Thank you for the opportunity to comment and participate in the process of adopting new standards. The questions and comments below are submitted for consideration.

 

8VAC20-781 Definitions

Evening Care and Overnight Care

• When does evening care become overnight care? Both definitions reference care beyond 7pm, but then is vague (evening care doesn’t go through the night, overnight care does go through the night—when does night start?)

 

9VAC20-781-30 Operational responsibilities

2C--“..kept confidential unless written permission is received from the parent to post, display, or share.”

• Does this mean programs can’t post information RE: dietary restrictions in kitchens without parent permission?
• RE: Share—share with whom? If it can’t be shared, how do we communicate it and ensure child safety?

21C—“Whenever the center makes a substantive change to a policy required by this section, the center shall provide training to any staff required to be oriented to such policy under 8VAC20-781-140.”

• What qualifies as a “substantive change”? Shouldn’t staff be trained on any changes to policy?

 

8VAC20-781-40 Required policies and procedures

A.16.—“Stock epinephrine…”

• How does a child care center obtain a prescription medication without a prescription?
• Cost?
• The law calls for “appropriate weight-based dosage”
  • The variance in weight for children across the program can be vast--for example, a program licensed to care for and enrolling children ages 3 years through 9 years

 

8VAC20-781-80 Attendance records; reporting

3—“The suspension or termination of all child care services for more than 24 hours as the result of an emergency situation…”

• What qualifies as an emergency situation?
• Should closings due to inclement weather with a state or local declaration of emergency be reported? Without the declaration?

 

8VAC20-781-90 Health provisions

• 2—“Any staff member or volunteer who develops symptoms compatible with active tuberculosis disease…shall immediately obtain and submit a new tuberculosis screening…”
  
  • What is the impetus behind this regulation?
  • Do local health departments and medical offices have the capacity to provide these screenings at a frequency/schedule that is accessible to the workforce?
  • Data on TB per CDC
    • There were 602 TB-related deaths (0.2 deaths per 100,000 persons) reported in 2021, the most recent year for which data are available.
    •  A person with active TB Disease usually feels sick and has symptoms that include:
      • A bad cough that last 3 weeks or longer
      • Pain in chest
      • Coughing up blood or sputum
      • Weakness or fatigue
      • Weight loss
      • No appetite
      • Chills
      • Fever
      • Sweating at night

 

8VAC20-781-110 Director Responsibilities

A—“A center shall ensure that the director…”

• Is it “the director” or “an individual qualified as a director and assuming director responsibilities”?

 

8VAC20-781-130 Driver qualifications and requirements

B—Centers that have obtained insurance for all individuals who transport children shall not be required to provide a driving record as required in subsection A of this section.”

• Why not?

 

8VAC20-781-140 Orientation Training

A—"…A staff member who has documentation of completing the preservice training shall not be required to retake the course.”

• Will the preservice course never change/be updated?
• Suggestions for consideration--“documentation of completing the course within X years” or  “documentation of completing the current version/most recent update of course”?

 

8VAC20-781-220 Building maintenance

A—“…Unsafe conditions include…”

• Is this the full list? 
• Alternate wording for consideration--“Unsafe conditions include, but may not be limited to,…”

 

8VAC20-781-230 Hazardous substances and other harmful agents

A—“…ensure that hazardous substances….and substances labeled keep out of reach of children…are stored in the following manner…1)inaccessible to children in a location that is locked…”

• Non-name brand versions of name brand products may have different warnings on the label even when the products are comprable. For example, non-name band liquid handsoap ( see Amazon Brand, Target Up and Up Brand, Walmart Equate Brand)  is often labeled “Keep Out of Reach of Children” whereas their name brand counterpart (see SoftSoap Brand) does not contain that warning.

 

8VAC20-781-240 Areas

G—“Infants, toddlers and twos shall have  separate outdoor play area or shall not occupy the play area at the same time as preschool and school age children.”

• It is not uncommon for a 3 year old to be in a classroom with 2 year olds
  • How do Early Head Start classrooms that serve kids birth-3 years comply?
  • How do 2 year old classrooms comply?

 

8VAC20-781-260 Indoor and outdoor play areas and equipment

J—"Sandboxes shall be covered when not is use.”

• If sand is used as protective surfacing (8VAC20-781-260 C), is the whole area covered in sand considered a sandbox?

 

8VAC20-781-270 Supervision of children

E—“A lead teacher is not required in each grouping of children during short breaks, special activities…”

• What qualifies as a “short break” and a “special activity”?

8VAC20-781-320 Daily activities

C—“If  the center uses visual media...the following shall apply 2) for toddlers, media use up to two hours per day is permitted if the center operates for more than six hours per day. 3) for children two and older, not more than a total of two hours per day when content is not based on curriculum or educational content.”

• Educational is subjective
• AAP Recommendations
• NAEYC—Technology and Interactive Media as Tools in Early Childhood Programs Serving Children from Birth through Age 8

 

8VAC20-781-330 Daily care activities for infants

D—“…staff ensure that the infant’s position and the selection of toys accessible to the infant changes every 30 minutes or more based on the infant’s needs.”

• “30 minutes or more” meaning 30 minutes or more than 30 minutes, or 30 minutes or more frequently”?
• Ideas
  • “…changes at least every 30 minutes…”
  • “…changes every 30 minutes, or more frequently based on the infant’s needs.”

 

8VAC20-781-380 Behavioral guidance

B.4—“Promote ways of getting along”

• What skills does it take for kids to “get along”?
• ELDS
  • Pg. 35--we expect to see kids beginning to engage in cooperative play in early preschool years
  • Pg. 36—we expect to see kids beginning to solve social problems when facilitated by  an adult in late toddler years. We expect to see kids use problem-solving strategies with an adult in early preschool years.
  • Pg. 38—we expect to see kids begin to demonstrate an understanding of implied messages based on tone and/or gestures in later preschool years
  • Pg. 40—we expect to see kids continue a conversation through several exchanges with or without adult help in early preschool years.

D—“If time out is used…”

• Define “time out”. CLASS Toddler Negative Climate—“lower end of negative climate…a teacher may take a child to a quiet area to calm down.”

 

8VAC20-781-390 Prohibited actions

Section 5—"punitive separation from the group so that the child is away from the hearing and vision of a staff member.”

• For separation to be punitive and prohibited, is a child away from the hearing AND vision of a staff member, or the hearing OR vision of a staff member? 8VAC20-781-270 F. requires "children under 10 years of age, the licensee shall ensure sight and sound supervision by staff who are always physically present..."

 

8VAC20-781-450 Linens

E—"Pillows when used shall be covered with pillowcases.”

• Add in language RE: age that pillows are allowed to be used.

 

8VAC20-781-460 Swimming and wading

D—“prior to a child being able to participate in swimming or wading activities…the center shall obtain written permission from the parent…and (ii) a written assessment from a certified lifeguard or adult who is familiar with basic swimming strokes to determine if a child is a swimmer or non swimmer…”

• What is a wading activity?
• What constitutes being familiar with basic swimming strokes?

G—“…at no time shall there be fewer than 2 staff members supervision the activity”

• If not all children are participating in the wading activity, does this mean you need a 3^rd person to supervise the non-wading children? Can someone supervising wading activities also supervise non-wading activities?

 

8VAC20-781-480 Preventing the spread of disease

D—“When any child’s clothing has been contaminated with body fluids, it shall be separated and stored in leakproof storage system…”

• Can examples be provided of what constitutes an acceptable “leakproof storage system” when it is used to store contaminated clothing?

 

8VAC20-781-590 First aid and emergency supplies

C—“The first aid supplies shall…include the following:…2) Scissors; 3) Tweezers; 8) Operable digital thermometer…”

• For continuity and clarity, consider updating to match format of rest of list:
  • A PAIR OF scissors
  • A PAIR OF tweezers
  • AN operable digital thermometer

 

8VAC20-781-630 Special feeding needs

A—“…infant seats…”

• What qualifies as “infant seats designed for feeding”?