannot make it to the toilet in time, shall also be excluded;

3. Recurrent vomiting (vomiting two or more times in 24 hours); or

4. Symptoms of a communicable disease listed in the Virginia Department of Health's current communicable disease chart.

B. If a child needs to be excluded according to subsection A of this section, the following shall apply:

1. The parents or designated emergency contact shall be contacted immediately so that arrangements can be made to remove the child from the home as soon as possible; and

2. The child shall remain in a quiet, designated area and the caregiver shall respond immediately to the child until the child leaves the home.

The family day home home-based child care provider may administer prescription medication that would normally be administered by a parent or guardian to a child provided:

1. The medication is administered by a caregiver who meets the requirements in 8VAC20-800-220 A;

2. The caregiver administers only those drugs that were dispensed from a pharmacy and maintained in the original, labeled container; and

3. The caregiver administers drugs only to the child identified on the prescription label in accordance with the prescriber's instructions pertaining to dosage, frequency, and manner of administration.

A. The family day home home-based child care provider may administer nonprescription medication provided the medication is:

1. Administered by a caregiver 18 years of age or older who meets the requirements in 8VAC20-800-220 A;

2. Labeled with the child's name;

3. In the original container with the manufacturer's direction label attached; and

4. Given only at the dose, duration, and method of administration specified on the manufacturer's label for the age or weight of the child needing the medication.

B. Nonprescription medication shall not be used beyond the expiration date of the product.

A. The following emergency supplies shall be in the family day home home-based child care program, accessible to outdoor play areas, on field trips, in vehicles used for transportation and wherever children are in care:

1. A first aid kit that contains at a minimum:

a. Scissors;

b. Tweezers;

c. Gauze pads;

d. Adhesive tape;

e. Adhesive bandages, assorted sizes;

f. Antiseptic cleaning solution or pads;

g. Digital thermometer;

h. Triangular bandages;

i. Single use gloves such as surgical or examination gloves;

j. In homes located more than one hour's travel time from a healthcare facility, activated charcoal preparation (to be used only on the direction of a physician or the home's local poison control center); and

k. First aid instructional manual.

2. An ice pack or cooling agent.

B. The first aid kit shall be readily accessible to caregivers and inaccessible to children.

A. The family day home home-based child care provider shall have a written emergency preparedness and response plan that:

1. Includes emergency evacuation, emergency relocation, and shelter-in-place procedures;

2. Addresses the most likely to occur scenarios, including but not limited to fire, severe storms, flooding, tornadoes, and loss of utilities; and

3. Includes provisions for a responsible person who is 18 years of age or older and is able to arrive at the family day home home-based child care program within 10 minutes for emergency backup care until the children can be picked up by their parents.

B. The provider shall review the emergency plan at least annually and update the plan as needed. The provider shall document in writing each review and update to the emergency plan.

C. The provider shall ensure that each caregiver receives training regarding the emergency evacuation, emergency relocation, and shelter-in-place procedures by the end of his first week of assuming job responsibilities, on an annual basis, and at the time of each plan update.

A. The provider shall record in the child's record an injury or accident sustained by a child while at the family day home home-based child care program that requires first aid or emergency medical or dental treatment.

B. The information recorded shall include the following:

1. Date and time of injury;

2. Name of injured child;

3. Type and circumstance of the injury;

4. Caregiver present and action taken;

5. Date and time when parents were notified;

6. Any future action to prevent recurrence of the injury;

7. Caregiver and parent signatures or two caregiver signatures; and

8. Documentation on how the parent was notified.

A. The provider shall report to the department within 24 hours of the circumstances surrounding the following incidents:

1. Lost or missing child when local authorities have been contacted for help;

2. Serious injury to a child while under the family day home's home-based child care program's supervision; and

3. Death of a child while under the family day home's home-based child care program's supervision.

B. A written report shall be completed and submitted to the department within five working days of the date the incident occurred.

A. Meals and snacks shall be served in accordance with the times children are in care, which include:

1. For family day homes home-based child care programs operating less than four consecutive hours at least one snack shall be served.

2. For family day homes home-based child care programs operating four to seven consecutive hours at least one meal and one snack shall be served.

3. For family day homes home-based child care programs operating seven to 12 consecutive hours at least one meal and two snacks or two meals and one snack shall be served.

4. For family day homes home-based child care programs operating 12 to 16 consecutive hours at least two meals and two snacks or three meals and one snack shall be served.

B. A family day home home-based child care provider shall ensure that children arriving from a half-day, morning program who have not yet eaten lunch receive a lunch.

C. The family day home home-based child care provider shall schedule snacks or meals so there is a period of at least 1-1/2 hours, but no more than three hours, between each meal or snack unless there is a scheduled rest or sleep period for children between the meals and snacks.

D. Children shall be served small-sized portions.

E. Food shall be prepared, stored, served, and transported in a clean and sanitary manner.

F. Leftover food shall be discarded from individual plates following a meal or snack.

G. Tables and high chair trays shall be cleaned after each use, but at least daily.

When family day homes home-based child care providers provide meals or snacks, the following shall apply:

1. Family day homes Home-based child care providers shall follow the most recent, age-appropriate nutritional requirements of a recognized authority such as the Child and Adult Care Food Program of the United States Department of Agriculture (USDA).

2. Children shall be allowed second helpings of food listed in the child care food program meal patterns.

When food is brought from home, the following shall apply:

1. The food container shall be clearly labeled in a way that identifies the owner;

2. The family day home home-based child care provider shall have extra food or shall have provisions to obtain food to serve to a child so the child can have an appropriate snack or meal as required in 8VAC20-800-880 if the child forgets to bring food from home or brings an inadequate meal or snack; and

3. Unused portions of food shall be discarded by the end of the day or returned to the parent.

When meals or snacks are provided by the family day home home-based child care provider, the menu for the current one-week period shall:

1. Be dated;

2. Be given to parents or posted or placed in an area accessible to parents;

3. List any substituted food; and

4. Be kept on file one week at the family day home home-based child care program.

A. General written permission shall be obtained from the parent of each child for the provider to take the child off the premises of the family day home home-based child care. The general written permission shall be on a form that lists regularly scheduled trips (e.g., library, store, playground) and the driver, if the child is to be transported.

B. Special written permission shall be obtained from the parent of each child for the provider to take the child on special field trips (those not regularly scheduled). The written special permission shall specify destination, duration of trip, and driver, if the child is to be transported.

A. Drivers must be 18 years of age or older.

B. The provider shall ensure that during transportation of children the driver has:

1. A valid driver's license;

2. The name, address, and telephone number of the family day home home-based child care program;

3. A copy of the parent's written permission to transport the child;

4. A copy of each child's emergency contact information as required in 8VAC20-800-60 B 2;

5. Emergency supplies as required in 8VAC20-800-760; and

6. A mechanism for making telephone calls to emergency responders and parents (e.g., change, calling card, cellular phone).

A. Chapter 14.1, Article 3 (§ 22.1-289.010 et seq.) of Title 22.1 of the Code of Virginia sets forth the responsibility of the Department of Education for licensure of family day home-based child care systems, including the authority and responsibility of the State Board of Education for the development of regulations containing minimum standards and requirements.

It is a misdemeanor to operate a family day home-based child care system without a license. (§ 22.1-289.022 of the Code of Virginia)

B. Definitions. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Abused or neglected child" (see § 63.2-100 of the Code of Virginia) means any child younger than 18 years of age whose parents or other persons responsible for his care:

a. Create or inflict, threaten to create or inflict, or allow to be created or inflicted a physical or mental injury by other than accidental means, or create a substantial risk of death, disfigurement, or impairment of bodily or mental functions;

b. Neglect or refuse to provide care necessary for the child's health, unless the child is, in good faith, under treatment solely by spiritual means through prayer, according to the practice of a recognized church or denomination;

c. Abandon the child;

d. Commit or allow to be committed any sexual act upon a child in violation of the law.

"Child" means any person younger than 18 years of age.

"Complaint" means an accusation received either orally or in writing that:

a. A licensed family day home-based child care system is not in compliance with one or more of these standards or one or more statutory requirements;

b. A family day-care home member home is not in compliance with one or more applicable requirements of these standards or one or more requirements as established by the family day system home-based child care system; or

c. A child or children in the care of a family day-care home member home, which is a member of a licensed family day home-based child care system, is or are being abused or neglected.

" Day care" means care, protection, and guidance provided to a child or group of children separated from their parents or guardian for less than 24 hours per day at a location other than the home of the parents or guardian.

"Day-care provider" means an individual who, by contract with a family day system, provides day care in his home.

"Department" means the Virginia Department of Education.

"Department representative" means an employee of the department, acting as the authorized agent of the superintendent in carrying out the responsibilities and duties specified in Chapter 14.1, Article 3 (§ 22.1-289.010 et seq.) of Title 22.1 of the Code of Virginia.

"Director" means the licensee or a person designated by the licensee who oversees the day-to-day operation of the system, including compliance with all minimum standards for licensed family day home-based child care systems.

"Family day system" means any person who approves family day-care homes as members of its system; who refers children to available family day-care homes in that system; and who through contractual arrangement may provide central administrative functions, including training of operators of family day-care homes; technical assistance and consultation to operators of family day-care homes; inspection, supervision, monitoring, and evaluation of family day-care homes; and referral of children to available health and social services. (§ 22.1-289.02 of the Code of Virginia)

"Family day-care home" means any private family home, which is an approved member of a family day system and receives nine or fewer children for care, protection, and guidance during any part of the 24-hour day except children who are related by blood or marriage to the person who maintains the home. Family day-care homes that are members of a licensed day-care system and are approved by that system to care for five or more children are not subject to direct licensure by the department. (§ 63.2-100 of the Code of Virginia)

"Home-based child care system" means any person who approves providers of home-based child care as members of its system; who refers children to available home-based child care in that system; and who, through contractual arrangement, may provide central administrative functions including the training of operators of member homes; technical assistance and consultation to operators of member homes; inspection, supervision, monitoring, and evaluation of member homes; and referral of children to available health and social services.

"Licensee" means any person, association, partnership, or corporation to whom the license is issued.

"Member home" means any private home-based child care, which is an approved member of a home-based child care system and receives nine or fewer children for care, protection, and guidance during any part of the 24-hour day except children who are related by blood or marriage to the person who maintains the home. Member homes that are members of a licensed home-based child care system and are approved by that system to care for five or more children are not subject to direct licensure by the department. (§ 22.1-289.030 of the Code of Virginia).

"Member home provider" means an individual who, by contract with a home-based child care system, provides day care in his home.

"Person" means any individual; corporation; partnership; association; limited liability company; local government; state agency, including any department, institution, authority, instrumentality, board, or other administrative agency of the Commonwealth; or other legal or commercial entity that operates or maintains a child day program or family day home-based child care system.

"Referral" means any activity by the family day home-based child care system that provides assistance in locating or arranging day care for children in homes that have been accepted or approved as members of the system, or in locating or arranging for health or social services from other sources based upon identified needs.

"Sponsor" means an individual, association, partnership, or corporation having the responsibility for planning and operating a family day home-based child care system subject to licensure. The licensee is the sponsor of a family day home-based child care system. (The sponsor may not, in all cases, be the owner of the physical plant including buildings or real estate, or both, in or on which the family day home-based child care system office is located. In these instances the term "sponsor" as defined here and used in this chapter is considered to be the person, partnership, association, or corporation that owns the enterprise rather than the physical plant or real estate, or both.)

"Superintendent" means the Superintendent of Public Instruction or the superintendent's designee.

C. The license.

1. A license to operate a family day home-based child care system is issued to a specific person, partnership, association, or corporation for an exact location, which will be indicated on the license.

2. The family day home-based child care system shall be operated and conducted in the name of the sponsor or in such name as shall be designated on the application and as indicated on the license.

3. The license expires automatically and is not transferable when there is a change of sponsorship.

4. The current license shall be posted at all times at a place that is conspicuous to the public in the building housing the system office. If the system has more than one office, copies of the current license shall be posted in a place that is conspicuous to the public in each office.

5. An annual license is one issued to a family day home-based child care system when the activities, services, and facilities meet substantially the minimum standards and requirements for a license that are set forth in this chapter and any additional requirements that may be specified in Chapter 14.1, Article 3 (§ 22.1-289.010 et seq.) of Title 22.1 of the Code of Virginia. The annual license is effective for 12 months unless it is sooner revoked or surrendered.

6. When an annual license expires, a provisional license may be issued for any period not to exceed six months if the applicant is temporarily unable to comply with all of the requirements; however, no facility may operate under any such provisional license and renewals of that license for a longer period than six successive months.

7. At the discretion of the superintendent, a conditional license may be issued to operate a new facility in order to permit the applicant to demonstrate compliance with all requirements. A conditional license and any renewal of that shall be for no longer a period than six successive months.

8. Terms of the license.

a. The terms of any license issued include:

(1) The operating name of the family day home-based child care system;

(2) The name of the individual, the partnership, the association, or the corporation to whom the license is issued;

(3) The physical location;

(4) The number of homes that may be under contract to the system;

(5) The period of time for which the license is effective; and

(6) The total number of children who may be referred by the system and be receiving care at any given time in all homes that are members of the system.

b. The terms of the license may include other limitations that the Superintendent may prescribe within the context of this chapter.

c. The provisional license cites the standards with which the licensee is not in compliance.

D. The licensing process.

1. Preapplication consultation. Upon request, the department's representative will provide consultation to any person seeking information about obtaining a license for a family day home-based child care system. The purpose of such consultation is:

a. To explain standards;

b. To help the potential applicant to explore the operational demands of a licensed family day home-based child care system;

c. To provide assistance in locating sources of information and technical assistance;

d. To alert the potential applicant of the need to determine whether local ordinances will affect the proposed operation (e.g., zoning, business license, etc.); and

e. To provide an onsite visit to a proposed family day home-based child care system office, upon request.

2. The application.

a. The application for a license to operate a family day home-based child care system shall be obtained from the department.

b. The application, together with all required information, shall be submitted to the department at least two months in advance of the planned opening date.

This is required in order that a determination of compliance with the provisions of Chapter 14.1, Article 3 (§ 22.1-289.010 et seq.) of Title 22.1 of the Code of Virginia and with the Standards for Licensed Family Day Home-Based Child Care Systems as set forth in this chapter may be made.

Among other things, the information submitted shall be sufficient to enable the department's representative to determine, during the subsequent investigation, the specific services to be offered, the adequacy of staff to provide these services, the financial capability of the applicant, the character and reputation of the applicant, including the officers and agents of any association, partnership, or corporation as mandated by § 22.1-289.013 of the Code of Virginia.

c. The application shall be signed by the individual responsible for the operation of the family day home-based child care system. The application for a family day home-based child care system to be operated by a board shall be signed by an officer of the board, preferably the chairman.

3. The investigation.

a. Following receipt of the application, the department's representative will make an on-site inspection of the proposed office and an investigation of the proposed services, as well as an investigation of the character and reputation of the applicant, and, upon receipt of the initial application, an investigation of the applicant's financial responsibility.

b. Applicants for licensure and licensees shall at all times afford the superintendentreasonable opportunity to inspect all of their facilities, books, and records, and to interview their agents and employees and any person living or participating in such facilities, or under their custody, control, direction, or supervision. (§ 22.1-289.018 of the Code of Virginia) The financial records of an initial applicant shall not be subject to inspection if the applicant submits an operating budget and at least one credit reference.

4. Notice to the applicant of superintendent's action. Upon completion of the investigation of the application for a license, the applicant will be notified in writing of the superintendent's decision.

If the license is issued, an accompanying letter will cite any areas of noncompliance with standards. This letter will also include any limitations on the license and may contain recommendations.

If a license is to be denied, the letter will state the reasons for the intent to deny and will set forth the applicant's right to an administrative hearing.

5. Procedures for renewal of annual, provisional, or conditional license. In order to renew an annual, provisional, or conditional license, the licensee must complete the renewal application and return it, together with any required attachments, to the department. In order to assure timely processing, the renewal application should be completed and returned within 10 days after it is received from the department.

The procedure for investigation and issuance or denial of the license as set forth in subdivisions 3 and 4 of this subsection will be followed.

6. Early compliance (replacement of a provisional or conditional license with an annual license).

a. A provisional or conditional license may be voided and an annual license issued when all of the following conditions exist:

(1) The facility complies with all standards listed on the face of the provisional or conditional license well in advance of the expiration date of the provisional or conditional license, and no additional areas of noncompliance exist;

(2) Compliance has been verified by an on-site observation by the department representative or by written evidence provided by the licensee; and

(3) All other terms of the license remain the same.

b. A request to void a provisional or conditional license and to issue an annual license must be made in writing by the licensee to the Office of Child Care Licensing Health and Safety.

c. If the request is approved by the department, the effective date of the new annual license will be the same as the beginning date of the provisional or conditional license.

7. Situation requiring a new application. A new application must be filed when sponsorship of the family day home-based child care system changes.

8. Modification.

a. The conditions of the license may be modified during the effective dates of the license with respect to increasing or decreasing the number of homes that may be placed under contract, the number of children who may be referred by the system and be receiving care at a given time, changing the name of the system when there is no change in sponsorship, changing location of the system office, or other conditions caused by changes in staff, program, or facilities.

b. The licensee shall report to the department any contemplated changes in operation that would affect either the terms of the license or the continuing eligibility for a license. (This does not mean the department has to approve changes in staff or program unless they affect the terms of the license or continuing eligibility.)

c. This information shall be submitted in writing by the licensee to the Office of Child Care Licensing Health and Safety.

d. The department will then determine whether such changes may be approved and the license modified accordingly or whether a new application must be filed.

9. Determination of continued compliance. In order to determine continued compliance with standards during the effective dates of the license, the department's representative will make announced and unannounced visits to the office or offices of the system and may make such visits to homes that are members of the system.

10. Complaint investigation.

a. The department has the responsibility to investigate any complaints regarding alleged violations of minimum standards for licensed family day home-based child care systems and provisions of Chapter 14.1, Article 3 (§ 22.1-289.010 et seq.) of Title 22.1 of the Code of Virginia.

b. The licensee has the responsibility to investigate any complaints regarding any family day-care home member home that is approved as a member of its system. (See 8VAC20-810-50 C.) At its discretion the department may also investigate complaints against individual homes.

11. Revocation. Any license may be revoked for failure to maintain these standards or for violation of the provisions of Chapter 14.1, Article 3 (§ 22.1-289.010 et seq.) of Title 22.1 of the Code of Virginia.

12. Appeals. The applicant or licensee has the right to request an administrative hearing regarding any denial or revocation of a license, in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Following the receipt of the final order that transmits the department's decision after the administrative hearing, the applicant or licensee has the right to appeal to a court of record in accordance with § 22.1-289.024 of the Code of Virginia.

A. Sponsorship.

1. A family day home-based child care system may be sponsored by a single individual, a partnership, an association, or a corporation.

2. A corporation sponsoring a family day home-based child care system shall maintain its corporate status in accordance with Virginia law.

3. Such corporation shall be organized and empowered for the purpose of operating and maintaining a family day home-based child care system. Corporations not organized and empowered solely to operate a family day home-based child care system shall provide for such operations in their charters.

4. A family day home-based child care system sponsored by an association or corporation shall be controlled by a governing board that shall fulfill the duties of the licensee.

5. If a family day home-based child care system is sponsored by an individual or a partnership, the individual or partnership shall be the licensee and shall comply with the responsibilities specified for the governing board. (See subdivision B 3 of this section.)

B. Governing board.

1. Composition of the governing board.

a. The membership of the governing board shall be based on the size and purpose of the family day home-based child care system as well as the services to be offered by the system.

b. It shall be large enough and of a composition to:

(1) Be representative of the variety of interests served by the system;

(2) Contain experience appropriate to the services offered by the system; and

(3) Be representative of the geographical area served by the system.

c. At minimum, the governing board shall be composed of three members, unless there are fewer than three shareholders at which time the number of members can equal the number of shareholders. This membership shall include a president, secretary-treasurer, and member-at-large. When there are fewer than three members, this membership shall consist of a president and secretary-treasurer.

d. The method of selecting board members shall be made known to the department's representative and shall be consistent with the bylaws.

2. Meetings of the governing board.

a. The governing board shall meet not less often than quarterly.

b. Minutes of all meetings shall be recorded and retained in a permanent file at the office of the family day home-based child care system.

c. Copies of minutes shall be made available to the department's representative upon request.

3. The responsibilities of the governing board shall include, but shall not be limited to:

a. Establishing written bylaws for the association or corporation (not applicable to an individual or partnership).

b. Establishing written goals and policies under which the family day home-based child care system is to operate (see subsection C of this section).

c. Ensuring the family day home-based child care system functions according to its defined purpose and within the scope of services to be offered.

d. Ensuring compliance with minimum standards for licensed family day home-based child care systems.

e. Maintaining a budgetary and financial system that assures a sound financial structure is maintained.

f. Appointing a qualified director to whom it delegates, in writing, the authority and responsibility for administrative direction and management of the family day home-based child care system in accordance with established policies (optional for an individual or partnership).

g. Establishing written policies that govern the board's or licensee's relationship to the director to include, at minimum:

(1) Evaluation of the performance of the director not less often than annually;

(2) Provision for the director to meet with the board periodically to review the services being provided and the personnel needs and the fiscal management of the family day home-based child care system.

h. Providing a written organizational chart that indicates the organizational elements of the system, the personnel positions within each organizational element, and the lines of authority and communication within the family day home-based child care system. This chart shall be kept current.

i. Reviewing, at least annually, the program of the family day home-based child care system. This review shall include an examination of:

(1) The number, size, and capabilities of homes, and quality of service offered by homes that are members of the system;

(2) The needs of homes that are members of the system and the services offered to these homes by the system;

(3) The needs of children and families served by the system and the services offered to them;

(4) Problems encountered in the operation of the system;

(5) Consistency of services provided within the framework of the stated purpose and objectives of the system;

(6) Changes required in the focus of the system's program;

(7) The adequacy of the recordkeeping system.

j. Determining, based on the annual review required by subdivision 3 i of this subsection, the following:

(1) Requirements for additional staff training;

(2) Requirements for changes in staffing;

(3) Requirements for changes in the focus of the program and services offered by the system.

k. Developing and implementing plans to respond to the needs identified in subdivision 3 j of this subsection.

l. Maintaining accurate and appropriate inventories regarding all real property and equipment belonging to the system.

m. Ensuring that member homes comply with local child care ordinances where such ordinances exist. (NOTE: A note of approval from the administrator of the local ordinances will constitute evidence of compliance.)

C. Goals, policies, and procedures.

1. Goals.

a. Written goals shall be developed for the family day home-based child care system.

b. These goals shall clearly describe the philosophy and objectives of the system.

c. At minimum, they shall address:

(1) The purpose of the family day home-based child care system;

(2) The population to be served;

(3) The recruitment of homes;

(4) The program to be offered by the system in terms of:

(a) Services to be provided to the homes that are members of the system;

(b) Services to be provided to families and children who use the system.

2. Policies and procedures. Written policies and procedures shall be prepared for the operation of the family day-care home-based child care system. These policies and procedures shall relate to:

a. Personnel policies. (See 8VAC20-810-30 B.)

b. Services to member homes including:

(1) Criteria for approving family day-care homes member homes as members of system;

(2) Training of home operators;

(3) Technical assistance and consultation to home operators; and

(4) Inspection, supervision, monitoring and evaluation of system homes.

c. Services to children and their families including:

(1) Referral of children to homes that are members of the system; and

(2) Referral of children to available health and social services.

3. A copy of the goals and all policies and procedures shall be made available to the department representative upon request.

D. Finances.

1. Fiscal accountability. The family day home-based child care system shall have a plan of financing that assures sufficient funds to operate in accordance with its stated purpose, objectives, and the services to be provided.

2. Internal financial procedures.

a. There shall be a system of financial recordkeeping that is consistent with generally accepted accounting principles, showing separation of the system's accounts from all other records.

b. There shall be a written policy for the collection and disbursement of funds.

c. Those members of the governing board or body and staff who have been granted authorized responsibility for funds of the system shall be bonded.

3. Fee and payment schedules.

a. The family day home-based child care system shall maintain a current written schedule of fees charged for the services provided. The applicable schedule or schedules shall be made available to families who seek or use the services of the system, to homes that apply for membership in the system, and to the department as part of the application for licensure.

b. The family day home-based child care system shall establish and maintain a current written schedule of payments to be made to homes that are members of the system. This schedule shall specify the amount of payment, conditions of payment, and frequency of payment. It shall be provided to all homes that are members of the system and also to the department as part of the application for licensure. When applicable, this schedule shall also be made available to families who seek or use the services of the system.

E. Relationship to the licensing authority.

1. The family day home-based child care system shall submit to the department such reasonable reports and information as it may require. (See § 22.1-289.021 of the Code of Virginia.)

2. The system's books and records shall be made available for inspection by the department's representative, upon request. (See § 22.1-289.018 of the Code of Virginia.)

3. The licensee, governing board, or its official representative shall notify the department when any major change is anticipated in the program, services provided, or administrative structure. When such a change occurs, which was not anticipated, this notification shall be provided no later than 10 days following the change. The department shall also be notified within five working days whenever a new director is employed by the family day home-based child care system.

F. Family day Home-based child care system setting.

1. The family day home-based child care system shall have an office that shall serve as the headquarters of the system.

2. This office shall have:

a. Sufficient space for administration of the system, including all clerical functions;

b. Sufficient space to maintain privacy and confidentiality for conferences with parents who seek or use the services of the system and family day-care home home-based child care operators who are members of the system; and

c. At least one working telephone, other than a pay phone, with a listed number that is available for system business. An emergency phone number shall be provided for the use of the homes in the system during any hours that children are in care if the system's telephone is not manned during those hours.

G. Determination of the number of homes that may be under contract to the system. In order to ensure timely and adequate service delivery, the maximum number of homes that may be under contract of the system shall be based on the following factors:

1. The number of system's office staff (NOTE: Persons who are approved as day-care member home providers and their assistants are not considered to be system's office staff.);

2. The geographical dispersion of homes with relation to the system office;

3. The types and needs of children served by the system;

4. The financial capabilities of the system; and

5. The types of programs and services offered by the system.

A. General Requirements.

1. No person convicted of a crime involving child abuse, child neglect or moral turpitude shall be a family day home-based child care system owner, operator or employee.

2. The family day home-based child care system owner, director, and all system employees shall be:

a. At least 18 years of age (EXCEPTION: Secretarial and custodial help may be younger than 18 years of age.);

b. Of good moral character and reputation;

c. Physically and mentally capable of carrying out assigned duties and responsibilities;

d. Emotionally stable with an understanding of problems and needs of children and their families; and

e. Qualified in accordance with the applicable educational training and experience requirements contained in these standards.

B. Personnel policies.

1. There shall be a written description for each staff position. This job description shall include:

a. The job title;

b. The functions assigned to the position, including authority and responsibility; and

c. Educational or experience, or both, requirements for the position.

2. A copy of the job description shall be made available to each person assigned to the position at the time of employment.

3. When a system has more than three employees, within the system's office, the system shall have written personnel policies outlining personnel practices as they affect both the employer and employee. A copy of these policies shall be readily accessible to each staff member and shall include at minimum:

a. Conditions of employment;

b. Conditions under which employment may be suspended or terminated;

c. Procedures for resignation;

d. Salary scales;

e. Provisions for paid vacation, sick leave, compensatory leave, and holidays, if any;

f. Provisions for recurring evaluation of work performance of each employee at least annually;

g. A description of employee benefits;

h. Provisions for staff development and training through in-service training, attendance at conferences and workshops and educational leave; and

i. Grievance procedures.

C. The system staff.

1. Composition and size.

a. Composition and number of staff employed by the system shall be sufficient to assure:

(1) Compliance with these standards;

(2) The uninterrupted and timely provision of all services included in the system program to children, parents, and homes that are members of the system.

b. In order to ensure timely and adequate service delivery, the number and composition of staff shall be determined by:

(1) The scope of the program and services offered by the system;

(2) The number of homes that are members of the system and their geographical location in relation to the system office;

(3) The number of children in care in homes that are members of the system;

(4) The capabilities and experience of the staff; and

(5) The total responsibilities assigned to each staff member and the time required to effectively carry out these responsibilities. Total responsibilities are those relating to inspection, supervision, monitoring, evaluation of member homes; providing training and technical assistance to operators and staff of member homes; providing referral services to parents and children; as well as administrative tasks and supervisory responsibilities.

c. Qualified staff members who meet the applicable qualifications established by subdivision C 2 of this section shall be designated to perform each of the following functions:

(1) Day-to-day management, administration and supervision of system operations;

(2) Referral services to parents and children;

(3) Training, technical assistance, and consultation to the staff of homes that are members of the system;

(4) Home visitation and approval which includes at minimum those functions and services relating to inspection, supervision, monitoring, and evaluation of homes that are members of the system; and

(5) Clerical functions.

d. Multiple functions may be assigned to an individual staff member provided:

(1) The staff member meets the qualifications for each function as established by subdivision C 2 of this section; and

(2) The multiple assignment is consistent with the requirements of subdivision C 1 a of this section regarding the timely and uninterrupted delivery of services and subdivision C 1 b of this section which provides for a determination of the required number and composition of staff.

2. Staff qualifications.

a. The director.

(1) There shall be one full-time staff member designated as the director of the system who shall be responsible for the overall day-to-day management, administration and supervision of system operations. In the case of an individual proprietorship or partnership the director may be the licensee.

(2) An individual assuming the duties of a director on or after the effective date of these standards shall have:

(a) A master's degree in early childhood education, child development, social work, education or psychology from an accredited college or university, or the equivalent as determined and approved by the department, plus three years of experience in any one or more of these fields, including two years experience in a supervisory, administrative, or management capacity; or

(b) A bachelor's degree in early childhood education, child development, social work psychology or education from an accredited four year college or university, or the equivalent as determined and approved by the department, plus four years of experience in any of these fields, including two years experience in a supervisory, administrative or management capacity.

b. Referral, training and home visitation services.

(1) Responsibilities for referral, training and home visitation services shall be assigned to a permanent staff member or members. These services and responsibilities shall consist of:

(a) Referral services—Interviewing of parents and children and the referral of children to family day-care member homes that are members of the system or to available health or social services as special needs are identified.

(b) Training services—Developing and providing training, technical assistance and consultation to the operators and staff of family day-care member homes that are members of the system.

(c) Home visitation services—Visiting family day-care member homes, for the purpose of approving homes in accordance with requirements established in 8VAC20-810-40 and any additional requirements established by the system and assuring continued compliance with these requirements. A full-time home visitation staff member shall be responsible for no more than 25 family day-care member homes.

(2) Staff members designated to perform referral, training or home visitation services on or after the effective date of these standards shall have:

(a) A bachelor's degree in early childhood education, child development, social work, psychology or education from an accredited four year college or university or the equivalent as determined and approved by the department, or

(b) An associate degree, or equivalent, in human services, community and social service, or educational services or their equivalent as determined and approved by the department, from an accredited community college or four year college or university and two years supervised experience working in a child care center, residential children's facility, nursery school, family day-care home home-based child care, or similar program providing care to children.

c. Clerical staff.

(1) The system shall employ sufficient clerical staff to keep correspondence, required records, accounts and files current and in good order.

(2) Clerical staff shall be qualified by both education and experience to perform assigned tasks.

d. Documentation of qualifications.

(1) The professional qualifications of staff members, established by subdivision C 2 of this section, shall be individually documented.

(2) The personal qualifications including those established by subdivision A 1 of this section shall be verified through character references.

(a) At least three references shall be obtained for each applicant.

(b) These references shall not be obtained from relatives of applicants.

(c) These references shall be in writing or there shall be a written notation of verbal references.

3. Staff development.

a. Provision shall be made for orientation for all staff. This shall be documented and recorded in the employee's record.

b. Prior to assuming their duties, new employees shall be given orientation and training in at least the following areas:

(1) The objectives and philosophy of the system;

(2) The services offered by the system;

(3) Confidential treatment of personal information;

(4) The policies and procedures that are applicable to their specific position and assigned duties and responsibilities; and

(5) The standards as they apply to the individual position.

c. A written plan of in-service training with specific well-defined objectives shall be prepared and implemented annually for each employee. A copy of this plan shall be filed in the employee's record and shall be made available to the department's representative upon request. (EXCEPTION: Clerical and custodial employees are exempt from this requirement.)

d. Attendance at conferences, seminars, workshops, institutes and academic courses related to the employee's assigned duties and responsibilities shall be encouraged.

D. Volunteers.

1. Any volunteers used shall:

a. Have qualifications appropriate to the services they render;

b. Be subject to laws and regulations governing the confidential treatment of personal information; and

c. Be selected on the basis of their ability to make a positive contribution to the program.

2. The system shall establish written requirements for the screening and selection of volunteers.

3. Duties and responsibilities of all volunteers shall be clearly defined in writing and differentiated from those persons regularly filling staff positions.

4. At least one staff member shall be assigned the responsibility for selection, orientation, training, scheduling, supervision and evaluation of volunteers.

5. The system shall not be dependent on the use of volunteers to ensure the basic provision of services on a continuous basis.

*The minimum personnel requirements and qualifications for family day-care member home providers and their staff are addressed in 8VAC20-810-40 B 1.

A. Policies and agreements.

1. Policies. The system shall establish and maintain written policies regarding:

a. The roles, rights and responsibilities of the system in the supervision and approval of member homes and referral of children to those homes;

b. The roles, rights and responsibilities of homes that are members of the system;

c. The roles, rights and responsibilities of parents of children who are cared for in homes that are members of the system;

d. Procedures for consultation to prospective providers to include alerting them to zoning and other local ordinances;

e. Procedures for evaluation, selection and initial approval of homes as members of the system;

f. Orientation and training of operators and staff of homes that are members of the system;

g. The annual renewal of approval of homes as members of the system; and

h. Procedures to be followed to assure that all areas of non-compliance with approval requirements have been corrected.

2. Agreements.

a. The system shall have a written agreement with each member home which specifies at least the following:

(1) The home's agreement with the system's policies in the areas identified in subdivision A 1 of this section;

(2) The financial agreement between the system and the member home;

(3) The system's role in assisting the home in developing a plan to meet the needs of each child accepted for care;

(4) They system's role in planning for regular conferences between the home and parents of children in care;

(5) The system's responsibility for supervision of children's care and adjustment;

(6) The rights and responsibilities of the system to monitor, inspect, evaluate and approve member homes;

(7) The system's right to remove a child from the home and the conditions under which a child may be removed;

(8) That the home shall not accept a child from any source other than the system responsible for the home without the prior approval of the system;

(9) Conditions under which the provider may take children away from the member home on a routine basis (In an unusual situation, the provider shall notify the system by telephone and secure system approval before taking a child out of the home.); and

(10) That the home shall release a child only to the persons specified in the child care agreement required by 8VAC20-810-50 A 5.

b. This agreement shall be signed prior to referral of children to the home.

B. Approval, monitoring and termination.

1. Approval, criteria and requirements. The system shall develop criteria and requirements that family day-care member homes must meet to be approved as members of the system. At minimum these criteria and requirements shall address the following areas:

a. Qualifications of day-care member home providers and their staff that include establishing specific educational or experience requirements, or both, to assure that both providers and their staff are capable of providing acceptable care to children placed in the member home. At minimum the following basic qualifications must be met:

(1) A family day-care member home provider must be at least 18 years of age;

(2) A family day-care member home provider must be able to read and write;

(3) A family day-care member home assistant must be at least 14 years of age;

(4) Family day-care Member home providers and any assistant or assistants must have the following personal attributes:

(a) An understanding of children and their problems together with an ability to relate to children with courtesy, respect, patience and affection, and understanding and respect for the child's family;

(b) An ability to handle emergencies with dependability and good judgment; and

(c) A motivation to contribute to children's wholesome development;

(5) Family day-care Member home providers and any assistant or assistants shall be responsible, wholesome, emotionally stable people of good character and reputation;

(6) No person convicted of a crime involving child abuse, child neglect or moral turpitude shall be a family day-care member home provider or assistant.

b. Ratio of adults to children in care. Ratios shall be based at minimum on the number, ages and needs of children in care. The system shall require at least one adult for every eight children in care, and infants below the age of two years shall be counted as two children in determining staff requirements.

c. The physical environment which includes:

(1) Physical plant requirements (building and grounds) and requirements for maintenance and cleanliness;

(2) Furnishing and equipment appropriate to the ages of children in care;

(3) Toileting and bathing facilities;

(4) Lighting requirements;

(5) Absence of safety hazard; and

(6) Adequate space requirements for play activities and napping.

d. The water supply and sanitary disposal system shall be approved by the health officer, unless water is obtained from a municipal supply and the member home is connected to a municipal sewer line.

e. Care of children including at minimum supervision of children in care and the planning and providing of varied daily activities which are appropriate to the ages, needs, and capabilities of children in care. Children must be supervised at all times by an adult and shall not be left alone in the care of an assistant under the age of 18 years.

f. Methods of dealing with unacceptable behavior which prohibit harsh and unreasonable punishment.

g. Nutrition to assure that nutritious and adequate meals and snacks, in terms of quality and quantity, are provided each child.

h. Health information shall be maintained for the family day-care member home provider, assistant and assistants and for those household members who come in contact with children or handle food served to children, as described below:

(1) Initial tuberculosis examination and report.

(a) Prior to approval or contact with children, each individual shall obtain an evaluation indicating the absence of tuberculosis in a communicable form.

(b) Each individual shall submit a statement that he or she is free of tuberculosis in a communicable form, including the type or types of test or tests used and the result or results.

(c) The statement shall be signed by a licensed physician, the physician's designee, or an official of a local health department.

(d) The statement shall be filed in the individual's record.

(2) Subsequent evaluations.

(a) An individual who had a significant (positive) reaction to a tuberculin skin test and whose physician certifies the absence of communicable tuberculosis must obtain chest x-rays on an annual basis for the following two years.

(i) The individual shall submit statements documenting the chest x-rays and certifying freedom from tuberculosis in a communicable form.

(ii) The statements shall be signed by a licensed physician, the physician's designee, or an official of a local health department.

(iii) The statement shall be filed in the individual's record.

(iv) Screening beyond two years is not required unless there is known contact with a case of tuberculosis or development of chronic respiratory symptoms.

(b) Additional screening is not required for an individual who had a non-significant (negative) reaction to an initial tuberculin skin test.

(c) Any individual who comes in contact with a known case of tuberculosis or who develops chronic respiratory symptoms shall, within 30 days or exposure or development, receive an evaluation in accordance with subdivision B 1 h (1) of this section.

(3) At the request of the licensed system or the Department of Education, a report of examination by a licensed physician shall be obtained when there are indications that the safety of children in care may be jeopardized by the physical or mental health of a specific individual.

(4) Any individual who, upon examination or as a result of tests, shows indication of a physical or mental condition which may jeopardize the safety of children in care:

(a) Shall immediately be removed from contact with children;

(b) Shall immediately be removed from contact with food served to children; and

(c) Shall not be allowed contact with children or food served to children until the conditions cleared to the satisfaction of the examining physician as evidenced by a signed statement from the physician.

i. Fire safety to include appropriate emergency plans for evacuation of the home. The member home shall comply with any limitations which may be placed by the Virginia Fire Safety Regulations on the maximum number of children who may be in care.

j. Record keeping to include the records to be maintained in the home on each child and the content and format of each record.

k. Each member home shall have a working telephone on the premises with a listed number. The phone number for a doctor who may be called in an emergency, an ambulance service or rescue squad, the fire department and the police shall be posted near the phone.

2. Approval determination.

a. Prior to approval of any home as a member of the system, the system shall determine that the home complies with the written criteria and requirements established by the system in accordance with subdivision B 1 of this section.

b. This determination of compliance shall be documented by a compliance investigation addressing, at minimum, the areas identified under subdivision B 1 of this section and an evaluation of all information provided as part of the application process.

c. The study shall also contain the following documentation:

(1) Health reports required by subdivision B 1 h of this section;

(2) Reports of at least three character references for the day-care member home provider and each member of the staff (These references shall be in writing or there shall be a written notation of verbal references.);

(3) A written record of previous training and experience of the day-care member home provider, if any; and

(4) Information to show how capacity was determined, including evaluation of any unusual conditions.

d. This study shall include interviews with all adult members of the household and at least two interviews with the day-care applicant or provider, one of which shall take place in the home where care will be provided to children.

3. Approval notification.

a. Within 30 days following the completion of the interviews required by subdivision B 2 d of this section, the system shall provide written notification to the applicant home of the results of the study, to include corrective action required.

b. If the home is approved, the notification to the provider shall include the capacity of the home. In no case shall the capacity exceed nine children, including children under six who are related by blood or marriage to the day-care member home provider.

c. If the day-care member home provider has responsibility for a handicapped person who requires special attention or services, this factor shall be considered in determining the approved capacity of the member home and the record of the home shall contain documentation of this evaluation.

d. If the home is approved, this notification shall be accompanied by an approval certificate which shall be posted in a place that is conspicuous to the public in each approved home.

4. Termination.

a. The system shall have written policies for suspension or termination of a member home.

b. The system shall notify the provider in writing of the reasons for suspension or termination within two weeks of such suspension or termination.

5. Annual approval. Each member home shall be approved annually. The same approval process shall be used as described in subdivisions B 1 through 3.

6. Monitoring.

a. Each member home shall be visited at least quarterly in order to assure that the home continues to comply with the system's standards.

(1) At least two of these visits shall be unannounced;

(2) The results of these visits shall be documented in the home's record.

b. The department, at any time, may make an announced or unannounced visit to a home that is a member of the system in order to assure continued compliance with the applicable provisions of this chapter. The results of such visits shall be provided to the system.

7. Annually the system shall provide the Office of Child Care Licensing Health and Safety a current directory of approved homes that are members of the system.

a. The initial directory shall be provided 30 days after the system's initial license to operate is issued.

b. An updated directory shall be provided with the system's application for license renewal.

c. The directory shall contain at minimum the following information:

(1) The name of the day-care member home provider;

(2) The address of the member home;

(3) The telephone number of the member home; and

(4) The approved capacity of the member home.

8. Copies of the notification of member home approval and termination, required by subdivisions B 3 a and B 4 b of this section, shall also be provided by the system to the Office of Child Care Licensing Health and Safety.

C. Training.

1. The licensee shall have on file at the system office separate written plans describing initial and on-going training of each provider. Each plan shall describe such training in detail and shall include a description of training topic covered, training materials used, frequency and duration of training sessions, persons and resources utilized within the system and from the community to implement training, names of trainers, training methodology, and the process used to evaluate the training program by both staff and providers.

2. Initial training.

a. Prior to acceptance or within the first six months after acceptance as a member home, the system shall provide initial training for each day-care member home provider.

b. Such training shall include at minimum a two-hour training session on each of the following areas, unless the system develops a method to certify equivalent competency in these subject areas. Such methods shall be subject to review and approval by the department.

(1) An orientation to the system;

(2) Organizing for family day care member homes;

(3) Child growth and development;

(4) Health care;

(5) First aid, home safety and fire safety;

(6) Nutrition;

(7) Child abuse and protection;

(8) Appropriate activities and toys for mixed age groups of children;

(9) Dealing with unacceptable behavior;

(10) Community resources;

(11) Parent and day-care member home provider relationships.

c. The licensee shall describe and document the content and hours of training received by each provider or the equivalent competency, or both. This documentation shall be kept on file at the system office as part of the day-care member home provider record required by 8VAC20-810-60 C 2.

3. On-going training.

a. Within each succeeding year, following the completion of initial training, the licensee shall provide at least two hours of on-going, in-service training to providers each quarter.

b. The content of this training shall be determined by the system and shall be based on the needs of approved day-care member home providers. At minimum, it shall reinforce or expand on the areas identified in subdivision C 2 b of this section.

c. The licensee shall describe and document the content and hours of training received by each provider and shall keep this documentation on file at the system office as part of the day-care member home provider record required by 8VAC20-810-60 C 2.

4. A provider who refuses to participate in training shall be terminated as a member home.

D. Technical assistance and consultation.

1. The system has the responsibility to provide technical assistance and consultation to member homes.

2. Technical assistance and consultation include, but shall not be limited to, the following areas:

a. Provision of information and advice on child development, methods of dealing with unacceptable behavior, fire safety, working with exceptional children, dealing with stress or crisis, etc.;

b. Loans of toys and equipment, if available;

c. Provision of information on training resources available in the community on an on-going basis and as appropriate; and

d. Nutrition and menu planning on an on-going basis.

3. Technical assistance and consultation provided to member homes shall be recorded in the day-care member home provider record required by 8VAC20-810-60 C 2 e (5).

A. Referral to system homes.

1. Children shall be referred only to homes which have been approved as required in subsection B of this section.

2. No child shall be referred to a home which has reached its approved capacity.

3. Referrals shall be made only after a personal interview between a representative of the system and the parent and child. Prior to acceptance of a child for care, the parent and child shall visit the home where care will be provided.

4. When a child is accepted for care and payment will be made by a local department of public welfare or social services, the system shall seek approval from that department prior to referral of the child for care.

5. When a child is accepted for care and a referral is made to a home that is a member of the system, there shall be a written agreement between the system and parent or guardian of the child. A copy of the signed agreement shall be given to the parent or guardian and a copy shall also be retained and filed by the system at the system office. Additionally, the requirements of subdivisions A 6 and A 7 also apply.

6. The child care agreement shall address the following items:

a. Child's name, birth date, home address, and home telephone number;

b. Names and addresses of parent or guardian and telephone number at which they can be reached during hours the child is in care;

c. A statement that a child brought to the home shall be left with a staff member and released only to the parent or other specified person ;

d. The hours the child will be in care;

e. The name, address, and telephone number of the child's physician;

f. Emergency medical authorization;

g. Transportation arrangements;

h. Notes of any special problems or needs of a child;

i. Granting or denying permission for field trips;

j. Granting or denying permission for participation in water activities, such as swimming and wading;

k. Any other referral information;

l. Agreement regarding the home in which the child will be placed;

m. Financial arrangements for care;

n. A statement that staff members of both the system and member home in which the child receives care shall be available for parent conferences;

o. Information regarding the means by which care will be provided in the event the primary day-care member home provider is ill, on vacation or other wise unavailable due to an emergency; and

p. Information regarding the role of the system in referral of children in care in a home that is terminated as a member of the system.

7. The child care agreement may be a one or two part agreement at the option of the system.

a. When a one part agreement is used it shall:

(1) Be signed by the parent of the child, a representative of the system and the day-care member home provider in whose home the child will receive care.

(2) A copy of this agreement shall be provided by the system to the member home in which the child will receive care.

b. When the system elects to use to two part agreement the following standards apply:

(1) Part one:

(a) Shall contain all items specified in subdivision A 6 except financial arrangements for care (See subdivision A 6 m);

(b) Be signed by the parent or parents of the child, a representative of the system and the day-care member home provider in whose home the child will receive care; and

(c) A copy shall be provided by the system to the member home in which the child will receive care.

(2) Part two:

(a) Shall contain the financial information required by subdivision A 6 m and any other information that the system deems appropriate;

(b) Shall be signed by the parent s of the child and a representative of the system.

8. Health requirements for children.

a. Timing and frequency of medical reports:

(1) Each child accepted for care shall obtain a physical examination by or under the direction of a licensed physician prior to admission (as outlined below) or within 30 days after admission:

(a) Within 60 days prior to admission for children six months of age and younger;

(b) Within 90 days prior to admission for children seven months through 18 months of age;

(c) Within six months prior to admission for children 19 months through 24 months of age;

(d) Within 12 months prior to admission for children two years of age through five years of age;

(e) Within 24 months prior to admission for children six years of age and above.

EXCEPTIONS:

(i) Children transferring from one facility licensed by the Virginia Department of Education, certified by a local department of social services, or approved by a licensed family day home-based child care system:

If the initial report of physical examination and immunizations is submitted to the new home, no additional examination is required. If the initial report is not available, a report of physical examination and immunizations is required.

(ii) Physical examinations are not required for any child whose parent or guardian objects on religious ground. The parent or guardian must submit a statement noting that the parents or guardian objects on religious grounds and certifying that, to the best of the parent's or guardian's knowledge, the child is in good health and free from communicable and contagious disease.

(2) Medical reports after admission:

(a) Updated information on immunizations received shall be obtained once every six months for children under the age of two years.

(b) Updated information on immunizations received shall be obtained once between each child's fourth and fifth birthdays.

b. Form and content of medical reports:

(1) The current form approved by the Virginia Department of Health, or any other form which provides all of the same information shall be used to record immunizations received and the results of the required physical examination.

(2) Each report shall include the date of the physical examination or the dates immunizations were received, or both.

(3) Each report shall be signed by a licensed physician, the physician's designee, or an official of a local department of health.

EXCEPTION: Documentation of immunizations received is not required for any child whose parent or guardian submits an affidavit to the center stating that the administration of immunizing agents conflicts with the parent's or child's religious tenets or practices.

9. An emergency medical authorization form shall be provided the home at the time the child enters care. (NOTE: At the discretion of the system this form may be part of the child care agreement required by subdivision A 6.)

a. The emergency medical authorization form shall be signed by the parent or parents, the provider, and a representative of the system.

b. A copy of the signed emergency medical authorization form shall also be filed in the child's record that is maintained in the system's office.

10. The system shall make arrangements for substitute or back-up care when a day-care provider in a member home needs assistance in any emergency or during illness or vacation. Such care may be provided by a staff person approved as a system assistant or another member provider with available enrollment capacity.

11. They system shall confer with the parent of each child at least twice a year concerning the child's progress and the parents' view of the adequacy of care being provided. This contact may be by telephone or in person at the discretion of the parent or parents involved.

B. Referral to health and social services.

1. The licensee shall have on file a written plan describing how the need for medical and social services is determined and how social services are made available, either within the system or by arrangement with specific public or private community agencies, or both. This written plan shall include the system's policy and procedures for referral of children and their parents to appropriate social, mental health, welfare and medical services.

2. The licensee shall maintain a written record of all referrals of children and their families to social, mental health, welfare, and medical services which shall include the results of such referrals, when reports of such results are provided to the system.

C. Complaint investigation. The family day home-based child care system shall be responsible for investigation of any complaint received on any home that is a member of its system. When a system receives such a complaint, the following Standards apply:

1. The complaint shall be recorded on a complaint record which shall include at minimum the information required by 8VAC20-810-60 C 5 b.

2. A copy of this completed record shall be placed in the file of the home against which the complaint was made and a copy shall be provided to the Office of Child Care Licensing Health and Safety. This copy shall be provided within 10 days of the date the complaint investigation is completed.

3. When the complaint concerns a specific child, a copy of the completed record shall be placed in the file of the child.

4. A complete investigation shall be made, by the licensee, of each complaint received. This investigation shall:

a. Be initiated within five working days following the receipt of the complaint:

b. Completed within 14 days following receipt of the complaint; and

c. Include at least one visit to the family day-care home member home on which the complaint was received.

5. If the complaint is found to be valid, corrective action shall be initiated immediately.

6. When the complaint includes an accusation of child abuse or neglect, the following Standards also apply:

a. The complainant shall be referred to the protective services unit of the local department of social services in the locality where the home is located.

b. The family day home-based child care system shall notify the local department of social services child protective services' staff member immediately and provide all information regarding the complaint. The oral notification shall be confirmed in writing within 72 hours and a copy placed in the file of the home against which the complaint was made. Simultaneously, a copy of this written notification shall also be provided to the Office of Child Care Licensing Health and Safety.

c. The system shall make its own investigation within 24 hours. A joint investigation by the protective services worker of the local department of social services and a representative of the system is encouraged to the maximum extent possible.

A. General requirements.

1. Any forms used for record keeping shall contain at minimum the information specified in these Standards. Model forms, which may be copied, will be supplied by the department upon request.

2. If any model form developed by the department is not used, the substitute form shall be approved by the department.

3. All records shall be kept in a locked area.

4. The licensee shall have the responsibility for assuring that all records are treated confidentially and that information shall be made available only when needed for proper care of the children referred to homes who are members of the system. (EXCEPTION: All records shall be made available for inspection by the department's representative. See 8VAC20-810-10 D 3 b.)

B. Written policies and procedures. The following written policies and procedures shall be developed by the system. Copies shall be maintained in a permanent file within the system office. Those so identified shall also be permanently filed in homes that are members of the system.

1. Policies and procedures pertaining to operation and management of the system:

a. Written goals which clearly describe the philosophy and objectives of the family day home-based child care system and address those areas specified in 8VAC20-810-20 C 1. A copy of these written goals shall be provided to each home that is a member of the system.

b. Written policies and procedures which address system services to be provided to member homes and services to be provided to children and their families. ( 8VAC20-810-20 C 2.) Copies of these policies and procedures which relate to services to be provided to member homes and to children and their families shall be provided to each home that is a member of the system.

c. Written by-laws, when the family day home-based child care system is sponsored by an association or corporation.

2. Policies and procedures pertaining to staff employed in the system office.

a. A written job description for each staff position which exists in the system office. Each job description shall address the areas identified in 8VAC20-810-30 B 1.

b. Written policies which outline personnel practices as they affect both the employer and employee. These policies shall include the areas identified in 8VAC20-810-30 B 3.

c. Written requirements for the screening and selection of volunteers, if volunteers are used. (See 8VAC20-810-30 D 2.)

d. Written definition of the duties and responsibilities of volunteers. (See 8VAC20-810-30 D 3.)

3. Policies and procedures pertaining to member homes.

a. Policies and procedures which describe the selection, evaluation, approval and general management of homes which are members of the system and cover at minimum those areas specified in 8VAC20-810-40 A 1.

b. Specific criteria and requirements which family day homes member homes must meet to be approved as members of the system. At minimum these criteria and requirements shall address the areas specified in 8VAC20-810-40 B 1.

c. Policies for suspension or termination of a home that is a member of the system. (See 8VAC20-810-40 B 1.)

d. Copies of the policies and procedures, required by subdivisions B 3 a, b, and c shall be provided to each home that is a member of the system.

C. System records. The following records shall be maintained by the system in a permanent file within the system office. Those so identified shall also be provided to each home that is a member of the system.

1. Records on the system.

a. An organization chart (See 8VAC20-810-20 B 3 h.)

b. Financial records which are consistent with generally accepted accounting principles and reflect a separation of system accounts form all other records. (See 8VAC20-810-20 D 2.)

c. An inventory of all real property and equipment belonging to the system. (See 8VAC20-810-20 B 3 1.)

d. A schedule of fees charged for services provided. (See 8VAC20-810-20 D 3 a.)

e. A schedule of payments to be made to homes that are members of the system which contains the items required by 8VAC20-810-20 D 3 b. A copy of this schedule shall be provided to each home who is a member of the system.

f. Minutes of all meetings of the corporate or association governing board. (See 8VAC20-810-20 B 2 b.)

2. Records on homes who are members of the system.

a. An individual record shall be maintained on each home that is approved as a member of the system.

b. This record shall be established when the home applies for membership in the system and shall be maintained in the system office.

c. The record shall be kept current.

d. The complete record shall be retained until two years after the home withdraws or is terminated as a member of the system.

e. It shall contain at minimum the following information and documentation:

(1) A copy of the agreement with the member home as required by 8VAC20-810-40 A 2 a. A copy of this agreement shall be on file in the member home.

(2) A copy of each compliance study completed on the home and required by 8VAC20-810-40 B 2 b.

(3) The report of each quarterly visit to the home as required by 8VAC20-810-40 B 6 a (2).

(4) A record containing the name of each child who has been referred to the home for care, the date of referral and in those cases where care has been terminated, the date and reason for termination.

(5) A notation of all technical assistance and consultation provided to the home as required by 8VAC20-810-40 D 3.

(6) The following personal and social data on each day-care member home provider.

(a) Name;

(b) Birthdate;

(c) Current address and telephone number;

(d) Last previous employment;

(e) For providers who are accepted as members of the system after the effective date of these Standards, copies of at least three references or notations of verbal references reflecting the date of the reference, the source and the content;

(f) A statement signed by the day-care member home provider reporting any convictions of law violations excluding traffic violations and offenses committed before his or her eighteenth birthday which were finally adjudicated in a juvenile court or under a youth offender law;

(g) Previous experience or training, or both;

(h) Social Security number;

(i) Name and telephone number of person to contact in an emergency; and

(j) Date and reason for termination as a member of the system.

(7) The following personal and social data for each person employed by the provider as a staff member in the home:

(a) Name;

(b) Birthdate;

(c) Current address and telephone number;

(d) Position and date employed;

(e) Last previous employment;

(f) For persons who are employed after the effective date of this chapter, copies of at least two character references or notations of verbal references reflecting the date of the reference, the source and the content;

(g) A statement signed by the staff member reporting any convictions of law violations excluding traffic violations and offenses committed before the staff member's eighteenth birthday which were finally adjudicated in a juvenile court or under a youth offender law;

(h) Previous experience or training, or both;

(i) Social Security number;

(j) Name and telephone number of person to contact in an emergency;

(k) Notations of formal training received following employment; and

(l) Date and reason for termination of employment.

(8) The health related statements required by 8VAC20-810-40 B 1 h.

(9) The provider training plan, the record of initial provider training and the record of on-going provider training required by 8VAC20-810-40 C 1, C 2 c, and C 3 c.

(10) A copy of the record of each complaint received on the home as required by 8VAC20-810-50 C 2. (See subdivision C 5 for content of this record.)

3. Records of persons employed in the system office.

a. An individual record shall be maintained on each staff member employed in the system office.

b. This record shall be established when the individual is employed and shall not be destroyed until two years after employment is terminated.

c. The record shall be kept current.

d. It shall contain at minimum the following:

(1) Personal and social data:

(a) Name;

(b) Birthdate;

(c) Current address and telephone number;

(d) Position and date employed;

(e) Last previous employment;

(f) For persons employed after the effective date of this chapter, copies of at least three references or notations of verbal references reflecting the date of the reference, the source and the content;

(g) A statement signed by the employee reporting any convictions of law violations excluding traffic violations and offenses committed before the employee's eighteenth birthday which were finally adjudicated in a juvenile court or under a youth offender law;

(h) Previous experience or training, or both;

(i) Social Security number;

(j) Name and telephone number of person to contact in an emergency;

(k) Notations of formal training received following employment; and

(l) Date and reason for termination of employment.

(2) The record of staff orientation required by 8VAC20-810-30 C 3 a.

(3) The annual plan for in-service training required by 8VAC20-810-30 C 3 c.

4. Records on children referred for care.

a. An individual record shall be maintained on each child accepted by the system and referred to a member home for care.

b. This record shall be established when the child is accepted for care.

c. The record shall be kept current.

d. It shall contain at a minimum the following:

(1) A copy of the child care agreement required by 8VAC20-810-50 A 5, A 6, and A 7;

(2) A record of placement which contains the name of each home in which the child has received care, the date referred for care and the date and reason care was terminated;

(3) A copy of the medical information required by 8VAC20-810-50 A 8;

(4) A copy of the emergency medical authorization form required by 8VAC20-810-50 A 9;

(5) A record or each referral of the child and/or the family to social, mental health, welfare and medical services as required by 8VAC20-810-50 B 2.

e. A copy of the records required by subdivisions C 4 d (3) and C 4 d (4), shall be on file in the member home in which the child is provided care.

5. Complaint records.

a. Each complaint shall be recorded on a complaint record. (See 8VAC20-810-50 C 1.)

b. The complaint record shall include at minimum the following information:

(1) Name and address of the family day-care home member home;

(2) Name, address and telephone number of the complainant;

(3) Method by which the complaint was made, including the date and time received;

(4) Person receiving the complaint;

(5) A description of the complaint, including dates and times, where applicable;

(6) Findings and action taken to include whether the complaint was found to be valid, invalid or validity not clearly determined;

(7) The name of the person or persons who investigated the complaint and the date the investigation was completed; and

(8) The date the complainant was notified of the results of the investigation.

c. When the complaint includes an accusation of child abuse or neglect, a copy of the written notification required by 8VAC20-810-50 C 6 shall be attached to the complaint record and filed as a permanent part of that record.

d. Release of information regarding the identity of the complainant shall be governed by the provisions of the Privacy Protection Act, Chapter 26 (§ 2.1-377 et seq.) of Title 2.1 of the Code of Virginia.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

"Applicant" means any person that has applied for any license to operate or maintain a child day program or family day home-based child care system.

"Background check" means (i) a sworn statement or affirmation; (ii) a fingerprint-based national criminal background check; (iii) a Virginia child protective services central registry check; and (iv) a check of the child abuse and neglect registry , criminal history record report , and sex offender registry for any state an individual has resided in within the past five years.

"Barrier crime" means a conviction defined as a barrier crime in § 19.2-392.02 of the Code of Virginia and shall include prior adult convictions 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.

"Board" means the Virginia Board of Education.

"Child day center" means a child day program offered to (i) two or more children 13 years of age or younger in a facility that is not the residence of the provider or any of the children in care or (ii) 13 or more children at any location.

"Child day program" means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child 13 years of age or younger for less than a 24-hour period.

"Conditional license" means a license that may be issued to a new facility to operate in order to permit the applicant to demonstrate compliance with licensing standards.

"Consent agreement" means a written agreement between an applicant or licensee and the department that the applicant or licensee will perform specific actions for the purpose of correcting violations to come into compliance with licensing standards or laws.

"Day" means a calendar day, unless otherwise specified.

"Denial" means the act of refusing to approve an initial application for license or a license renewal application for violations of any provision of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia or failure to comply with the limitations and licensing standards set forth in a license.

"Department" means the Virginia Department of Education.

"Family day home" means a child day program offered in the residence of the provider or the home of any of the children in care for at least one but no more than 12 children 13 years of age or younger, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of a licensed family day home shall disclose to the parents or guardians of children in the provider's care the percentage of time per week that persons other than the provider will care for the children. Family day homes serving at least five but no more than 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no family day home shall care for more than four children younger than two years of age, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. A family day home where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.

"Family day system" means any person who approves family day homes as members of its system; who refers children to available family day homes in that system; and who, through contractual arrangements, may provide central administrative functions, including training of operators of family day homes; technical assistance and consultation to operators of member homes; inspection, supervision, monitoring, and evaluation of member homes; and referral of children to available health and social services.

"Final order" means a notification to a provider or facility of the department's final case decision to deny or revoke a license, exemption, or registration for child day programs or to summarily suspend part or all operations during an appeal of denial or revocation. ]

"Functional design" means the design features of buildings and grounds not regulated by the building code that are subject to licensing standards.

"Good character and reputation" or "good moral character and reputation" means a determination by the superintendent that an individual (i) maintains business or professional, family, and community relationships that are characterized by honesty, fairness, truthfulness, and dependability and (ii) is able to transact business in the Commonwealth and suitable to administer a program for the care, supervision, and protection of children.

"Home-based child care" means a child day program offered in the residence of the provider or the home of any of the child in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of licensed or registered home-based child care shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. Home-based child care in which five through 12 children are served, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no more than four children under the age of two shall be served in home-based care, including the provider's own children and any children who reside in the home, unless the home-based child care is licensed or voluntarily registered. However, home-based child care where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.

"Home-based child care system" means any person who approves providers of home-based child care as members of its system; who refers children to available home-based child care in that system; and who, through contractual arrangement, may provide central administrative functions including the training of operators of member homes; technical assistance and consultation to operators of member homes; inspection, supervision, monitoring, and evaluation of member homes; and referral of children to available health and social services.

"License" means a license that is issued pursuant to § 22.1-289.011 of the Code of Virginia to any person who constitutes, or who operates or maintains, a child day program or family day home-based child care system.

"Licensee" means any person to whom a conditional license, a license, or a provisional license has been issued and who is legally responsible for compliance with the licensing standards related to the operation or maintenance of the child day program or family day home-based child care system.

"Licensing standards" or "standards" means the standards of care and safety for operation of a child day program or family day home-based child care system as set forth in this chapter, Chapter 14.1 of Title 22.1 of the Code of Virginia, the Standards for Licensed Child Day Centers (8VAC20-780), the Standards for Licensed Family Day Homes Home-Based Child Care (8VAC20-800), or the Minimum Standards for Licensed Family Day Home-Based Child Care Systems (8VAC20-810).

"Living in" means staying at a child day center or family day home home-based child care program for more than 30 days out of a 45-day period.

"Person" means any individual; corporation; partnership; association; limited liability company; local government; state agency, including any department, institution, authority, instrumentality, board, or other administrative agency of the Commonwealth; or other legal or commercial entity that operates or maintains a child day program or family day home-based child care system.

"Provisional license" means a license that may be issued when a licensee is temporarily unable to comply substantially with all of the requirements of the licensing standards.

"Registered" means a family day home home-based child care provider that has met the standards for voluntary registration set forth in Voluntary Registration of Family Day Homes Home-Based Child Care (8VAC20-850).

"Revocation" means the act of terminating a license during its effective dates for violations of any provision of Chapter 14.1 of Title 22.1 of the Code of Virginia or failure to comply with the limitations and standards set forth in a license.

"Special order" means an order imposing an administrative sanction issued to any party licensed pursuant to Title 22.1 of the Code of Virginia by the superintendent that has a stated duration of not more than 12 months. A special order is considered a case decision as defined in § 2.2-4001 of the Code of Virginia. The 12-month period begins 30 days after notification of the issuance of a special order or at the conclusion of all appeal steps.

"Superintendent" means the Superintendent of Public Instruction at the Department of Education and, except when prohibited by law, includes the superintendent's representatives.

"Sworn statement or affirmation" means a signed statement completed by a person attesting to whether the person has ever been (i) convicted of or the subject of pending charges of any crime within or outside the Commonwealth or an equivalent offense outside the Commonwealth or (ii) the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.

"Variance" means a written determination by the superintendent that (i) a licensee or applicant for licensure as a child day program or family day home-based child care system has demonstrated that implementation of a regulation promulgated by the board would impose a substantial financial or programmatic hardship and (ii) the suspension or modified implementation of the regulation would not adversely affect the safety and well-being of children in care.

Every person that constitutes or that operates or maintains a child day program or family day home-based child care system as defined in Title 22.1 of the Code of Virginia shall obtain the appropriate license from the superintendent, which may be renewed.

A. A license is issued to a specific person. A license is not transferable from one person to another.

B. A license issued under this chapter shall expire two years from the effective date of the license. The superintendent may extend or shorten the duration of licensure periods for a child day program or family day home-based child care system whenever, at the superintendent's sole discretion, it is administratively necessary to redistribute the workload for greater efficiency in staff utilization.

C. A license shall be issued on a form prescribed by the superintendent.

D. The license and any other documents required by the superintendent shall be posted in a conspicuous place on the licensed premises.

E. A license shall be issued with the following terms:

1. The name of the person to whom the license is issued;

2. The date the license is effective and the date the license expires;

3. The name in which the licensee is doing business;

4. The physical location of the facility;

5. The maximum number of children who may be in care at any time;

6. The age range of children for whom care may be provided; and

7. Any other stipulations or conditions that the superintendent may prescribe within the context of the licensing standards or laws.

F. Any administrative sanction imposed by a special order or any sanction imposed by a final order shall be considered a term of the license.

A. Each application for licensure shall be made to the superintendent on the form prescribed by the superintendent, and shall include the following information:

1. The name and address of the applicant;

2. If the applicant is an association, partnership, limited liability company, or corporation, the name and address of the business entity and the names of its partners, members, officers, directors, or agents;

3. A description of the activities proposed to be engaged in;

4. A description of the facilities and services to be employed; and

5. Additional information as required by the superintendent as part of the application process.

B. The applicant shall submit a completed application, including all required documentation, and fee to the superintendent. No applicant may begin operations for which a license is required before being issued a license or a conditional license by the superintendent.

C. Every applicant for licensure as a child day program or family day home-based child care system shall have the following qualifications:

1. The applicant and any of the applicant's partners, members, officers, directors, or agents shall be of good character and reputation.

2. The applicant and any of the applicant's partners, members, officers, directors, or agents shall submit to a background check in accordance with licensing standards.

3. The applicant shall disclose whether the applicant or any of the applicant's partners, members, officers, directors, or agents has ever had a license issued by any local, state, or national regulatory body that has been revoked, suspended, denied, or surrendered instead of an adverse action.

4. The applicant and any of the applicant's partners, members, officers, directors, or agents shall be at least 18 years of age.

5. The applicant shall demonstrate financial responsibility.

6. The applicant shall have completed a prelicensure orientation offered through or approved by the superintendent that focuses on health and safety standards, application processes, background check requirements, and general licensure requirements.

a. The superintendent may, at the superintendent's discretion, waive the prelicensure orientation requirement or issue a license conditioned upon the applicant's completion of the prelicensure orientation program.

b. Applicants who have previously completed the prelicensure orientation program training and have not been subject to a license denial or revocation shall not be required to complete the prelicensure orientation program a second time.

7. The applicant shall demonstrate compliance with all applicable licensing standards.

D. Applicants for licensure as a child day center shall meet the requirements of 8VAC20-821-50 regarding buildings and functional design.

E. The applicant shall at all times allow the superintendent reasonable access and opportunity to make on-site inspection of the facility in order to determine compliance with applicable licensing standards.

F. The applicant shall allow the superintendent reasonable opportunity to inspect the applicant's records. Records that contain confidential proprietary information furnished to the department pursuant to this section shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5 of the Code of Virginia.

G. The applicant shall allow the superintendent to interview the applicant's agents and employees and any person living or participating in the applicant's facilities or under the applicant's custody, control, direction, or supervision in accordance with subsection A of § 22.1-289.018 of the Code of Virginia.

H. It is the responsibility of the applicant to demonstrate qualifications for licensure and compliance with licensing standards. All determinations of qualification and compliance shall be at the discretion of the superintendent. Failure to demonstrate qualifications and compliance for licensure may constitute grounds for denying a license.

I. A license shall not be issued to an applicant who does not constitute or who does not operate or maintain a child day program or family day home-based child care system as defined in Title 22.1 of the Code of Virginia.

A. Buildings for applicants as child day programs or family day home-based child care systems shall be classified by and meet the specifications for the proper Use Group as required by the Virginia Uniform Statewide Building Code (13VAC5-63).

B. An applicant for licensure as a child day center shall submit inspection reports from state or local fire authorities, as applicable, to determine compliance of the building with the Virginia Statewide Fire Prevention Code (13VAC5-51).

C. An applicant for licensure as a child day center shall submit inspection reports from state or local health authorities that shall include an inspection of general sanitation and, if applicable, water supply, sewage disposal systems, and food service operations for the building in which the facility is operated.

D. The building used by an applicant as a child day center shall meet all functional design requirements before approval for licensure.

E. Applicants are encouraged to consult as early as possible with the department regarding building plans and licensing standards in order to avoid noncompliance.

When issuance of a license for a child day program or family day home-based child care system has been refused by the superintendent, the applicant shall not thereafter for a period of six months apply again for the license, unless the superintendent in the superintendent's sole discretion believes that there has been a change in the conditions on account of which the license was refused as to justify considering a new application. When an appeal is taken by the applicant pursuant to subsection A of § 22.1-289.024 of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal.

A. Before the expiration date shown on the license, a licensee desiring to renew a license shall return to the superintendent a completed renewal application and appropriate fee. Failure to receive notices from the superintendent regarding license renewal does not relieve the licensee of the obligation to renew.

B. The renewal applicant shall have met the requirements of 8VAC20-821-50 regarding the approval of buildings and functional design.

C. The renewal applicant shall demonstrate compliance with licensing standards.

D. As required by Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia, the renewal applicant and any of the applicant's partners, members, officers, directors, or agents shall submit to a background check in accordance with licensing standards.

E. The renewal applicant shall at all times allow the superintendent reasonable access and opportunity to make on-site inspection of the proposed facility to determine compliance with licensing standards. The on-site inspections may occur at any time during the license term and may be unannounced.

F. The renewal applicant shall at all times allow the superintendent reasonable opportunity to inspect the renewal applicant's records. Records that contain confidential proprietary information furnished to the department pursuant to this section shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5 of the Code of Virginia.

G. The renewal applicant shall at all times allow the superintendent to interview any person under the renewal applicant's custody, control, direction, or supervision. Interviews shall be (i) authorized by the person to be interviewed or the person's legally authorized representative and (ii) limited to discussion of issues related to the applicant's compliance with applicable laws and licensing standards.

H. It is the responsibility of the renewal applicant to demonstrate that the licensee meets all qualifications for renewal. All determinations of qualifications shall be at the discretion of the superintendent. Failure to demonstrate qualifications for licensure shall constitute grounds for denying a license renewal.

I. A license will not be renewed for a licensee who does not constitute or who does not operate or maintain a child day program or family day home-based child care system as defined in Title 22.1 of the Code of Virginia during the licensure period immediately preceding renewal.

A. The superintendent may refuse a renewal application for (i) failure to meet the qualifications for renewal or violation of licensing standards or (ii) failure to comply with the terms of a special order or final order issued by the superintendent.

B. When renewal of a license for a child day program or family day home-based child care system has been refused by the superintendent, the applicant shall not, for a period of six months, apply again for the license, unless the superintendent in the superintendent's sole discretion believes that there has been a change in the conditions on account of which the license was refused as to justify considering a new application. When an appeal is taken by the applicant pursuant to subsection A of § 22.1-289.024 of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal.

A. The fee required for each child day program will be based on its licensed capacity. The following fee schedule applies to child day programs that operate at least 12 weeks of a 12-month period:

B. The following fee schedule applies to child day programs that operate less than 12 weeks of a 12-month period:

C. Family day Home-based child care systems will be subject to a license fee of $140.

D. A fee will be charged for checks that must be returned to the applicant because of insufficient funds.

A. Any person required to have a background check shall follow the provisions of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia regarding background checks.

B. Any person 14 years of age or older living in the home of a in which licensed or registered family day home home-based child care is provided shall request a Virginia child protective services central registry check within seven days of reaching 14 years of age or beginning to live in the home.

A. No child day center, family day home home-based child care, or family day home-based child care system licensed in accordance with the provisions of this chapter, child day center exempt from licensure pursuant to § 22.1-289.031 of the Code of Virginia, registered family day home home-based child care, family day home home-based child care approved by a family day home-based child care system, or child day center, family day home home-based child care, or child day program that enters into a contract with the department or its agents or designees to provide child care services funded by the Child Care and Development Block Grant shall hire for compensated employment, continue to employ, or permit to serve as a volunteer who will be alone with, in control of, or supervising children any person who (i) has been convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.

B. Notwithstanding the provisions of subsection A of this section, a child day center may hire for compensated employment persons who have been convicted of not more than one misdemeanor offense under § 18.2-57 of the Code of Virginia, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a child day center or the object of the offense was a minor.

C. If any person specified in subsection A of § 22.1-289.036 of the Code of Virginia (i) has been convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and the person has not been granted a waiver by the superintendent pursuant to § 22.1-289.038 of the Code of Virginia, no license as a child day center, family day home home-based child care, or family day home-based child care system or registration as a family day home home-based child care shall be granted by the superintendent and no approval as a family day home home-based child care shall be granted by the family day home-based child care system.

D. No person specified in subsection A of § 22.1-289.036 of the Code of Virginia shall be involved in the day-to-day operations of the child day center, family day home home-based child care, or family day home-based child care system, or shall be alone with, in control of, or supervising one or more children, without first having completed any required background check.

E. Dissemination of background check information is prohibited other than to the superintendent or a federal or state authority or court as may be required to comply with an express requirement of law for further dissemination.

The child day program or family day home-based child care system, the department, or the registering or approving authority may require a new background check if there is reason to suspect that a person required to have a background check has a disqualifying background.

A. A child day program or family day home-based child care system shall keep background check records at its place of business for at least two years after an individual required to have a background check terminates duties with a facility or no longer resides in the home, unless federal or state law or regulation requires the records to be kept for longer. If multiple child day programs are owned by the same entity, the records may be kept at a single location and shall be made available to the superintendent upon request.

B. Background check records shall be kept in locked files or a secure electronic file, and access to the files should be restricted according to a principle of least privilege.

C. Family day Home-based Child Care systems shall keep background check records for family day homes home-based child care providers approved by the system.

A. Any person who seeks to operate, volunteer, or work at a child day program or family day home-based child care system and who is disqualified because of a criminal conviction or a criminal conviction in the background check of any other adult living in a family day home the home in which home-based child care regulated by the department is provided, pursuant to § 22.1-289.035, 22.1-289.036, or 22.1-289.039 of the Code of Virginia, may apply in writing for a waiver from the superintendent. The superintendent may grant a waiver if the superintendent determines that (i) the person is of good moral character and reputation and (ii) the waiver would not adversely affect the safety and well-being of children in the person's care.

B. The superintendent shall not grant a waiver to any person who has been convicted of any barrier crime.

C. The superintendent may grant a waiver to a family day home home-based child care licensed or registered by the department if any other adult living in the home of the applicant or provider has been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2 of the Code of Virginia, or any substantially similar offense under the laws of another jurisdiction, provided that (i) five years have elapsed following the conviction and (ii) the department has conducted a home study that includes (a) an assessment of the safety of children placed in the home and (b) a determination that the offender is now a person of good moral character and reputation. The waiver shall not be granted if the adult living in the home is an assistant or substitute provider or if the adult has been convicted of a misdemeanor offense under both §§ 18.2-57 and 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction.

D. The request for a waiver shall be submitted on a form prescribed by the superintendent.

E. Waivers are granted at the discretion of the superintendent and are not subject to appeal.

F. A waiver is granted to a specific person and shall include the following:

1. The name of the individual who is the subject of the waiver;

2. The name and location of the child day program or family day home-based child care system;

3. The effective date of the waiver;

4. Any stipulations or conditions upon which the waiver is granted;

5. The criminal conviction for which the waiver is granted;

6. The date of the criminal conviction; and

7. The signature of the superintendent.

G. A person to whom a waiver is granted shall notify the superintendent if any of the terms, stipulations, or conditions upon which the waiver was granted have changed and shall request a modification from the superintendent if appropriate.

H. The superintendent may rescind a waiver if the superintendent determines that (i) the waiver application contained materially false or misleading information, (ii) the stipulations or conditions upon which the waiver was granted have been violated, or (iii) the person no longer meets the criteria for a waiver.

I. A waiver automatically expires when the individual who is the subject of the waiver no longer lives in the home.

A. The child day program or family day home-based child care system shall post any waiver granted by the superintendent in a conspicuous place at the location listed on the waiver.

B. Any waiver granted under this section shall be available for inspection by the public. The child day program or family day home-based child care system shall notify in writing every parent of the children in its care of any waiver granted by the superintendent, as well as notify in writing the parent of any child enrolled after the waiver becomes effective.

The following are prohibited acts by an applicant or licensee and may be subject to enforcement and sanctions:

1. Furnishing substantially inaccurate or incomplete information to the superintendent in obtaining, renewing, reinstating, or maintaining a license;

2. Making any materially false or misleading statement to the superintendent with respect to the operation of any child day program or family day home-based child care system;

3. Failure to operate within the terms of a license or variance;

4. Failure to obtain from the superintendent a modification pursuant to 8VAC20-821-60 or variance pursuant to 8VAC20-821-70 before making programmatic or operational changes for which a modification or variance is required;

5. Failure to obtain a background check in accordance with Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia;

6. Failure to post the following documents in a conspicuous location on the premises of each facility:

a. The most recently issued license ;

b. Any conditional or provisional license, which shall be posted at each public entrance of the facility, and a notice, which shall be prominently displayed next to the license, that states that a description of specific violations of licensing standards to be corrected and the deadline for completion of such corrections is available for inspection at the facility or on the facility's website, if applicable;

c. Notice of the superintendent's intent to revoke or deny renewal of the license of a child day program or family day home-based child care system. The notice will be provided by the department and shall be posted in a prominent place at each public entrance of the facility to advise consumers of serious or persistent violations;

d. A copy of any final order of summary suspension of all or part of a license for a child day program or family day home-based child care system operated by an agency of the Commonwealth shall be prominently displayed by the provider at each public entrance of the facility, or the provider may display a written statement summarizing the terms of the order, printed in clear and legible size and typeface, in a prominent location and identifying the location within the facility where the final order of summary suspension may be reviewed;

e. Any notice of the superintendent's intent to take any of the actions enumerated in subdivisions B 1 through B 6 of § 22.1-289.023 of the Code of Virginia. The notice will be provided by the department, and a copy of the notice shall be posted in a prominent place at each public entrance of the facility to advise consumers of serious or persistent violations;

f. A copy of any special order issued by the department shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations; and

g. Any other documents required by the superintendent;

7. Failure to correct any area of noncompliance found during any inspection;

8. Permitting, aiding, or abetting the commission of any illegal act in the licensed facility ;

9. A licensee being convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia or being the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

10. Hiring for compensated employment, continuing to employ, or permitting to serve as a volunteer who will be alone with, in control of, or supervising children any person who (i) has been convicted of any barrier crime as defined in § 19.2-392.02 of the Code of Virginia or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

11. Failure to notify the superintendent that anyone required to have a background check under § 22.1-289.036 of the Code of Virginia has been convicted of a barrier crime as defined in § 19.2-392.02 of the Code of Virginia or is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

12. Engaging in conduct or practices that are in violation of laws or regulations relating to abuse, neglect, or exploitation of children;

13. Interfering with the superintendent in the discharge of the superintendent's licensing duties, which includes forbidding the superintendent access to a location when at least one child is in care; and

14. Failure to comply with the terms of a special order or final order issued by the superintendent

A. Notwithstanding any other provision of law, following a proceeding as provided in § 2.2-4019 of the Code of Virginia, the superintendent may issue a special order for the following:

1. Violation of any of the provisions or any regulation adopted under the provisions of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia or § 54.1-3408 of the Code of Virginia for which violation adversely affects or is an imminent and substantial threat to the health, safety, or welfare of the person being cared for ; or

2. Permitting, aiding, or abetting the commission of any illegal act in a child day program or family day home-based child care system.

B. Notice of the superintendent's intent to take any of the actions enumerated in subdivisions C 1 through C 6 of this section shall be provided by the department, and a copy of such notice shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations. The issuance of a special order shall be considered a case decision as defined in § 2.2-4001 of the Code of Virginia. Actions set forth in subsection C of this section may be appealed by (i) a child day program or family day home-based child care system operated by an agency of the Commonwealth in accordance with § 22.1-289.025 of the Code of Virginia or (ii) any other child day program or family day home-based child care system in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The superintendent shall not delegate the superintendent's authority to impose civil penalties in conjunction with the issuance of special orders.

C. The superintendent may take the following actions regarding child day programs and family day home-based child care systems through the issuance of a special order and may require a copy of the special order provided by the department to be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations:

1. Place a licensee on probation upon finding that the licensee is substantially out of compliance with the terms of the license and that the health and safety of children is at risk;

2. Reduce the licensed capacity or prohibit new admissions when the superintendent concludes that the licensee cannot make necessary corrections to achieve compliance with regulations except by a temporary restriction of its scope of service;

3. Mandate training for the licensee or licensee's employees, with any costs to be borne by the licensee, when the superintendent concludes that the lack of the training has led directly to violations of regulations;

4. Assess civil penalties of not more than $500 per inspection upon finding that the child day program or family day home-based child care system is substantially out of compliance with the terms of its license and the health and safety of children is at risk; however, no civil penalty shall be imposed pursuant to this subdivision on any child day program or family day home-based child care system operated by an agency of the Commonwealth;

5. Require licensees to contact parents, guardians, or other responsible persons in writing regarding health and safety violations; and

6. Prevent licensees who are substantially out of compliance with the licensure terms or in violation of the regulations from receiving public funds.

The superintendent may revoke or deny the renewal of the license of any child day program or family day home-based child care system that violates any provision of this chapter, Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia, or fails to comply with the limitations and standards set forth in its license.

The superintendent may, in accordance with the provisions of § 22.1-289.022 of the Code of Virginia, issue a notice of summary suspension of the license of any child day program or family day home-based child care system, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the child day program or family day home-based child care system that pose an immediate and substantial threat to the health, safety, and welfare of the children receiving care, and the superintendent believes the operation of the child day program or family day home-based child care system should be suspended during the pendency of the proceeding.

A. Whenever the superintendent refuses to issue a license or to renew a license or revokes a license for a child day program or family day home-based child care system operated by an agency of the Commonwealth, the provisions of § 22.1-289.025 the Code of Virginia shall apply.

B. Whenever the superintendent refuses to issue a license or to renew a license or revokes a license for any child day program or family day home-based child care system other than a child day program or family day home-based child care system operated by an agency of the Commonwealth, the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) shall apply. Appeals from notice of the superintendent's intent to refuse to issue or renew or revoke a license shall be received in writing from the child day program or family day home-based child care system operator within 15 days of the date of receipt of the notice.

C. Judicial review of a final review of the agency decision shall be in accordance with the provisions of the Administrative Process Act and any applicable Rules of the Supreme Court of Virginia. No stay may be granted upon appeal to the Supreme Court or the Court of Appeals.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Adult" means any individual 18 years of age or older.

"Age appropriate" means suitable to the chronological age range and developmental characteristics of a specific group of children.

"Age groups" means the following:

"Infant" means children from birth to 16 months.

"Toddler" means children from 16 months to 31 months.

"Preschooler" means children from 31 months up to the age of eligibility to be enrolled in kindergarten or an equivalent program.

"School age" means children who are eligible to be enrolled in kindergarten or attend public school.

"Age of eligibility to attend public school" means five years of age or older by September 30.

"Care, protection and guidance" means responsibility assumed by a family day home home-based child care provider for children receiving care in the home, whether they are related or unrelated to the provider.

"Certificate of registration" means a document issued by the Superintendent to a family day home-based child care provider, acknowledging that the provider has been certified by the contracting organization or the department and has met the Requirements for Voluntary Registration of Family Day Homes Home-Based Child Care - Requirements for Providers. ( 8VAC20-850-10).

"Child" means any individual under 18 years of age.

"Contracting organization" means the agency which has contracted with the Department of Education to administer the voluntary registration program for family day homes home-based child care.

"Denial of a certificate of registration" means a refusal by the Superintendent to issue an initial certificate of registration.

"Department" means the Virginia Department of Education.

"Department's representative" means an employee or designee of the Virginia Department of Education acting as the authorized agent of the superintendent.

"Evaluate" or "evaluation" means the review of a family day home-based child care provider by a contracting organization upon receipt of an application for a certificate of registration to verify that the applicant meets the Requirements for Providers.

"Family day home" means a child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. A family day home serving five through 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. A family day home caring for more than four children under the age of two, including the provider's own children and any children who reside in the home, shall be licensed or voluntarily registered. A family day home where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.

"Family day Home-based child care provider applicant" or "provider applicant" means a person 18 years of age or older who has applied for a certificate of registration.

"Home-based child care" means a child day program offered in the residence of the provider or the home of any of the child in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of licensed or registered home-based child care shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. Home-based child care in which five through 12 children are served, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no more than four children under the age of two shall be served in home-based care, including the provider's own children and any children who reside in the home, unless the home-based child care is licensed or voluntarily registered. However, home-based child care where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.

"Monitor" or "monitoring visit" means to visit a registered family day home-based child care provider and to review the provider's compliance with the applicable requirements described in the Requirements for Providers.

"Parent" means a biological, foster or adoptive parent, legal guardian, or any person with responsibility for, or custody of, a child enrolled or in the process of being enrolled in a family day home home-based child care program.

"Physician" means a person licensed to practice medicine.

"Provider" or "registered family day home-based child care provider" means a person who has received an initial or renewed certificate of registration issued by the superintendent. This provider has primary responsibility for providing care, protection, supervision, and guidance to the children in the registered home.

"Provider assistant" means a person 14 years of age or older who has been designated by the family day home-based child care provider and approved by the contracting organization to assist the provider in the care, protection, supervision, and guidance of children in the home.

"Refusal to renew a certificate of registration" means the nonissuance of a certificate of registration by the superintendent after the expiration of the existing certificate of registration.

"Registration fee" means the payment to a contracting organization by a provider or applicant upon filing an application for a certificate of registration.

"Registered family day homehome-based child care" means any family day home home-based child care program which has met the standards for voluntary registration for such homes pursuant to regulations promulgated by the State Board of Education and which has obtained a certificate of registration from the superintendent.

"Renewal of a certificate of registration" means the issuance of a certificate of registration by the superintendent after the expiration of the existing certificate of registration.

"Requirements for Providers" means the procedures and general information set forth for providers operating family day homes home-based child care programs who voluntarily register. This includes staffing requirements and a self-administered health and safety checklist.

"Revocation of a certificate of registration" means the removal of a provider's current certificate of registration by the superintendent for failure to comply with the applicable Requirements for Providers.

"Substitute provider" means a provider who meets the Requirements for Providers and who is readily available to provide substitute child care in a registered provider's home or in the substitute provider's home.

"Superintendent" means the Superintendent of Public Instruction.

"Superintendent's designee" means a designated individual who or a division within the Department of Education that is designated to act on the superintendent's behalf in one or more specific responsibilities.

"USDA" means U.S. Department of Agriculture.

A. A family day home-based child care provider and substitute provider shall be 18 years of age or older.

B. A family day home-based child care assistant shall be 14 years of age or older.

C. A family day home-based child care provider, assistant or assistants and substitute provider shall be able to read, write, understand and carry out the responsibilities in the Requirements for Providers.

D. A family day home-based child care provider and substitute provider shall live in a county, city, or town that does not have a local ordinance for the regulation or licensure of family day homes home-based child care.

E. A family day home-based child care provider that is voluntarily registered pursuant to § 22.1-289.015 of the Code of Virginia shall not be required by law to be licensed. Family day homes home-based child care provider serving five through 12 children younger than the age of 13 years, exclusive of the provider's own children and any children who reside in the home, shall be licensed.

A. A family day home-based child care provider applicant for a certificate of registration shall submit to the contracting organization a completed application form, which shall include, but not be limited to:

1. The health and safety checklist and statements of assurance as noted in Part III ( 8VAC20-850-110 et seq.);

2. A tuberculosis test report as noted in subsection C of this section;

3. A criminal records check and Child Protective Services Central Registry Clearance as indicated in subsection D of this section;

4. A sworn disclosure statement as noted in subsection D of this section; and

5. General information as noted in subsection B of this section.

B. The provider shall also indicate a preference as to whether:

1. The provider applicant is interested in participating in the USDA food program (if the registrant is not currently participating);

2. The provider applicant is willing and able to serve as a substitute provider (after the primary provider obtains consent from parents of enrolled children) and is interested in being included on the substitute provider list maintained by the contracting organization.

C. Health information shall be submitted on the family day home-based child care provider applicant, assistant and substitute providers, if any, and any other adult household member who comes in contact with children or handles food served to children. The applicant shall return the completed application form along with a tuberculosis (TB) form which provides written proof of the results of a tuberculosis examination for the applicant, the provider assistant, if any, and all other persons who care for children in the family day home home-based child care program as follows:

1. Initial tuberculosis examination and report.

a. Within 90 days before the date of initial application for registration or within 30 days before employment or having contact with children in a registered home, each individual shall obtain a tuberculin skin test indicating the absence of tuberculosis in a communicable form;

b. Each individual shall submit a statement that he is free of tuberculosis in a communicable form, including the results of the test;

c. The statement shall be signed by a physician, the physician's designee, or an official of a local health department; and

d. The statement shall be filed in the individual's record maintained at the family day home home-based child care.

EXCEPTION: An individual may delay obtaining the tuberculosis test if a statement from a physician is provided that indicates the test is not advisable for specific health reasons. This statement shall include an estimated date for when the test can be safely administered. The individual shall obtain the test no later than 30 days after this date.

2. Subsequent evaluations.

a. An individual who had a significant (positive) reaction to a tuberculin skin test and whose physician certifies the absence of communicable tuberculosis shall obtain chest x-rays on an annual basis for the following two years.

(1) The individual shall submit statements documenting the chest x-rays and certifying freedom from tuberculosis in a communicable form;

(2) The statements shall be signed by a licensed physician, the physician's designee, or an official of a local health department;

(3) The statements shall be filed in the individual's record maintained at the family day home home-based child care program; and

(4) Following the two-year period during which chest x-rays are required annually, additional screening shall be obtained every two years.

b. An individual who had a nonsignificant (negative) reaction to an initial tuberculin skin test shall obtain additional screening every two years thereafter.

c. Any individual who comes in contact with a known case of tuberculosis or who develops chronic respiratory symptoms shall, within 30 days of exposure or development, receive an evaluation in accordance with subdivision C 1 of this section.

3. At the request of the contracting organization or the Department of Education, a report of examination by a physician shall be obtained when there is an indication that the safety of children in care may be jeopardized by the physical or mental health of a specific individual.

D. Information certifying that those in contact with children do not have a criminal background shall be submitted. Attachments will include:

1. A criminal records check, as specified in §§ 22.1-289.036 of the Code of Virginia, conducted no more than 90 days before the date of initial application and no more than 90 days before the date of application for renewal, for the provider applicant, the provider assistant, and the substitute provider, if any, and any adults residing in the home;

2. A Child Protective Services (CPS) Central Registry Clearance conducted no more than 90 days before the date of initial application and no more than 90 days before the date of application for renewal, for the provider applicant, the provider assistant, and the substitute provider, if any, and any adults residing in the home; and

3. A sworn disclosure statement for the provider applicant, the provider assistant, and the substitute provider, if any, and any adults residing in the home.

A. A provider's certificate of registration may be denied, revoked, or refused renewal by the superintendent for cause including, but not limited to:

1. Failure to comply with adult-child ratios, staffing requirements, or other standards set forth in the Requirements for Providers;

2. Use of fraud in obtaining a certificate of registration or in the subsequent operations of the family day home home-based child care;

3. Any conduct or activity which adversely affects or presents a serious hazard to the health, safety, and general well-being of an enrolled child, or which otherwise demonstrates unfitness by a provider to operate a family day care home home-based child care program;

4. Refusal to furnish the contracting organization or the department with records;

5. Refusal to permit immediate admission to the family day home home-based child care to the parent of an enrolled child who is present in the home or to an authorized representative of the contracting organization or department when any enrolled child is present; or

6. Documentation maintained by a contracting organization or the department that a certificate of registration has been denied, revoked, or refused renewal by the superintendent to the provider during the six months prior to the date an application is resubmitted for a certificate of registration.

B. When a provider is found to be in violation of any of the provisions of subsection A of this section, the contracting organization shall notify the provider of the violation or violations first orally and then in writing, and, when appropriate, shall afford the provider an opportunity to abate the violation or violations within a timeframe agreed upon by the contracting organization and the provider. The provider shall immediately abate the violation or violations in situations where children are at risk of abuse or neglect or serious harm or injury.

C. If the provider fails to abate the violation or violations within the agreed upon timeframe or commits a subsequent violation, the contracting organization may recommend to the superintendent that the certificate of registration be denied, revoked, or refused renewal. A statement referencing the standard or standards violated shall be included with the recommendation.

D. Upon notification of the contracting organization's intent to recommend that a certificate of registration be denied, revoked, or refused renewal, a provider may request a review in writing by the contracting organization's review committee within 15 calendar days after receipt of notification.

E. The contracting organization shall submit its recommendation of the provider's eligibility for issuance of a certificate of registration to the superintendent's designee. If a certificate of registration is denied, revoked or refused renewal by the superintendent's designee, the provider may appeal the decision in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) and may request a hearing in writing within 15 calendar days after receipt of notification of the decision.

F. After the hearing, the superintendent shall issue the final order, which may be appealed in accordance with the Administrative Process Act.

G. A provider whose certificate of registration is revoked or refused renewal shall notify the parent or parents of each child enrolled within 10 calendar days after receipt of notification of such action.

A. The provider shall verbally notify the local department of social services or call the toll free number for the Child Protective Services Unit (1-800-552-7096) immediately whenever there is reason to suspect that a child has been or is being subjected to any kind of child abuse or neglect by any person.

B. The provider shall report the following incidents to the contracting organization as soon as possible but no later than the beginning of the contracting organization's next working day:

1. A lost or missing child when it was necessary to seek assistance from local emergency or police personnel;

2. Any injury that occurs while in the provider's care that results in the admission of a child to a hospital;

3. The death of a child while in the provider's care;

4. Any damage to the provider's home that affects the provider's compliance with the Requirements for Providers;

5. Any occurrence of a reportable disease, as specified in the list of reportable diseases provided by the contracting organization;

6. The termination of all family day care home-based child care services by the provider; or

7. The provider's decision to surrender the certificate of registration in accordance with the Requirements of the Voluntary Registration Program.

A. The provider's records shall be open for inspection by authorized representatives of the contracting organizations and the department.

B. The provider shall maintain on file a signed statement from each parent, affirming receipt of the information to parents statement.

C. The provider shall maintain an individual record for each child enrolled in care. This record shall include:

1. The child's full name (including nicknames, if any), address and birth date;

2. Name, address and telephone number of each parent or other responsible person or persons;

3. Name, address and telephone number of each parent's place of employment and his or her work hours;

4. Name, address and telephone number of one or more persons designated by the parent or parents to be called in case of emergency when a parent cannot be reached during the hours the child is in care;

5. Name, address and telephone number of the child's physician;

6. Any known or suspected allergies and any chronic or recurrent diseases or disabilities;

7. The child's allergies to medication or drugs, if applicable, and directions for providing medicines to the child;

8. The name of the parent's hospitalization plan and number or medical assistance plan, if applicable;

9. The parent's signed authorization for the child's emergency medical treatment and written consent for giving of medications to the child;

10. The child's date of enrollment in and date of withdrawal from the family day home home-based child care, when applicable;

11. Results of the health examination and up-to-date immunization records of each child unless there is record of a medical or religious exemption;

12. Names of persons authorized to visit or call for the child, as well as those who are not to visit or call for the child;

13. A record of any accidents and injuries sustained by a child;

14. The parent's signed authorization to use a substitute provider and his or her name, address, and phone number;

15. The parent's signed authorization to transport children and to take trips out of the immediate community;

16. Any written agreement made between the family day home-based child care provider and the natural parent, guardian, or other responsible person for each child in care. The agreement may cover hours of care per day, week, or month; cost of care per day, week, or month; frequency and amount of payment per day, week, or month; and any special services to be provided by either party to the agreement.

D. The emergency contact information listed in subdivisions C 2 through C 5 of this section shall be made available to a physician, hospital or emergency care unit in the event of a child's illness or injury.

E. Whenever the provider leaves the home with the child or children, the provider shall have the emergency contact information and medical information required by subdivisions C 1 through C 9 of this section in the caregiver's possession.

F. The family day home-based child care provider shall not disclose or permit the use of information pertaining to an individual child or family unless the parent or parents or guardian or guardians of the child has granted written permission to do so, except in the course of performance of official duties and to employees or representatives of the contracting organization or the department.

A. The provider shall ensure that the total number of children receiving care at any one time does not exceed four, which is the maximum capacity allowed by law (§ 22.1-289.015 of the Code of Virginia) for family day homes home-based child care providers that may apply for voluntary registration.

B. The adult-to-child ratios for voluntary registration shall be same as those for licensed day homes.

A. A health and safety checklist shall be completed by providers who apply for voluntary registration. The checklist serves as both a self-review tool for providers and an initial and renewal evaluation method for the contracting organization. Items included on the checklist are those which address the basic health and safety needs of children in care in family day homes home-based child care programs.

B. The provider shall review and complete the checklist before being certified as eligible for issuance of a certificate of registration.

C. If the provider does not meet the criteria on the health and safety checklist at the time of the initial evaluation or monitoring visit, a corrective action plan shall be completed. This will briefly describe the standard not met, the action to be taken to meet it, the date by which it shall be completed and the signature of the provider.

D. The home shall have indoor running water and an indoor bathroom equipped with a flush toilet and a sink with running water.

E. If the provider does not have a working telephone, the caregiver shall demonstrate that one is quickly and easily accessible in case of an emergency.