va-R26-8445: BOARD OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY — 18VAC30-21. Regulations Governing Audiology and Speech-Language Pathology (amending 18VAC30-21-60).
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What this rule does
The government is proposing to repeal the Public Participation Guidelines that were previously established by the now-abolished Department of Minority Business Enterprise. This change is intended to ensure that the Virginia Administrative Code is current and does not reference regulations from an agency that no longer exists.
Plain-language description generated by AI — not the agency’s official summary, which we have not captured for this rule. Read the official text →
The rule, in full
353,955 words as published, October 19, 2026. View the original →
Regulations, Vol. 43 Iss. 5 Oct 19, 2026 VA Register Online Emergency Regulations Guidance Documents Learn Agency Resources Current Issue Previous Issues History of the VA Register About this Site Register of Regulations FAQs Regulatory Processes Citizen Participation Publication Form & Procedure Manual RIS Resources Publication Schedule Regulation Filing FAQs VA Register Style Manual (pdf) Guidance Document List Instructions (pdf) Virginia Administrative Code Register of Regulations Code of Virginia REGULATIONSVol. 43 Iss. 5 - October 19, 2026 Table of Contents » TITLE 7. ECONOMIC DEVELOPMENTDEPARTMENT OF MINORITY BUSINESS ENTERPRISE (ABOLISHED)Fast-TrackTITLE 7. ECONOMIC DEVELOPMENT DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY Fast-Track Regulation Title of Regulation: 7VAC10-10. Public Participation Guidelines (repealing 7VAC10-10-10 through 7VAC10-10-130). Statutory Authority: § 2.2-1606 of the Code of Virginia. Public Hearing Information: No public hearing is currently scheduled. Public Comment Deadline: November 18, 2026. Effective Date: December 3, 2026. Agency Contact: Verniece Love, Deputy Director, Department of Small Business and Supplier Diversity, 600 East Broad Street, Suite 300, Richmond, VA 23219, telephone (804) 786-3100, or email verniece.love@sbsd.virginia.gov. Basis: Chapter 482 of the 2013 Acts of Assembly deems the Department of Small Business and Supplier Diversity (DSBSD) the successor in interest to the Department of Minority Business Enterprise (DMBE), which was abolished by the act, and states that rules and regulations adopted by the DMBE or the Director of the DMBE shall remain in full force and effect until altered, amended, or rescinded by the Director of the DSBSD. Purpose: This action benefits the public welfare by ensuring that the Virginia Administrative Code does not refer to a regulation that belongs to an abolished agency, and by updating the public participation guidelines, the department ensures that its rulemaking encourages robust public scrutiny to identify health, safety, or welfare risks early. Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the DMBE was abolished on January 1, 2014, and DSBSD, which is the successor in interest of DMBE, is simultaneously promulgating its own public participation guidelines. Substance: The action repeals Public Participation Guidelines (7VAC10-10). Issues: The primary advantage of this action is to eliminate a regulation that appears in the Virginia Administrative Code under a now-abolished agency. This benefits the agency and the public by ensuring the Virginia Administrative Code is up to date. There are no disadvantages to the agency or the public. Department of Planning and Budget Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1 Summary of the Proposed Amendments to Regulation. The Director of the Department of Small Business and Supplier Diversity (DSBSD) proposes to repeal the Public Participation Guidelines (PPG) regulation of the Department of Minority Business Enterprise (DMBE). Background. Chapter 482 of the 2013 Acts of Assembly abolishes DMBE and consolidated its powers and duties into the newly-created DSBSD.2 The third enactment clause provides that DSBSD shall be the successor in interest to DMBE. Additionally, the sixth enactment clause says all rules and regulations adopted by the Director of the DMBE that are in effect as of July 1, 2013, and that pertain to the subject of this act shall remain in full force and effect until altered, amended, or rescinded by the Director of DSBSD. Since DMBE no longer exists, the Director of DSBSD is proposing to repeal the sole remaining DMBE regulation, Public Participation Guidelines (7VAC10-10). In a separate action, the director is proposing to promulgate a PPG regulation for DSBSD.3 Estimated Benefits and Costs. Repealing 7VAC10-10 would have no impact on requirements, but may nevertheless be beneficial by ensuring that the Virginia Administrative Code does not include a regulation for an abolished agency. Businesses and Other Entities Affected. The proposed repeal may affect readers of regulations. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.4 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.5 Repealing 7VAC10-10 would neither increase net costs nor reduce net benefits. Thus, no adverse impact is indicated. Small Businesses6 Affected.7 The proposed repeal does not adversely affect small businesses. Localities8 Affected.9 The proposed repeal neither disproportionately affects particular localities nor affects costs for local governments. Projected Impact on Employment. The proposed repeal does not affect employment. Effects on the Use and Value of Private Property. The proposed repeal affects neither the use and value of private property nor real estate development costs. _____________________________ 1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property. 2 See https://legacylis.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0482. 3 See https://townhall.virginia.gov/L/ViewAction.cfm?actionid=6920. 4 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. 5 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation. 6 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million." 7 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified. 8 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur. 9 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact. Agency Response to Economic Impact Analysis: The Department of Small Business and Supplier Diversity concurs with the economic impact analysis prepared by the Department of Planning and Budget. Summary: The action repeals Public Participation Guidelines (7VAC10-10) as the Department of Minority Business Enterprise was abolished January 1, 2014.VA.R. Doc. No. R27-8510; Filed August 31, 2026TITLE 7. ECONOMIC DEVELOPMENTDEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITYFast-TrackTITLE 7. ECONOMIC DEVELOPMENT DEPARTMENT OF SMALL BUSINESS AND SUPPLIER DIVERSITY Fast-Track Regulation Title of Regulation: 7VAC13-10. Public Participation Guidelines (adding 7VAC13-10-10 through 7VAC13-10-110). Statutory Authority: §§ 2.2-1606 and 2.2-4007.02 of the Code of Virginia. Public Hearing Information: No public hearing is currently scheduled. Public Comment Deadline: November 18, 2026. Effective Date: December 3, 2026. Agency Contact: Verniece Love, Deputy Director, Department of Small Business and Supplier Diversity, 600 East Broad Street, Suite 300, Richmond, VA 23219, telephone (804) 786-3100, or email verniece.love@sbsd.virginia.gov. Basis: Section 2.2-1606 of the Code of Virginia authorizes the Department of Small Business and Supplier Diversity (DSBSD) to adopt regulations. Section 2.2-4007.02 requires DSBSD to adopt public participation guidelines (PPGs). Purpose: This action is necessary for the public welfare because it complies with § 2.2-4007.02 of the Code of Virginia, which requires state agencies to develop, adopt, and use PPGs in order to ensure the involvement of interested persons in the formation and development of the agency's regulations. Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the PPGs are mandated by statute and are based on model PPGs used by agencies throughout the Commonwealth. Substance: The action promulgates public participation guidelines for DSBSD based on the model PPGs developed by the Department of Planning and Budget. Issues: The primary advantage to the public and the agency is that the action ensures a standardized process for obtaining public input from interested parties in the formation and development of DSBSD regulations. There are no disadvantages to the public or Commonwealth. Department of Planning and Budget Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1 Summary of the Proposed Amendments to Regulation. The Director of the Department of Small Business and Supplier Diversity (DSBSD) proposes to promulgate a Public Participation Guidelines (PPG) regulation. Background. Pursuant to § 2.2-4007.02 of the Code of Virginia, which was enacted in 2007, all agencies with rulemaking authority are required to adopt a PPG regulation. Subsequently, Chapter 321 of the 2008 Acts of Assembly directed DPB to develop model PPGs and mandated that executive branch agencies either adopt or amend the model PPGs to fit their particular needs.2 The PPGs create uniform guidelines to facilitate citizen participation in rulemaking and make those guidelines consistent, to the extent possible, among all executive branch boards and agencies. Chapter 482 of the 2013 Acts of Assembly abolished the Department of Minority Enterprise (DMBE) and consolidated its powers and duties into the newly-created DSBSD.3 The third enactment clause states that DSBSD is the successor in interest to DMBE. Additionally, the sixth enactment clause says all rules and regulations adopted by the Director of the [DMBE] that are in effect as of July 1, 2013, and that pertain to the subject of this act shall remain in full force and effect until altered, amended, or rescinded by the Director of [DSBSD]. In this action, the Director of DSBSD is using this authority to adopt a PPG regulation for DSBSD. In a separate action, the Director proposes to repeal the DMBE PPG regulation. Estimated Benefits and Costs. The proposed regulation would benefit the general public and DSBSD by ensuring that a clear standardized process for obtaining public input from interested parties is used in the formation and development of agency regulations, and by helping inform the public of that process. Businesses and Other Entities Affected. The proposed regulation affects people interested in providing input regarding the formation and development of DSBSD regulations, as well as DSBSD. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.4 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.5 Promulgating the DSBSD PPG regulation would neither increase net costs nor reduce net benefits. Thus, no adverse impact is indicated. Small Businesses6 Affected.7 The proposed regulation does not adversely affect small businesses. Localities8 Affected.9 The proposed regulation neither disproportionately affects particular localities nor affects costs for local governments. Projected Impact on Employment. The proposed regulation does not affect employment. Effects on the Use and Value of Private Property. The proposed regulation affects neither the use and value of private property nor real estate development costs. _____________________________ 1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property. 2 See https://legacylis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0321. 3 See https://legacylis.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0482. 4 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. 5 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation. 6 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million." 7 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified. 8 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur. 9 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact. Agency Response to Economic Impact Analysis: The Department of Small Business and Supplier Diversity concurs with the economic impact analysis prepared by the Department of Planning and Budget. Summary: The Department of Small Business and Supplier Diversity is promulgating Public Participation Guidelines (7VAC13-10) as required by § 2.2-4007.02 of the Code of Virginia. Chapter 10 Public Participation Guidelines Part I Purpose and Definitions 7VAC13-10-10. Purpose. The purpose of this chapter is to promote public involvement in the development, amendment, or repeal of the regulations of the Department of Small Business and Supplier Diversity. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). 7VAC13-10-20. Definitions. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia. "Agency" means the Department of Small Business and Supplier Diversity, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency. "Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency. "Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act. ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action. "Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency. "Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation. "Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. "Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action. "Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws. "Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency. "Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions. "Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users. "Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act. Part II Notification of Interested Persons 7VAC13-10-30. Notification list. A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency. B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier. C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions. D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list. E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list. F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list. 7VAC13-10-40. Information to be sent to persons on the notification list. A. To persons electing to receive electronic notification or notification through a postal carrier as described in 7VAC13-10-30, the agency shall send the following information:
1. A notice of intended regulatory action (NOIRA).
2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents. 3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia. B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action. Part III Public Participation Procedures 7VAC13-10-50. Public comment. A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall. 1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received. 2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments. B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows: 1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA). 2. For a minimum of 60 calendar days following the publication of a proposed regulation. 3. For a minimum of 30 calendar days following the publication of a reproposed regulation. 4. For a minimum of 30 calendar days following the publication of a final adopted regulation. 5. For a minimum of 30 calendar days following the publication of a fast-track regulation. 6. For a minimum of 21 calendar days following the publication of a notice of periodic review. 7. Not later than 21 calendar days following the publication of a petition for rulemaking. C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended. D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, the Governor may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia. E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia. 7VAC13-10-60. Petition for rulemaking. A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.
1. The petitioner's name and contact information;
2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and 3. Reference to the legal authority of the agency to take the action requested. C. The agency shall receive, consider, and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.
D. The petition shall be posted on the Town Hall and published in the Virginia Register.
E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking. 7VAC13-10-70. Appointment of regulatory advisory panel. A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action. B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.
C. A RAP may be dissolved by the agency if:
1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or 2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act. 7VAC13-10-80. Appointment of negotiated rulemaking panel. A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.
1. There is no longer controversy associated with the development of the regulation;
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or 3. The agency determines that resolution of a controversy is unlikely. 7VAC13-10-90. Meetings. Notice of any open meeting, including meetings of a RAP or an NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 E of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public. 7VAC13-10-100. Public hearings on regulations. A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action. B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action. C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:
2. The Governor directs the agency to hold a public hearing; or
3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action. D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section. 7VAC13-10-110. Periodic review of regulations.
A. The agency shall conduct a periodic review of its regulations consistent with:
1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and 2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.
B. A periodic review may be conducted separately or in conjunction with other regulatory actions.
C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.VA.R. Doc. No. R27-8511; Filed September 03, 2026TITLE 8. EDUCATIONSTATE BOARD OF EDUCATIONFinalTITLE 8. EDUCATION STATE BOARD OF EDUCATION Final Regulation REGISTRAR'S NOTICE: The State Board of Education is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corrections of technical errors, and in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision. Titles of Regulations: 8VAC20-790. Child Care Program (amending 8VAC20-790-10, 8VAC20-790-20, 8VAC20-790-80, 8VAC20-790-140, 8VAC20-790-160, 8VAC20-790-170, 8VAC20-790-190, 8VAC20-790-230, 8VAC20-790-250, 8VAC20-790-260, 8VAC20-790-300, 8VAC20-790-310, 8VAC20-790-350, 8VAC20-790-380, 8VAC20-790-410, 8VAC20-790-420). 8VAC20-800. Standards for Licensed Family Day Homes (amending 8VAC20-800-10, 8VAC20-800-30, 8VAC20-800-50 through 8VAC20-800-100, 8VAC20-800-160, 8VAC20-800-210, 8VAC20-800-220, 8VAC20-800-240, 8VAC20-800-260, 8VAC20-800-270, 8VAC20-800-330, 8VAC20-800-350, 8VAC20-800-480, 8VAC20-800-650, 8VAC20-800-660, 8VAC20-800-670, 8VAC20-800-710, 8VAC20-800-720, 8VAC20-800-760, 8VAC20-800-800, 8VAC20-800-840, 8VAC20-800-850, 8VAC20-800-870, 8VAC20-800-880, 8VAC20-800-890, 8VAC20-800-920, 8VAC20-800-980, 8VAC20-800-990). 8VAC20-810. Minimum Standards for Licensed Family Day Systems (amending 8VAC20-810-10 through 8VAC20-810-60). 8VAC20-821. General Procedures for the Licensure of Child Day Programs and Family Day Systems and Background Checks (amending 8VAC20-821-10 through 8VAC20-821-50, 8VAC20-821-90, 8VAC20-821-110, 8VAC20-821-120, 8VAC20-821-150, 8VAC20-821-170, 8VAC20-821-180, 8VAC20-821-200 through 8VAC20-821-230, 8VAC20-821-270, 8VAC20-821-290, 8VAC20-821-300, 8VAC20-821-310, 8VAC20-821-330). 8VAC20-850. Voluntary Registration of Family Day Homes - Requirements for Providers (amending 8VAC20-850-10, 8VAC20-850-20, 8VAC20-850-30, 8VAC20-850-70 through 8VAC20-850-110). Statutory Authority: § 22.1-16 of the Code of Virginia. Effective Date: November 18, 2026. Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov. Summary: The amendments (i) replace the term "family day home" and its derivatives with the term "home-based child care" pursuant to Chapter 917 of the 2026 Acts of Assembly, (ii) update references to a repealed chapter and to an office within the department, and (iii) make other technical changes. 8VAC20-790-10. Definitions. 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 for whom 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 the child 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 the child's 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 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. 8VAC20-790-20. Families and children to be served. 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 of age and is physically or mentally unable to care for himself, or is 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. 8VAC20-790-80. Determining payment amount.
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.
Part II Subsidy Program Vendor Requirements for Family Day Homes Home-Based Child Care 8VAC20-790-140. Definitions; subsidy program requirements for family day home home-based child care vendors. 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 younger 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 the child 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 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. "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 children in care for one through 12 children younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 of age up to the age of eligibility to attend public school, age five years of age 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 of age 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. 8VAC20-790-160. Purpose and applicability. 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 younger than the age of 13 years of age, less younger than the age of 18 years of age 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. 8VAC20-790-170. Operational responsibilities. 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) shall 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 of age or older are enrolled in the program and receive supervision in the program, they those children 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. 8VAC20-790-190. Children's information. 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. and other similar instructions; 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. 8VAC20-790-230. Immunizations for children. 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 A 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 of age. C. Pursuant to subsection C of § 22.1-271.2 C 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 Virginia 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. 8VAC20-790-250. Caregiver training and development. 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, and 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 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 administration shall be (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. 8VAC20-790-260. Building or home maintenance. 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 or 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 of age. M. Decks, porches, lofts, or balconies that do not have protective barriers or guardrails shall not be accessible to children.
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 younger than five years of age or a child older than five years who lacks of age and lacking 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 younger than the age of two years of age, 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. 8VAC20-790-310. Supervision near water. 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 Be 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.
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.
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 Virginia 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 life-threatening diseases shall be reported to parents immediately. 8VAC20-790-380. Preventing the spread of disease. A. A child shall not be allowed to attend the family day home home-based child care program for the day if he the child 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.
1. A first aid kit that contains, at a minimum:
a. Scissors; b. Tweezers; c. Gauze pads; d. Adhesive tape; e. Bandages, of 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. 8VAC20-790-420. Procedures for emergencies. 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 (e.g., 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 (e.g., 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 (e.g. 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;
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. Chapter 800 Standards for Licensed Family Day Homes Home-Based Child Care 8VAC20-800-10. Definitions. 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 younger than 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 younger than 13 years of age 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 younger 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. 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 younger than two years of age 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. 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 of age up to the age of eligibility to attend public school, age five years of age 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 years of age 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. 8VAC20-800-30. Operational responsibilities. 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 §§ Article 5 (§ 22.1-289.034 et seq.) of Chapter 14.1 of Title 22.1 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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). E. The provider shall ensure that the home's activities, services, and facilities are conducive to the welfare of children in care.
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. 8VAC20-800-60. Children's records. 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;
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. 8VAC20-800-70. Written information for parents.
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 the parent's 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. 8VAC20-800-80. Proof of age and identity; record of child care and schools. 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:
2. Erasing; or
3. Otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means. 8VAC20-800-90. Immunizations for children. 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 C 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 Virginia 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:
2. Once between each child's fourth and sixth birthdays.
8VAC20-800-100. Physical examinations for children. 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 of age; 3. Six months prior to attendance for children age 19 months through 24 months of age; 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 older. EXCEPTIONS C. Exceptions to the requirement of subsection A of this section include: 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 D 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. 8VAC20-800-160. Attributes for household members. Individuals 14 years of age and older who reside in the family day home home-based child care program shall:
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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). 8VAC20-800-210. Annual training. 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 and 8. Recognition and prevention of the spread of communicable diseases. 8VAC20-800-220. Medication administration training. 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. 8VAC20-800-240. Home maintenance. 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. 8VAC20-800-260. Drowning hazards. 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.
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 Be covered with safety covers while children are in care. 8VAC20-800-270. Firearms and ammunition. 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.
8VAC20-800-330. Telephones. 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. 8VAC20-800-350. Water supply.
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 that 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.
E. Hot water at taps available to children shall be maintained within a range of 105°F to 120°F.
8VAC20-800-480. Play equipment and materials. 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.
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 Virginia 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. 8VAC20-800-660. Swimming and wading activities. 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.
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. 8VAC20-800-720. Non-prescription medication. 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.
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. 8VAC20-800-840. Injury records. 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. 8VAC20-800-850. Reports to department. 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. 8VAC20-800-870. General requirements for meals and snacks.
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. 8VAC20-800-880. Meals and snacks provided by family day home home-based child care providers. 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. 8VAC20-800-890. Meals and snacks brought from child's home. 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. 8VAC20-800-920. Menus. 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. 8VAC20-800-980. Written permission for transportation and field trips. 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. 8VAC20-800-990. Requirements for drivers. 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 telephone). Chapter 810 Minimum Standards for Licensed Family Day Home-Based Child Care Systems 8VAC20-810-10. Definitions; license provisions. 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 the child's 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, which member home that 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 that approves providers of home-based child care as members of its system; that refers children to available home-based child care in that system; and that, 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 that 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 the individual's 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 Chapter 14.1 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 the conditional license 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 on-site 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 Chapter 14.1 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 superintendent reasonable 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 ensure 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 Chapter 14.1 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 Chapter 14.1 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. 8VAC20-810-20. Organization and administration.
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.)
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.
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 ensures a sound financial structure is maintained. f. Appointing a qualified director to whom it the governing board 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; and (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; and (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; and (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.)
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 the goals 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; and (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; and (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 ensures 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. 8VAC20-810-30. Personnel*.
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, except that 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.
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.
1. Composition and size.
a. Composition and number of staff employed by the system shall be sufficient to assure ensure: (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 that 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 July 1, 2021, 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 of 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 of 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 ensuring 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 July 1, 2021, 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 of 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, except that 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.
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. * E. The minimum personnel requirements and qualifications for family day-care member home providers and their staff are addressed in 8VAC20-810-40 B 1. 8VAC20-810-40. Services to system homes.
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 ensure 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 that 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 a 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 ensure that both providers and their staff are capable of providing acceptable care to children placed in the member home. At a 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 younger than two years of age shall be counted as two children in determining staff requirements. c. The physical environment which that 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 that 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 younger than 18 years of age. f. Methods of dealing with unacceptable behavior which that prohibit harsh and unreasonable punishment. g. Nutrition to assure ensure 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 the individual is free of tuberculosis in a communicable form, including the type or types of any test or tests used and the result or all 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 of 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 that 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 that may be placed by the Virginia Fire Safety Regulations on the maximum number of children who may be in care. j. Record keeping Recordkeeping 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, which 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 years of age 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 that 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 ensure that the home continues to comply with the system's standards. (1) At least two of these visits shall be unannounced; and (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 ensure 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 a 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 a 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. and other similar information; 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). 8VAC20-810-50. Services to children and families.
A. Referral to system homes.
1. Children shall be referred only to homes which that have been approved as required in subsection B of this section. 2. No child shall be referred to a home which that 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 of this section 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 the parent or guardian 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 otherwise 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 of this section except financial arrangements for care (See subdivision A 6 m of this section); (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 of this section and any other information that the system deems appropriate; and (b) Shall be signed by the parents 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) in this subdivision, 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 older. 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 younger than two years of age. (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 that 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 of this section.) 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 children's families to social, mental health, welfare, and medical services which that 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 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 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' service 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. 8VAC20-810-60. Records.
A. General requirements.
1. Any forms used for record keeping recordkeeping shall contain at minimum the information specified in these Standards 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 ensuring 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, except that 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 that 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 that 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 that 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.
3. Policies and procedures pertaining to member homes.
a. Policies and procedures which that describe the selection, evaluation, approval, and general management of homes which that 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 that 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 that 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 that 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 The record 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, and 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 July 1, 2021, 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 the provider's 18th birthday which that 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 July 1, 2021, 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 that 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 July 1, 2021, 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 that 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 The record 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 that 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 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. Chapter 821 General Procedures for the Licensure of Child Day Programs and Family Day Home-Based Child Care Systems and Background Checks 8VAC20-821-10. Definitions. 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 , 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 State 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 younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 that approves providers of home-based child care as members of its system; that refers children to available home-based child care in that system; and that, 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. 8VAC20-821-20. Necessity for license. 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. 8VAC20-821-30. License.
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. 8VAC20-821-40. Qualifications for licensure. 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 A 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. 8VAC20-821-50. Buildings and functional design. 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. 8VAC20-821-90. Refusal of license issuance. 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 A of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal. 8VAC20-821-110. Qualifications for renewal. 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. 8VAC20-821-120. Refusal of 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 A of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal. 8VAC20-821-150. Application fees. 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: Capacity Two-year licensing fee 1-12 $28 13-25 $70 26-50 $140 51-75 $210 76-200 $280 201 or more $400
D. A fee will be charged for checks that must be returned to the applicant because of insufficient funds.
8VAC20-821-170. Background checks required. 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. 8VAC20-821-180. Disqualifying background checks; prohibitions. 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 A 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 A 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. 8VAC20-821-200. New background checks. 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. 8VAC20-821-210. Maintenance of background check records. 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. 8VAC20-821-220. Waiver of criminal convictions. 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. 8VAC20-821-230. Public notification of waivers. 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. 8VAC20-821-270. Prohibited acts. 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 B 1 through B 6 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 8VAC20-821-290. Administrative sanctions. 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. 8VAC20-821-300. Revocation and denial. 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. 8VAC20-821-310. Summary suspension. 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. 8VAC20-821-330. Appeal of refusal to issue a license, denial of renewal, or revocation of license. 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. Chapter 850 Voluntary Registration of Family Day Homes Home-Based Child Care - Requirements for Providers 8VAC20-850-10. Definitions. 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 of age. "Toddler" means children from 16 months to 31 months of age. "Preschooler" means children from 31 months up of age 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 - Requirements for Providers. (8VAC20-850-10) requirements of this chapter. "Child" means any individual under younger than 18 years of age. "Contracting organization" means the agency which that 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 younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 home home-based child care" means any family day home which home-based child care program that has met the standards for voluntary registration for such homes pursuant to regulations promulgated by the State Board of Education and which that 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. 8VAC20-850-20. Provider eligibility.
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 of age, exclusive of the provider's own children and any children who reside in the home, shall be licensed. 8VAC20-850-30. Application for registration. 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:
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 that 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. 8VAC20-850-70. Denials, revocations, refusals to renew, and provider appeals procedures. 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 that adversely affects or presents a serious hazard to the health, safety, and general well-being of an enrolled child, or which that 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. 8VAC20-850-80. Provider reporting requirements. 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. 8VAC20-850-90. Provider record requirements. 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 the parent's 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 the parent's 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. 8VAC20-850-100. Staffing requirements. 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.
8VAC20-850-110. Health and safety checklist criteria. 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 that 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 standard, the date by which it the action 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.VA.R. Doc. No. R27-8689; Filed September 29, 2026TITLE 8. EDUCATIONSTATE BOARD OF EDUCATIONFinalTITLE 8. EDUCATION STATE BOARD OF EDUCATION Final Regulation REGISTRAR'S NOTICE: The State Board of Education is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corrections of technical errors, and in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision. Titles of Regulations: 8VAC20-790. Child Care Program (amending 8VAC20-790-10, 8VAC20-790-20, 8VAC20-790-80, 8VAC20-790-140, 8VAC20-790-160, 8VAC20-790-170, 8VAC20-790-190, 8VAC20-790-230, 8VAC20-790-250, 8VAC20-790-260, 8VAC20-790-300, 8VAC20-790-310, 8VAC20-790-350, 8VAC20-790-380, 8VAC20-790-410, 8VAC20-790-420). 8VAC20-800. Standards for Licensed Family Day Homes (amending 8VAC20-800-10, 8VAC20-800-30, 8VAC20-800-50 through 8VAC20-800-100, 8VAC20-800-160, 8VAC20-800-210, 8VAC20-800-220, 8VAC20-800-240, 8VAC20-800-260, 8VAC20-800-270, 8VAC20-800-330, 8VAC20-800-350, 8VAC20-800-480, 8VAC20-800-650, 8VAC20-800-660, 8VAC20-800-670, 8VAC20-800-710, 8VAC20-800-720, 8VAC20-800-760, 8VAC20-800-800, 8VAC20-800-840, 8VAC20-800-850, 8VAC20-800-870, 8VAC20-800-880, 8VAC20-800-890, 8VAC20-800-920, 8VAC20-800-980, 8VAC20-800-990). 8VAC20-810. Minimum Standards for Licensed Family Day Systems (amending 8VAC20-810-10 through 8VAC20-810-60). 8VAC20-821. General Procedures for the Licensure of Child Day Programs and Family Day Systems and Background Checks (amending 8VAC20-821-10 through 8VAC20-821-50, 8VAC20-821-90, 8VAC20-821-110, 8VAC20-821-120, 8VAC20-821-150, 8VAC20-821-170, 8VAC20-821-180, 8VAC20-821-200 through 8VAC20-821-230, 8VAC20-821-270, 8VAC20-821-290, 8VAC20-821-300, 8VAC20-821-310, 8VAC20-821-330). 8VAC20-850. Voluntary Registration of Family Day Homes - Requirements for Providers (amending 8VAC20-850-10, 8VAC20-850-20, 8VAC20-850-30, 8VAC20-850-70 through 8VAC20-850-110). Statutory Authority: § 22.1-16 of the Code of Virginia. Effective Date: November 18, 2026. Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov. Summary: The amendments (i) replace the term "family day home" and its derivatives with the term "home-based child care" pursuant to Chapter 917 of the 2026 Acts of Assembly, (ii) update references to a repealed chapter and to an office within the department, and (iii) make other technical changes. 8VAC20-790-10. Definitions. 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 for whom 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 the child 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 the child's 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 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. 8VAC20-790-20. Families and children to be served. 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 of age and is physically or mentally unable to care for himself, or is 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. 8VAC20-790-80. Determining payment amount.
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.
Part II Subsidy Program Vendor Requirements for Family Day Homes Home-Based Child Care 8VAC20-790-140. Definitions; subsidy program requirements for family day home home-based child care vendors. 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 younger 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 the child 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 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. "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 children in care for one through 12 children younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 of age up to the age of eligibility to attend public school, age five years of age 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 of age 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. 8VAC20-790-160. Purpose and applicability. 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 younger than the age of 13 years of age, less younger than the age of 18 years of age 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. 8VAC20-790-170. Operational responsibilities. 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) shall 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 of age or older are enrolled in the program and receive supervision in the program, they those children 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. 8VAC20-790-190. Children's information. 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. and other similar instructions; 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. 8VAC20-790-230. Immunizations for children. 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 A 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 of age. C. Pursuant to subsection C of § 22.1-271.2 C 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 Virginia 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. 8VAC20-790-250. Caregiver training and development. 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, and 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 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 administration shall be (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. 8VAC20-790-260. Building or home maintenance. 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 or 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 of age. M. Decks, porches, lofts, or balconies that do not have protective barriers or guardrails shall not be accessible to children.
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 younger than five years of age or a child older than five years who lacks of age and lacking 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 younger than the age of two years of age, 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. 8VAC20-790-310. Supervision near water. 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 Be 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.
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.
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 Virginia 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 life-threatening diseases shall be reported to parents immediately. 8VAC20-790-380. Preventing the spread of disease. A. A child shall not be allowed to attend the family day home home-based child care program for the day if he the child 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.
1. A first aid kit that contains, at a minimum:
a. Scissors; b. Tweezers; c. Gauze pads; d. Adhesive tape; e. Bandages, of 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. 8VAC20-790-420. Procedures for emergencies. 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 (e.g., 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 (e.g., 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 (e.g. 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;
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. Chapter 800 Standards for Licensed Family Day Homes Home-Based Child Care 8VAC20-800-10. Definitions. 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 younger than 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 younger than 13 years of age 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 younger 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. 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 younger than two years of age 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. 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 of age up to the age of eligibility to attend public school, age five years of age 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 years of age 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. 8VAC20-800-30. Operational responsibilities. 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 §§ Article 5 (§ 22.1-289.034 et seq.) of Chapter 14.1 of Title 22.1 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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). E. The provider shall ensure that the home's activities, services, and facilities are conducive to the welfare of children in care.
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. 8VAC20-800-60. Children's records. 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;
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. 8VAC20-800-70. Written information for parents.
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 the parent's 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. 8VAC20-800-80. Proof of age and identity; record of child care and schools. 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:
2. Erasing; or
3. Otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means. 8VAC20-800-90. Immunizations for children. 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 C 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 Virginia 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:
2. Once between each child's fourth and sixth birthdays.
8VAC20-800-100. Physical examinations for children. 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 of age; 3. Six months prior to attendance for children age 19 months through 24 months of age; 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 older. EXCEPTIONS C. Exceptions to the requirement of subsection A of this section include: 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 D 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. 8VAC20-800-160. Attributes for household members. Individuals 14 years of age and older who reside in the family day home home-based child care program shall:
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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). 8VAC20-800-210. Annual training. 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 and 8. Recognition and prevention of the spread of communicable diseases. 8VAC20-800-220. Medication administration training. 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. 8VAC20-800-240. Home maintenance. 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. 8VAC20-800-260. Drowning hazards. 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.
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 Be covered with safety covers while children are in care. 8VAC20-800-270. Firearms and ammunition. 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.
8VAC20-800-330. Telephones. 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. 8VAC20-800-350. Water supply.
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 that 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.
E. Hot water at taps available to children shall be maintained within a range of 105°F to 120°F.
8VAC20-800-480. Play equipment and materials. 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.
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 Virginia 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. 8VAC20-800-660. Swimming and wading activities. 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.
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. 8VAC20-800-720. Non-prescription medication. 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.
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. 8VAC20-800-840. Injury records. 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. 8VAC20-800-850. Reports to department. 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. 8VAC20-800-870. General requirements for meals and snacks.
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. 8VAC20-800-880. Meals and snacks provided by family day home home-based child care providers. 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. 8VAC20-800-890. Meals and snacks brought from child's home. 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. 8VAC20-800-920. Menus. 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. 8VAC20-800-980. Written permission for transportation and field trips. 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. 8VAC20-800-990. Requirements for drivers. 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 telephone). Chapter 810 Minimum Standards for Licensed Family Day Home-Based Child Care Systems 8VAC20-810-10. Definitions; license provisions. 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 the child's 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, which member home that 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 that approves providers of home-based child care as members of its system; that refers children to available home-based child care in that system; and that, 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 that 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 the individual's 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 Chapter 14.1 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 the conditional license 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 on-site 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 Chapter 14.1 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 superintendent reasonable 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 ensure 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 Chapter 14.1 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 Chapter 14.1 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. 8VAC20-810-20. Organization and administration.
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.)
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.
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 ensures a sound financial structure is maintained. f. Appointing a qualified director to whom it the governing board 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; and (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; and (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; and (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.)
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 the goals 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; and (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; and (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 ensures 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. 8VAC20-810-30. Personnel*.
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, except that 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.
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.
1. Composition and size.
a. Composition and number of staff employed by the system shall be sufficient to assure ensure: (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 that 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 July 1, 2021, 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 of 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 of 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 ensuring 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 July 1, 2021, 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 of 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, except that 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.
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. * E. The minimum personnel requirements and qualifications for family day-care member home providers and their staff are addressed in 8VAC20-810-40 B 1. 8VAC20-810-40. Services to system homes.
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 ensure 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 that 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 a 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 ensure that both providers and their staff are capable of providing acceptable care to children placed in the member home. At a 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 younger than two years of age shall be counted as two children in determining staff requirements. c. The physical environment which that 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 that 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 younger than 18 years of age. f. Methods of dealing with unacceptable behavior which that prohibit harsh and unreasonable punishment. g. Nutrition to assure ensure 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 the individual is free of tuberculosis in a communicable form, including the type or types of any test or tests used and the result or all 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 of 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 that 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 that may be placed by the Virginia Fire Safety Regulations on the maximum number of children who may be in care. j. Record keeping Recordkeeping 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, which 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 years of age 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 that 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 ensure that the home continues to comply with the system's standards. (1) At least two of these visits shall be unannounced; and (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 ensure 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 a 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 a 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. and other similar information; 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). 8VAC20-810-50. Services to children and families.
A. Referral to system homes.
1. Children shall be referred only to homes which that have been approved as required in subsection B of this section. 2. No child shall be referred to a home which that 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 of this section 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 the parent or guardian 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 otherwise 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 of this section except financial arrangements for care (See subdivision A 6 m of this section); (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 of this section and any other information that the system deems appropriate; and (b) Shall be signed by the parents 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) in this subdivision, 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 older. 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 younger than two years of age. (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 that 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 of this section.) 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 children's families to social, mental health, welfare, and medical services which that 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 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 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' service 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. 8VAC20-810-60. Records.
A. General requirements.
1. Any forms used for record keeping recordkeeping shall contain at minimum the information specified in these Standards 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 ensuring 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, except that 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 that 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 that 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 that 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.
3. Policies and procedures pertaining to member homes.
a. Policies and procedures which that describe the selection, evaluation, approval, and general management of homes which that 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 that 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 that 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 that 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 The record 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, and 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 July 1, 2021, 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 the provider's 18th birthday which that 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 July 1, 2021, 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 that 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 July 1, 2021, 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 that 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 The record 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 that 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 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. Chapter 821 General Procedures for the Licensure of Child Day Programs and Family Day Home-Based Child Care Systems and Background Checks 8VAC20-821-10. Definitions. 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 , 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 State 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 younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 that approves providers of home-based child care as members of its system; that refers children to available home-based child care in that system; and that, 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. 8VAC20-821-20. Necessity for license. 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. 8VAC20-821-30. License.
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. 8VAC20-821-40. Qualifications for licensure. 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 A 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. 8VAC20-821-50. Buildings and functional design. 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. 8VAC20-821-90. Refusal of license issuance. 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 A of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal. 8VAC20-821-110. Qualifications for renewal. 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. 8VAC20-821-120. Refusal of 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 A of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal. 8VAC20-821-150. Application fees. 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: Capacity Two-year licensing fee 1-12 $28 13-25 $70 26-50 $140 51-75 $210 76-200 $280 201 or more $400
D. A fee will be charged for checks that must be returned to the applicant because of insufficient funds.
8VAC20-821-170. Background checks required. 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. 8VAC20-821-180. Disqualifying background checks; prohibitions. 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 A 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 A 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. 8VAC20-821-200. New background checks. 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. 8VAC20-821-210. Maintenance of background check records. 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. 8VAC20-821-220. Waiver of criminal convictions. 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. 8VAC20-821-230. Public notification of waivers. 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. 8VAC20-821-270. Prohibited acts. 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 B 1 through B 6 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 8VAC20-821-290. Administrative sanctions. 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. 8VAC20-821-300. Revocation and denial. 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. 8VAC20-821-310. Summary suspension. 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. 8VAC20-821-330. Appeal of refusal to issue a license, denial of renewal, or revocation of license. 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. Chapter 850 Voluntary Registration of Family Day Homes Home-Based Child Care - Requirements for Providers 8VAC20-850-10. Definitions. 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 of age. "Toddler" means children from 16 months to 31 months of age. "Preschooler" means children from 31 months up of age 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 - Requirements for Providers. (8VAC20-850-10) requirements of this chapter. "Child" means any individual under younger than 18 years of age. "Contracting organization" means the agency which that 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 younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 home home-based child care" means any family day home which home-based child care program that has met the standards for voluntary registration for such homes pursuant to regulations promulgated by the State Board of Education and which that 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. 8VAC20-850-20. Provider eligibility.
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 of age, exclusive of the provider's own children and any children who reside in the home, shall be licensed. 8VAC20-850-30. Application for registration. 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:
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 that 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. 8VAC20-850-70. Denials, revocations, refusals to renew, and provider appeals procedures. 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 that adversely affects or presents a serious hazard to the health, safety, and general well-being of an enrolled child, or which that 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. 8VAC20-850-80. Provider reporting requirements. 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. 8VAC20-850-90. Provider record requirements. 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 the parent's 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 the parent's 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. 8VAC20-850-100. Staffing requirements. 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.
8VAC20-850-110. Health and safety checklist criteria. 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 that 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 standard, the date by which it the action 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.VA.R. Doc. No. R27-8689; Filed September 29, 2026TITLE 8. EDUCATIONSTATE BOARD OF EDUCATIONFinalTITLE 8. EDUCATION STATE BOARD OF EDUCATION Final Regulation REGISTRAR'S NOTICE: The State Board of Education is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corrections of technical errors, and in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision. Titles of Regulations: 8VAC20-790. Child Care Program (amending 8VAC20-790-10, 8VAC20-790-20, 8VAC20-790-80, 8VAC20-790-140, 8VAC20-790-160, 8VAC20-790-170, 8VAC20-790-190, 8VAC20-790-230, 8VAC20-790-250, 8VAC20-790-260, 8VAC20-790-300, 8VAC20-790-310, 8VAC20-790-350, 8VAC20-790-380, 8VAC20-790-410, 8VAC20-790-420). 8VAC20-800. Standards for Licensed Family Day Homes (amending 8VAC20-800-10, 8VAC20-800-30, 8VAC20-800-50 through 8VAC20-800-100, 8VAC20-800-160, 8VAC20-800-210, 8VAC20-800-220, 8VAC20-800-240, 8VAC20-800-260, 8VAC20-800-270, 8VAC20-800-330, 8VAC20-800-350, 8VAC20-800-480, 8VAC20-800-650, 8VAC20-800-660, 8VAC20-800-670, 8VAC20-800-710, 8VAC20-800-720, 8VAC20-800-760, 8VAC20-800-800, 8VAC20-800-840, 8VAC20-800-850, 8VAC20-800-870, 8VAC20-800-880, 8VAC20-800-890, 8VAC20-800-920, 8VAC20-800-980, 8VAC20-800-990). 8VAC20-810. Minimum Standards for Licensed Family Day Systems (amending 8VAC20-810-10 through 8VAC20-810-60). 8VAC20-821. General Procedures for the Licensure of Child Day Programs and Family Day Systems and Background Checks (amending 8VAC20-821-10 through 8VAC20-821-50, 8VAC20-821-90, 8VAC20-821-110, 8VAC20-821-120, 8VAC20-821-150, 8VAC20-821-170, 8VAC20-821-180, 8VAC20-821-200 through 8VAC20-821-230, 8VAC20-821-270, 8VAC20-821-290, 8VAC20-821-300, 8VAC20-821-310, 8VAC20-821-330). 8VAC20-850. Voluntary Registration of Family Day Homes - Requirements for Providers (amending 8VAC20-850-10, 8VAC20-850-20, 8VAC20-850-30, 8VAC20-850-70 through 8VAC20-850-110). Statutory Authority: § 22.1-16 of the Code of Virginia. Effective Date: November 18, 2026. Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov. Summary: The amendments (i) replace the term "family day home" and its derivatives with the term "home-based child care" pursuant to Chapter 917 of the 2026 Acts of Assembly, (ii) update references to a repealed chapter and to an office within the department, and (iii) make other technical changes. 8VAC20-790-10. Definitions. 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 for whom 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 the child 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 the child's 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 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. 8VAC20-790-20. Families and children to be served. 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 of age and is physically or mentally unable to care for himself, or is 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. 8VAC20-790-80. Determining payment amount.
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.
Part II Subsidy Program Vendor Requirements for Family Day Homes Home-Based Child Care 8VAC20-790-140. Definitions; subsidy program requirements for family day home home-based child care vendors. 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 younger 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 the child 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 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. "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 children in care for one through 12 children younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 of age up to the age of eligibility to attend public school, age five years of age 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 of age 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. 8VAC20-790-160. Purpose and applicability. 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 younger than the age of 13 years of age, less younger than the age of 18 years of age 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. 8VAC20-790-170. Operational responsibilities. 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) shall 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 of age or older are enrolled in the program and receive supervision in the program, they those children 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. 8VAC20-790-190. Children's information. 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. and other similar instructions; 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. 8VAC20-790-230. Immunizations for children. 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 A 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 of age. C. Pursuant to subsection C of § 22.1-271.2 C 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 Virginia 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. 8VAC20-790-250. Caregiver training and development. 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, and 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 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 administration shall be (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. 8VAC20-790-260. Building or home maintenance. 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 or 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 of age. M. Decks, porches, lofts, or balconies that do not have protective barriers or guardrails shall not be accessible to children.
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 younger than five years of age or a child older than five years who lacks of age and lacking 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 younger than the age of two years of age, 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. 8VAC20-790-310. Supervision near water. 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 Be 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.
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.
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 Virginia 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 life-threatening diseases shall be reported to parents immediately. 8VAC20-790-380. Preventing the spread of disease. A. A child shall not be allowed to attend the family day home home-based child care program for the day if he the child 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.
1. A first aid kit that contains, at a minimum:
a. Scissors; b. Tweezers; c. Gauze pads; d. Adhesive tape; e. Bandages, of 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. 8VAC20-790-420. Procedures for emergencies. 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 (e.g., 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 (e.g., 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 (e.g. 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;
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. Chapter 800 Standards for Licensed Family Day Homes Home-Based Child Care 8VAC20-800-10. Definitions. 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 younger than 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 younger than 13 years of age 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 younger 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. 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 younger than two years of age 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. 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 of age up to the age of eligibility to attend public school, age five years of age 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 years of age 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. 8VAC20-800-30. Operational responsibilities. 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 §§ Article 5 (§ 22.1-289.034 et seq.) of Chapter 14.1 of Title 22.1 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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). E. The provider shall ensure that the home's activities, services, and facilities are conducive to the welfare of children in care.
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. 8VAC20-800-60. Children's records. 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;
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. 8VAC20-800-70. Written information for parents.
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 the parent's 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. 8VAC20-800-80. Proof of age and identity; record of child care and schools. 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:
2. Erasing; or
3. Otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means. 8VAC20-800-90. Immunizations for children. 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 C 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 Virginia 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:
2. Once between each child's fourth and sixth birthdays.
8VAC20-800-100. Physical examinations for children. 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 of age; 3. Six months prior to attendance for children age 19 months through 24 months of age; 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 older. EXCEPTIONS C. Exceptions to the requirement of subsection A of this section include: 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 D 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. 8VAC20-800-160. Attributes for household members. Individuals 14 years of age and older who reside in the family day home home-based child care program shall:
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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). 8VAC20-800-210. Annual training. 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 and 8. Recognition and prevention of the spread of communicable diseases. 8VAC20-800-220. Medication administration training. 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. 8VAC20-800-240. Home maintenance. 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. 8VAC20-800-260. Drowning hazards. 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.
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 Be covered with safety covers while children are in care. 8VAC20-800-270. Firearms and ammunition. 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.
8VAC20-800-330. Telephones. 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. 8VAC20-800-350. Water supply.
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 that 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.
E. Hot water at taps available to children shall be maintained within a range of 105°F to 120°F.
8VAC20-800-480. Play equipment and materials. 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.
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 Virginia 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. 8VAC20-800-660. Swimming and wading activities. 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.
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. 8VAC20-800-720. Non-prescription medication. 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.
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. 8VAC20-800-840. Injury records. 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. 8VAC20-800-850. Reports to department. 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. 8VAC20-800-870. General requirements for meals and snacks.
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. 8VAC20-800-880. Meals and snacks provided by family day home home-based child care providers. 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. 8VAC20-800-890. Meals and snacks brought from child's home. 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. 8VAC20-800-920. Menus. 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. 8VAC20-800-980. Written permission for transportation and field trips. 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. 8VAC20-800-990. Requirements for drivers. 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 telephone). Chapter 810 Minimum Standards for Licensed Family Day Home-Based Child Care Systems 8VAC20-810-10. Definitions; license provisions. 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 the child's 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, which member home that 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 that approves providers of home-based child care as members of its system; that refers children to available home-based child care in that system; and that, 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 that 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 the individual's 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 Chapter 14.1 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 the conditional license 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 on-site 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 Chapter 14.1 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 superintendent reasonable 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 ensure 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 Chapter 14.1 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 Chapter 14.1 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. 8VAC20-810-20. Organization and administration.
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.)
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.
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 ensures a sound financial structure is maintained. f. Appointing a qualified director to whom it the governing board 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; and (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; and (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; and (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.)
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 the goals 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; and (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; and (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 ensures 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. 8VAC20-810-30. Personnel*.
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, except that 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.
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.
1. Composition and size.
a. Composition and number of staff employed by the system shall be sufficient to assure ensure: (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 that 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 July 1, 2021, 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 of 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 of 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 ensuring 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 July 1, 2021, 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 of 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, except that 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.
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. * E. The minimum personnel requirements and qualifications for family day-care member home providers and their staff are addressed in 8VAC20-810-40 B 1. 8VAC20-810-40. Services to system homes.
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 ensure 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 that 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 a 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 ensure that both providers and their staff are capable of providing acceptable care to children placed in the member home. At a 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 younger than two years of age shall be counted as two children in determining staff requirements. c. The physical environment which that 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 that 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 younger than 18 years of age. f. Methods of dealing with unacceptable behavior which that prohibit harsh and unreasonable punishment. g. Nutrition to assure ensure 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 the individual is free of tuberculosis in a communicable form, including the type or types of any test or tests used and the result or all 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 of 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 that 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 that may be placed by the Virginia Fire Safety Regulations on the maximum number of children who may be in care. j. Record keeping Recordkeeping 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, which 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 years of age 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 that 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 ensure that the home continues to comply with the system's standards. (1) At least two of these visits shall be unannounced; and (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 ensure 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 a 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 a 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. and other similar information; 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). 8VAC20-810-50. Services to children and families.
A. Referral to system homes.
1. Children shall be referred only to homes which that have been approved as required in subsection B of this section. 2. No child shall be referred to a home which that 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 of this section 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 the parent or guardian 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 otherwise 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 of this section except financial arrangements for care (See subdivision A 6 m of this section); (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 of this section and any other information that the system deems appropriate; and (b) Shall be signed by the parents 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) in this subdivision, 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 older. 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 younger than two years of age. (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 that 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 of this section.) 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 children's families to social, mental health, welfare, and medical services which that 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 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 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' service 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. 8VAC20-810-60. Records.
A. General requirements.
1. Any forms used for record keeping recordkeeping shall contain at minimum the information specified in these Standards 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 ensuring 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, except that 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 that 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 that 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 that 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.
3. Policies and procedures pertaining to member homes.
a. Policies and procedures which that describe the selection, evaluation, approval, and general management of homes which that 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 that 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 that 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 that 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 The record 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, and 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 July 1, 2021, 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 the provider's 18th birthday which that 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 July 1, 2021, 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 that 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 July 1, 2021, 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 that 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 The record 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 that 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 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. Chapter 821 General Procedures for the Licensure of Child Day Programs and Family Day Home-Based Child Care Systems and Background Checks 8VAC20-821-10. Definitions. 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 , 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 State 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 younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 that approves providers of home-based child care as members of its system; that refers children to available home-based child care in that system; and that, 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. 8VAC20-821-20. Necessity for license. 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. 8VAC20-821-30. License.
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. 8VAC20-821-40. Qualifications for licensure. 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 A 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. 8VAC20-821-50. Buildings and functional design. 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. 8VAC20-821-90. Refusal of license issuance. 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 A of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal. 8VAC20-821-110. Qualifications for renewal. 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. 8VAC20-821-120. Refusal of 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 A of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal. 8VAC20-821-150. Application fees. 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: Capacity Two-year licensing fee 1-12 $28 13-25 $70 26-50 $140 51-75 $210 76-200 $280 201 or more $400
D. A fee will be charged for checks that must be returned to the applicant because of insufficient funds.
8VAC20-821-170. Background checks required. 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. 8VAC20-821-180. Disqualifying background checks; prohibitions. 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 A 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 A 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. 8VAC20-821-200. New background checks. 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. 8VAC20-821-210. Maintenance of background check records. 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. 8VAC20-821-220. Waiver of criminal convictions. 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. 8VAC20-821-230. Public notification of waivers. 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. 8VAC20-821-270. Prohibited acts. 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 B 1 through B 6 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 8VAC20-821-290. Administrative sanctions. 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. 8VAC20-821-300. Revocation and denial. 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. 8VAC20-821-310. Summary suspension. 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. 8VAC20-821-330. Appeal of refusal to issue a license, denial of renewal, or revocation of license. 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. Chapter 850 Voluntary Registration of Family Day Homes Home-Based Child Care - Requirements for Providers 8VAC20-850-10. Definitions. 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 of age. "Toddler" means children from 16 months to 31 months of age. "Preschooler" means children from 31 months up of age 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 - Requirements for Providers. (8VAC20-850-10) requirements of this chapter. "Child" means any individual under younger than 18 years of age. "Contracting organization" means the agency which that 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 younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 home home-based child care" means any family day home which home-based child care program that has met the standards for voluntary registration for such homes pursuant to regulations promulgated by the State Board of Education and which that 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. 8VAC20-850-20. Provider eligibility.
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 of age, exclusive of the provider's own children and any children who reside in the home, shall be licensed. 8VAC20-850-30. Application for registration. 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:
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 that 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. 8VAC20-850-70. Denials, revocations, refusals to renew, and provider appeals procedures. 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 that adversely affects or presents a serious hazard to the health, safety, and general well-being of an enrolled child, or which that 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. 8VAC20-850-80. Provider reporting requirements. 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. 8VAC20-850-90. Provider record requirements. 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 the parent's 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 the parent's 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. 8VAC20-850-100. Staffing requirements. 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.
8VAC20-850-110. Health and safety checklist criteria. 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 that 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 standard, the date by which it the action 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.VA.R. Doc. No. R27-8689; Filed September 29, 2026TITLE 8. EDUCATIONSTATE BOARD OF EDUCATIONFinalTITLE 8. EDUCATION STATE BOARD OF EDUCATION Final Regulation REGISTRAR'S NOTICE: The State Board of Education is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corrections of technical errors, and in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision. Titles of Regulations: 8VAC20-790. Child Care Program (amending 8VAC20-790-10, 8VAC20-790-20, 8VAC20-790-80, 8VAC20-790-140, 8VAC20-790-160, 8VAC20-790-170, 8VAC20-790-190, 8VAC20-790-230, 8VAC20-790-250, 8VAC20-790-260, 8VAC20-790-300, 8VAC20-790-310, 8VAC20-790-350, 8VAC20-790-380, 8VAC20-790-410, 8VAC20-790-420). 8VAC20-800. Standards for Licensed Family Day Homes (amending 8VAC20-800-10, 8VAC20-800-30, 8VAC20-800-50 through 8VAC20-800-100, 8VAC20-800-160, 8VAC20-800-210, 8VAC20-800-220, 8VAC20-800-240, 8VAC20-800-260, 8VAC20-800-270, 8VAC20-800-330, 8VAC20-800-350, 8VAC20-800-480, 8VAC20-800-650, 8VAC20-800-660, 8VAC20-800-670, 8VAC20-800-710, 8VAC20-800-720, 8VAC20-800-760, 8VAC20-800-800, 8VAC20-800-840, 8VAC20-800-850, 8VAC20-800-870, 8VAC20-800-880, 8VAC20-800-890, 8VAC20-800-920, 8VAC20-800-980, 8VAC20-800-990). 8VAC20-810. Minimum Standards for Licensed Family Day Systems (amending 8VAC20-810-10 through 8VAC20-810-60). 8VAC20-821. General Procedures for the Licensure of Child Day Programs and Family Day Systems and Background Checks (amending 8VAC20-821-10 through 8VAC20-821-50, 8VAC20-821-90, 8VAC20-821-110, 8VAC20-821-120, 8VAC20-821-150, 8VAC20-821-170, 8VAC20-821-180, 8VAC20-821-200 through 8VAC20-821-230, 8VAC20-821-270, 8VAC20-821-290, 8VAC20-821-300, 8VAC20-821-310, 8VAC20-821-330). 8VAC20-850. Voluntary Registration of Family Day Homes - Requirements for Providers (amending 8VAC20-850-10, 8VAC20-850-20, 8VAC20-850-30, 8VAC20-850-70 through 8VAC20-850-110). Statutory Authority: § 22.1-16 of the Code of Virginia. Effective Date: November 18, 2026. Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov. Summary: The amendments (i) replace the term "family day home" and its derivatives with the term "home-based child care" pursuant to Chapter 917 of the 2026 Acts of Assembly, (ii) update references to a repealed chapter and to an office within the department, and (iii) make other technical changes. 8VAC20-790-10. Definitions. 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 for whom 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 the child 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 the child's 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 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. 8VAC20-790-20. Families and children to be served. 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 of age and is physically or mentally unable to care for himself, or is 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. 8VAC20-790-80. Determining payment amount.
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.
Part II Subsidy Program Vendor Requirements for Family Day Homes Home-Based Child Care 8VAC20-790-140. Definitions; subsidy program requirements for family day home home-based child care vendors. 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 younger 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 the child 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 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. "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 children in care for one through 12 children younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 of age up to the age of eligibility to attend public school, age five years of age 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 of age 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. 8VAC20-790-160. Purpose and applicability. 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 younger than the age of 13 years of age, less younger than the age of 18 years of age 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. 8VAC20-790-170. Operational responsibilities. 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) shall 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 of age or older are enrolled in the program and receive supervision in the program, they those children 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. 8VAC20-790-190. Children's information. 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. and other similar instructions; 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. 8VAC20-790-230. Immunizations for children. 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 A 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 of age. C. Pursuant to subsection C of § 22.1-271.2 C 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 Virginia 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. 8VAC20-790-250. Caregiver training and development. 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, and 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 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 administration shall be (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. 8VAC20-790-260. Building or home maintenance. 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 or 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 of age. M. Decks, porches, lofts, or balconies that do not have protective barriers or guardrails shall not be accessible to children.
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 younger than five years of age or a child older than five years who lacks of age and lacking 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 younger than the age of two years of age, 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. 8VAC20-790-310. Supervision near water. 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 Be 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.
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.
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 Virginia 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 life-threatening diseases shall be reported to parents immediately. 8VAC20-790-380. Preventing the spread of disease. A. A child shall not be allowed to attend the family day home home-based child care program for the day if he the child 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.
1. A first aid kit that contains, at a minimum:
a. Scissors; b. Tweezers; c. Gauze pads; d. Adhesive tape; e. Bandages, of 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. 8VAC20-790-420. Procedures for emergencies. 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 (e.g., 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 (e.g., 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 (e.g. 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;
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. Chapter 800 Standards for Licensed Family Day Homes Home-Based Child Care 8VAC20-800-10. Definitions. 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 younger than 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 younger than 13 years of age 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 younger 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. 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 younger than two years of age 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. 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 of age up to the age of eligibility to attend public school, age five years of age 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 years of age 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. 8VAC20-800-30. Operational responsibilities. 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 §§ Article 5 (§ 22.1-289.034 et seq.) of Chapter 14.1 of Title 22.1 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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). E. The provider shall ensure that the home's activities, services, and facilities are conducive to the welfare of children in care.
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. 8VAC20-800-60. Children's records. 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;
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. 8VAC20-800-70. Written information for parents.
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 the parent's 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. 8VAC20-800-80. Proof of age and identity; record of child care and schools. 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:
2. Erasing; or
3. Otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means. 8VAC20-800-90. Immunizations for children. 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 C 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 Virginia 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:
2. Once between each child's fourth and sixth birthdays.
8VAC20-800-100. Physical examinations for children. 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 of age; 3. Six months prior to attendance for children age 19 months through 24 months of age; 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 older. EXCEPTIONS C. Exceptions to the requirement of subsection A of this section include: 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 D 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. 8VAC20-800-160. Attributes for household members. Individuals 14 years of age and older who reside in the family day home home-based child care program shall:
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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). 8VAC20-800-210. Annual training. 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 and 8. Recognition and prevention of the spread of communicable diseases. 8VAC20-800-220. Medication administration training. 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. 8VAC20-800-240. Home maintenance. 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. 8VAC20-800-260. Drowning hazards. 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.
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 Be covered with safety covers while children are in care. 8VAC20-800-270. Firearms and ammunition. 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.
8VAC20-800-330. Telephones. 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. 8VAC20-800-350. Water supply.
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 that 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.
E. Hot water at taps available to children shall be maintained within a range of 105°F to 120°F.
8VAC20-800-480. Play equipment and materials. 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.
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 Virginia 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. 8VAC20-800-660. Swimming and wading activities. 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.
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. 8VAC20-800-720. Non-prescription medication. 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.
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. 8VAC20-800-840. Injury records. 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. 8VAC20-800-850. Reports to department. 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. 8VAC20-800-870. General requirements for meals and snacks.
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. 8VAC20-800-880. Meals and snacks provided by family day home home-based child care providers. 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. 8VAC20-800-890. Meals and snacks brought from child's home. 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. 8VAC20-800-920. Menus. 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. 8VAC20-800-980. Written permission for transportation and field trips. 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. 8VAC20-800-990. Requirements for drivers. 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 telephone). Chapter 810 Minimum Standards for Licensed Family Day Home-Based Child Care Systems 8VAC20-810-10. Definitions; license provisions. 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 the child's 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, which member home that 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 that approves providers of home-based child care as members of its system; that refers children to available home-based child care in that system; and that, 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 that 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 the individual's 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 Chapter 14.1 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 the conditional license 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 on-site 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 Chapter 14.1 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 superintendent reasonable 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 ensure 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 Chapter 14.1 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 Chapter 14.1 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. 8VAC20-810-20. Organization and administration.
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.)
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.
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 ensures a sound financial structure is maintained. f. Appointing a qualified director to whom it the governing board 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; and (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; and (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; and (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.)
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 the goals 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; and (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; and (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 ensures 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. 8VAC20-810-30. Personnel*.
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, except that 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.
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.
1. Composition and size.
a. Composition and number of staff employed by the system shall be sufficient to assure ensure: (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 that 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 July 1, 2021, 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 of 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 of 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 ensuring 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 July 1, 2021, 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 of 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, except that 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.
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. * E. The minimum personnel requirements and qualifications for family day-care member home providers and their staff are addressed in 8VAC20-810-40 B 1. 8VAC20-810-40. Services to system homes.
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 ensure 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 that 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 a 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 ensure that both providers and their staff are capable of providing acceptable care to children placed in the member home. At a 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 younger than two years of age shall be counted as two children in determining staff requirements. c. The physical environment which that 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 that 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 younger than 18 years of age. f. Methods of dealing with unacceptable behavior which that prohibit harsh and unreasonable punishment. g. Nutrition to assure ensure 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 the individual is free of tuberculosis in a communicable form, including the type or types of any test or tests used and the result or all 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 of 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 that 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 that may be placed by the Virginia Fire Safety Regulations on the maximum number of children who may be in care. j. Record keeping Recordkeeping 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, which 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 years of age 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 that 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 ensure that the home continues to comply with the system's standards. (1) At least two of these visits shall be unannounced; and (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 ensure 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 a 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 a 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. and other similar information; 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). 8VAC20-810-50. Services to children and families.
A. Referral to system homes.
1. Children shall be referred only to homes which that have been approved as required in subsection B of this section. 2. No child shall be referred to a home which that 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 of this section 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 the parent or guardian 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 otherwise 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 of this section except financial arrangements for care (See subdivision A 6 m of this section); (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 of this section and any other information that the system deems appropriate; and (b) Shall be signed by the parents 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) in this subdivision, 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 older. 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 younger than two years of age. (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 that 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 of this section.) 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 children's families to social, mental health, welfare, and medical services which that 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 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 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' service 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. 8VAC20-810-60. Records.
A. General requirements.
1. Any forms used for record keeping recordkeeping shall contain at minimum the information specified in these Standards 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 ensuring 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, except that 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 that 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 that 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 that 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.
3. Policies and procedures pertaining to member homes.
a. Policies and procedures which that describe the selection, evaluation, approval, and general management of homes which that 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 that 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 that 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 that 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 The record 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, and 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 July 1, 2021, 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 the provider's 18th birthday which that 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 July 1, 2021, 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 that 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 July 1, 2021, 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 that 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 The record 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 that 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 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. Chapter 821 General Procedures for the Licensure of Child Day Programs and Family Day Home-Based Child Care Systems and Background Checks 8VAC20-821-10. Definitions. 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 , 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 State 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 younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 that approves providers of home-based child care as members of its system; that refers children to available home-based child care in that system; and that, 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. 8VAC20-821-20. Necessity for license. 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. 8VAC20-821-30. License.
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. 8VAC20-821-40. Qualifications for licensure. 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 A 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. 8VAC20-821-50. Buildings and functional design. 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. 8VAC20-821-90. Refusal of license issuance. 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 A of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal. 8VAC20-821-110. Qualifications for renewal. 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. 8VAC20-821-120. Refusal of 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 A of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal. 8VAC20-821-150. Application fees. 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: Capacity Two-year licensing fee 1-12 $28 13-25 $70 26-50 $140 51-75 $210 76-200 $280 201 or more $400
D. A fee will be charged for checks that must be returned to the applicant because of insufficient funds.
8VAC20-821-170. Background checks required. 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. 8VAC20-821-180. Disqualifying background checks; prohibitions. 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 A 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 A 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. 8VAC20-821-200. New background checks. 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. 8VAC20-821-210. Maintenance of background check records. 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. 8VAC20-821-220. Waiver of criminal convictions. 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. 8VAC20-821-230. Public notification of waivers. 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. 8VAC20-821-270. Prohibited acts. 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 B 1 through B 6 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 8VAC20-821-290. Administrative sanctions. 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. 8VAC20-821-300. Revocation and denial. 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. 8VAC20-821-310. Summary suspension. 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. 8VAC20-821-330. Appeal of refusal to issue a license, denial of renewal, or revocation of license. 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. Chapter 850 Voluntary Registration of Family Day Homes Home-Based Child Care - Requirements for Providers 8VAC20-850-10. Definitions. 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 of age. "Toddler" means children from 16 months to 31 months of age. "Preschooler" means children from 31 months up of age 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 - Requirements for Providers. (8VAC20-850-10) requirements of this chapter. "Child" means any individual under younger than 18 years of age. "Contracting organization" means the agency which that 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 younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 home home-based child care" means any family day home which home-based child care program that has met the standards for voluntary registration for such homes pursuant to regulations promulgated by the State Board of Education and which that 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. 8VAC20-850-20. Provider eligibility.
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 of age, exclusive of the provider's own children and any children who reside in the home, shall be licensed. 8VAC20-850-30. Application for registration. 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:
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 that 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. 8VAC20-850-70. Denials, revocations, refusals to renew, and provider appeals procedures. 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 that adversely affects or presents a serious hazard to the health, safety, and general well-being of an enrolled child, or which that 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. 8VAC20-850-80. Provider reporting requirements. 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. 8VAC20-850-90. Provider record requirements. 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 the parent's 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 the parent's 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. 8VAC20-850-100. Staffing requirements. 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.
8VAC20-850-110. Health and safety checklist criteria. 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 that 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 standard, the date by which it the action 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.VA.R. Doc. No. R27-8689; Filed September 29, 2026TITLE 8. EDUCATIONSTATE BOARD OF EDUCATIONFinalTITLE 8. EDUCATION STATE BOARD OF EDUCATION Final Regulation REGISTRAR'S NOTICE: The State Board of Education is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corrections of technical errors, and in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision. Titles of Regulations: 8VAC20-790. Child Care Program (amending 8VAC20-790-10, 8VAC20-790-20, 8VAC20-790-80, 8VAC20-790-140, 8VAC20-790-160, 8VAC20-790-170, 8VAC20-790-190, 8VAC20-790-230, 8VAC20-790-250, 8VAC20-790-260, 8VAC20-790-300, 8VAC20-790-310, 8VAC20-790-350, 8VAC20-790-380, 8VAC20-790-410, 8VAC20-790-420). 8VAC20-800. Standards for Licensed Family Day Homes (amending 8VAC20-800-10, 8VAC20-800-30, 8VAC20-800-50 through 8VAC20-800-100, 8VAC20-800-160, 8VAC20-800-210, 8VAC20-800-220, 8VAC20-800-240, 8VAC20-800-260, 8VAC20-800-270, 8VAC20-800-330, 8VAC20-800-350, 8VAC20-800-480, 8VAC20-800-650, 8VAC20-800-660, 8VAC20-800-670, 8VAC20-800-710, 8VAC20-800-720, 8VAC20-800-760, 8VAC20-800-800, 8VAC20-800-840, 8VAC20-800-850, 8VAC20-800-870, 8VAC20-800-880, 8VAC20-800-890, 8VAC20-800-920, 8VAC20-800-980, 8VAC20-800-990). 8VAC20-810. Minimum Standards for Licensed Family Day Systems (amending 8VAC20-810-10 through 8VAC20-810-60). 8VAC20-821. General Procedures for the Licensure of Child Day Programs and Family Day Systems and Background Checks (amending 8VAC20-821-10 through 8VAC20-821-50, 8VAC20-821-90, 8VAC20-821-110, 8VAC20-821-120, 8VAC20-821-150, 8VAC20-821-170, 8VAC20-821-180, 8VAC20-821-200 through 8VAC20-821-230, 8VAC20-821-270, 8VAC20-821-290, 8VAC20-821-300, 8VAC20-821-310, 8VAC20-821-330). 8VAC20-850. Voluntary Registration of Family Day Homes - Requirements for Providers (amending 8VAC20-850-10, 8VAC20-850-20, 8VAC20-850-30, 8VAC20-850-70 through 8VAC20-850-110). Statutory Authority: § 22.1-16 of the Code of Virginia. Effective Date: November 18, 2026. Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov. Summary: The amendments (i) replace the term "family day home" and its derivatives with the term "home-based child care" pursuant to Chapter 917 of the 2026 Acts of Assembly, (ii) update references to a repealed chapter and to an office within the department, and (iii) make other technical changes. 8VAC20-790-10. Definitions. 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 for whom 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 the child 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 the child's 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 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. 8VAC20-790-20. Families and children to be served. 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 of age and is physically or mentally unable to care for himself, or is 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. 8VAC20-790-80. Determining payment amount.
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.
Part II Subsidy Program Vendor Requirements for Family Day Homes Home-Based Child Care 8VAC20-790-140. Definitions; subsidy program requirements for family day home home-based child care vendors. 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 younger 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 the child 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 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. "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 children in care for one through 12 children younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 of age up to the age of eligibility to attend public school, age five years of age 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 of age 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. 8VAC20-790-160. Purpose and applicability. 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 younger than the age of 13 years of age, less younger than the age of 18 years of age 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. 8VAC20-790-170. Operational responsibilities. 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) shall 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 of age or older are enrolled in the program and receive supervision in the program, they those children 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. 8VAC20-790-190. Children's information. 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. and other similar instructions; 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. 8VAC20-790-230. Immunizations for children. 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 A 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 of age. C. Pursuant to subsection C of § 22.1-271.2 C 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 Virginia 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. 8VAC20-790-250. Caregiver training and development. 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, and 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 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 administration shall be (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. 8VAC20-790-260. Building or home maintenance. 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 or 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 of age. M. Decks, porches, lofts, or balconies that do not have protective barriers or guardrails shall not be accessible to children.
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 younger than five years of age or a child older than five years who lacks of age and lacking 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 younger than the age of two years of age, 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. 8VAC20-790-310. Supervision near water. 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 Be 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.
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.
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 Virginia 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 life-threatening diseases shall be reported to parents immediately. 8VAC20-790-380. Preventing the spread of disease. A. A child shall not be allowed to attend the family day home home-based child care program for the day if he the child 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.
1. A first aid kit that contains, at a minimum:
a. Scissors; b. Tweezers; c. Gauze pads; d. Adhesive tape; e. Bandages, of 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. 8VAC20-790-420. Procedures for emergencies. 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 (e.g., 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 (e.g., 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 (e.g. 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;
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. Chapter 800 Standards for Licensed Family Day Homes Home-Based Child Care 8VAC20-800-10. Definitions. 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 younger than 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 younger than 13 years of age 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 younger 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. 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 younger than two years of age 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. 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 of age up to the age of eligibility to attend public school, age five years of age 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 years of age 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. 8VAC20-800-30. Operational responsibilities. 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 §§ Article 5 (§ 22.1-289.034 et seq.) of Chapter 14.1 of Title 22.1 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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). E. The provider shall ensure that the home's activities, services, and facilities are conducive to the welfare of children in care.
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. 8VAC20-800-60. Children's records. 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;
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. 8VAC20-800-70. Written information for parents.
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 the parent's 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. 8VAC20-800-80. Proof of age and identity; record of child care and schools. 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:
2. Erasing; or
3. Otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means. 8VAC20-800-90. Immunizations for children. 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 C 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 Virginia 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:
2. Once between each child's fourth and sixth birthdays.
8VAC20-800-100. Physical examinations for children. 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 of age; 3. Six months prior to attendance for children age 19 months through 24 months of age; 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 older. EXCEPTIONS C. Exceptions to the requirement of subsection A of this section include: 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 D 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. 8VAC20-800-160. Attributes for household members. Individuals 14 years of age and older who reside in the family day home home-based child care program shall:
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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). 8VAC20-800-210. Annual training. 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 and 8. Recognition and prevention of the spread of communicable diseases. 8VAC20-800-220. Medication administration training. 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. 8VAC20-800-240. Home maintenance. 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. 8VAC20-800-260. Drowning hazards. 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.
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 Be covered with safety covers while children are in care. 8VAC20-800-270. Firearms and ammunition. 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.
8VAC20-800-330. Telephones. 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. 8VAC20-800-350. Water supply.
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 that 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.
E. Hot water at taps available to children shall be maintained within a range of 105°F to 120°F.
8VAC20-800-480. Play equipment and materials. 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.
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 Virginia 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. 8VAC20-800-660. Swimming and wading activities. 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.
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. 8VAC20-800-720. Non-prescription medication. 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.
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. 8VAC20-800-840. Injury records. 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. 8VAC20-800-850. Reports to department. 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. 8VAC20-800-870. General requirements for meals and snacks.
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. 8VAC20-800-880. Meals and snacks provided by family day home home-based child care providers. 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. 8VAC20-800-890. Meals and snacks brought from child's home. 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. 8VAC20-800-920. Menus. 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. 8VAC20-800-980. Written permission for transportation and field trips. 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. 8VAC20-800-990. Requirements for drivers. 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 telephone). Chapter 810 Minimum Standards for Licensed Family Day Home-Based Child Care Systems 8VAC20-810-10. Definitions; license provisions. 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 the child's 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, which member home that 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 that approves providers of home-based child care as members of its system; that refers children to available home-based child care in that system; and that, 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 that 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 the individual's 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 Chapter 14.1 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 the conditional license 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 on-site 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 Chapter 14.1 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 superintendent reasonable 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 ensure 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 Chapter 14.1 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 Chapter 14.1 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. 8VAC20-810-20. Organization and administration.
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.)
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.
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 ensures a sound financial structure is maintained. f. Appointing a qualified director to whom it the governing board 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; and (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; and (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; and (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.)
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 the goals 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; and (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; and (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 ensures 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. 8VAC20-810-30. Personnel*.
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, except that 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.
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.
1. Composition and size.
a. Composition and number of staff employed by the system shall be sufficient to assure ensure: (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 that 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 July 1, 2021, 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 of 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 of 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 ensuring 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 July 1, 2021, 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 of 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, except that 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.
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. * E. The minimum personnel requirements and qualifications for family day-care member home providers and their staff are addressed in 8VAC20-810-40 B 1. 8VAC20-810-40. Services to system homes.
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 ensure 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 that 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 a 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 ensure that both providers and their staff are capable of providing acceptable care to children placed in the member home. At a 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 younger than two years of age shall be counted as two children in determining staff requirements. c. The physical environment which that 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 that 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 younger than 18 years of age. f. Methods of dealing with unacceptable behavior which that prohibit harsh and unreasonable punishment. g. Nutrition to assure ensure 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 the individual is free of tuberculosis in a communicable form, including the type or types of any test or tests used and the result or all 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 of 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 that 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 that may be placed by the Virginia Fire Safety Regulations on the maximum number of children who may be in care. j. Record keeping Recordkeeping 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, which 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 years of age 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 that 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 ensure that the home continues to comply with the system's standards. (1) At least two of these visits shall be unannounced; and (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 ensure 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 a 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 a 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. and other similar information; 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). 8VAC20-810-50. Services to children and families.
A. Referral to system homes.
1. Children shall be referred only to homes which that have been approved as required in subsection B of this section. 2. No child shall be referred to a home which that 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 of this section 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 the parent or guardian 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 otherwise 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 of this section except financial arrangements for care (See subdivision A 6 m of this section); (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 of this section and any other information that the system deems appropriate; and (b) Shall be signed by the parents 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) in this subdivision, 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 older. 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 younger than two years of age. (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 that 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 of this section.) 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 children's families to social, mental health, welfare, and medical services which that 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 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 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' service 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. 8VAC20-810-60. Records.
A. General requirements.
1. Any forms used for record keeping recordkeeping shall contain at minimum the information specified in these Standards 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 ensuring 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, except that 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 that 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 that 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 that 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.
3. Policies and procedures pertaining to member homes.
a. Policies and procedures which that describe the selection, evaluation, approval, and general management of homes which that 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 that 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 that 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 that 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 The record 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, and 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 July 1, 2021, 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 the provider's 18th birthday which that 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 July 1, 2021, 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 that 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 July 1, 2021, 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 that 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 The record 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 that 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 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. Chapter 821 General Procedures for the Licensure of Child Day Programs and Family Day Home-Based Child Care Systems and Background Checks 8VAC20-821-10. Definitions. 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 , 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 State 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 younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 that approves providers of home-based child care as members of its system; that refers children to available home-based child care in that system; and that, 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. 8VAC20-821-20. Necessity for license. 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. 8VAC20-821-30. License.
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. 8VAC20-821-40. Qualifications for licensure. 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 A 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. 8VAC20-821-50. Buildings and functional design. 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. 8VAC20-821-90. Refusal of license issuance. 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 A of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal. 8VAC20-821-110. Qualifications for renewal. 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. 8VAC20-821-120. Refusal of 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 A of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal. 8VAC20-821-150. Application fees. 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: Capacity Two-year licensing fee 1-12 $28 13-25 $70 26-50 $140 51-75 $210 76-200 $280 201 or more $400
D. A fee will be charged for checks that must be returned to the applicant because of insufficient funds.
8VAC20-821-170. Background checks required. 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. 8VAC20-821-180. Disqualifying background checks; prohibitions. 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 A 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 A 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. 8VAC20-821-200. New background checks. 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. 8VAC20-821-210. Maintenance of background check records. 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. 8VAC20-821-220. Waiver of criminal convictions. 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. 8VAC20-821-230. Public notification of waivers. 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. 8VAC20-821-270. Prohibited acts. 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 B 1 through B 6 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 8VAC20-821-290. Administrative sanctions. 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. 8VAC20-821-300. Revocation and denial. 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. 8VAC20-821-310. Summary suspension. 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. 8VAC20-821-330. Appeal of refusal to issue a license, denial of renewal, or revocation of license. 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. Chapter 850 Voluntary Registration of Family Day Homes Home-Based Child Care - Requirements for Providers 8VAC20-850-10. Definitions. 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 of age. "Toddler" means children from 16 months to 31 months of age. "Preschooler" means children from 31 months up of age 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 - Requirements for Providers. (8VAC20-850-10) requirements of this chapter. "Child" means any individual under younger than 18 years of age. "Contracting organization" means the agency which that 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 younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 home home-based child care" means any family day home which home-based child care program that has met the standards for voluntary registration for such homes pursuant to regulations promulgated by the State Board of Education and which that 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. 8VAC20-850-20. Provider eligibility.
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 of age, exclusive of the provider's own children and any children who reside in the home, shall be licensed. 8VAC20-850-30. Application for registration. 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:
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 that 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. 8VAC20-850-70. Denials, revocations, refusals to renew, and provider appeals procedures. 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 that adversely affects or presents a serious hazard to the health, safety, and general well-being of an enrolled child, or which that 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. 8VAC20-850-80. Provider reporting requirements. 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. 8VAC20-850-90. Provider record requirements. 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 the parent's 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 the parent's 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. 8VAC20-850-100. Staffing requirements. 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.
8VAC20-850-110. Health and safety checklist criteria. 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 that 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 standard, the date by which it the action 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.VA.R. Doc. No. R27-8689; Filed September 29, 2026TITLE 8. EDUCATIONSTATE BOARD OF EDUCATIONFinalTITLE 8. EDUCATION STATE BOARD OF EDUCATION Final Regulation REGISTRAR'S NOTICE: The State Board of Education is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corrections of technical errors, and in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision. Titles of Regulations: 8VAC20-790. Child Care Program (amending 8VAC20-790-10, 8VAC20-790-20, 8VAC20-790-80, 8VAC20-790-140, 8VAC20-790-160, 8VAC20-790-170, 8VAC20-790-190, 8VAC20-790-230, 8VAC20-790-250, 8VAC20-790-260, 8VAC20-790-300, 8VAC20-790-310, 8VAC20-790-350, 8VAC20-790-380, 8VAC20-790-410, 8VAC20-790-420). 8VAC20-800. Standards for Licensed Family Day Homes (amending 8VAC20-800-10, 8VAC20-800-30, 8VAC20-800-50 through 8VAC20-800-100, 8VAC20-800-160, 8VAC20-800-210, 8VAC20-800-220, 8VAC20-800-240, 8VAC20-800-260, 8VAC20-800-270, 8VAC20-800-330, 8VAC20-800-350, 8VAC20-800-480, 8VAC20-800-650, 8VAC20-800-660, 8VAC20-800-670, 8VAC20-800-710, 8VAC20-800-720, 8VAC20-800-760, 8VAC20-800-800, 8VAC20-800-840, 8VAC20-800-850, 8VAC20-800-870, 8VAC20-800-880, 8VAC20-800-890, 8VAC20-800-920, 8VAC20-800-980, 8VAC20-800-990). 8VAC20-810. Minimum Standards for Licensed Family Day Systems (amending 8VAC20-810-10 through 8VAC20-810-60). 8VAC20-821. General Procedures for the Licensure of Child Day Programs and Family Day Systems and Background Checks (amending 8VAC20-821-10 through 8VAC20-821-50, 8VAC20-821-90, 8VAC20-821-110, 8VAC20-821-120, 8VAC20-821-150, 8VAC20-821-170, 8VAC20-821-180, 8VAC20-821-200 through 8VAC20-821-230, 8VAC20-821-270, 8VAC20-821-290, 8VAC20-821-300, 8VAC20-821-310, 8VAC20-821-330). 8VAC20-850. Voluntary Registration of Family Day Homes - Requirements for Providers (amending 8VAC20-850-10, 8VAC20-850-20, 8VAC20-850-30, 8VAC20-850-70 through 8VAC20-850-110). Statutory Authority: § 22.1-16 of the Code of Virginia. Effective Date: November 18, 2026. Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov. Summary: The amendments (i) replace the term "family day home" and its derivatives with the term "home-based child care" pursuant to Chapter 917 of the 2026 Acts of Assembly, (ii) update references to a repealed chapter and to an office within the department, and (iii) make other technical changes. 8VAC20-790-10. Definitions. 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 for whom 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 the child 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 the child's 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 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. 8VAC20-790-20. Families and children to be served. 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 of age and is physically or mentally unable to care for himself, or is 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. 8VAC20-790-80. Determining payment amount.
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.
Part II Subsidy Program Vendor Requirements for Family Day Homes Home-Based Child Care 8VAC20-790-140. Definitions; subsidy program requirements for family day home home-based child care vendors. 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 younger 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 the child 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 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. "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 children in care for one through 12 children younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 of age up to the age of eligibility to attend public school, age five years of age 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 of age 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. 8VAC20-790-160. Purpose and applicability. 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 younger than the age of 13 years of age, less younger than the age of 18 years of age 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. 8VAC20-790-170. Operational responsibilities. 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) shall 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 of age or older are enrolled in the program and receive supervision in the program, they those children 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. 8VAC20-790-190. Children's information. 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. and other similar instructions; 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. 8VAC20-790-230. Immunizations for children. 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 A 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 of age. C. Pursuant to subsection C of § 22.1-271.2 C 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 Virginia 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. 8VAC20-790-250. Caregiver training and development. 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, and 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 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 administration shall be (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. 8VAC20-790-260. Building or home maintenance. 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 or 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 of age. M. Decks, porches, lofts, or balconies that do not have protective barriers or guardrails shall not be accessible to children.
O. Machinery in operation, such as lawnmowers and power tools, shall be inaccessible to the children in care.
8VAC20-790-300. Supervision and ratio requirements. 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:
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 younger than five years of age or a child older than five years who lacks of age and lacking 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 younger than the age of two years of age, 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. 8VAC20-790-310. Supervision near water. 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 Be 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.
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:
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.
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 Virginia 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 life-threatening diseases shall be reported to parents immediately. 8VAC20-790-380. Preventing the spread of disease. A. A child shall not be allowed to attend the family day home home-based child care program for the day if he the child 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.
8VAC20-790-410. First aid and emergency supplies. 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, of 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. 8VAC20-790-420. Procedures for emergencies. 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 (e.g., 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 (e.g., 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 (e.g. 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;
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. Chapter 800 Standards for Licensed Family Day Homes Home-Based Child Care 8VAC20-800-10. Definitions. 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 younger than 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 younger than 13 years of age 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 younger 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. 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 younger than two years of age 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. 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 of age up to the age of eligibility to attend public school, age five years of age 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 years of age 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. 8VAC20-800-30. Operational responsibilities. 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 §§ Article 5 (§ 22.1-289.034 et seq.) of Chapter 14.1 of Title 22.1 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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). 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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). 8VAC20-800-50. General recordkeeping. 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. 8VAC20-800-60. Children's records. 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;
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. 8VAC20-800-70. Written information for parents.
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 the parent's 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. 8VAC20-800-80. Proof of age and identity; record of child care and schools. 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:
2. Erasing; or
3. Otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means. 8VAC20-800-90. Immunizations for children. 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 C 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 Virginia 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:
2. Once between each child's fourth and sixth birthdays.
8VAC20-800-100. Physical examinations for children. 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 of age; 3. Six months prior to attendance for children age 19 months through 24 months of age; 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 older. EXCEPTIONS C. Exceptions to the requirement of subsection A of this section include: 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 D 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. 8VAC20-800-160. Attributes for household members. Individuals 14 years of age and older who reside in the family day home home-based child care program shall:
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 General Procedures for the Licensure of Child Day Programs and Home-Based Child Care Systems and Background Checks (8VAC20-821). 8VAC20-800-210. Annual training. 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 and 8. Recognition and prevention of the spread of communicable diseases. 8VAC20-800-220. Medication administration training. 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. 8VAC20-800-240. Home maintenance. 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. 8VAC20-800-260. Drowning hazards. 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 Be covered with safety covers while children are in care. 8VAC20-800-270. Firearms and ammunition. 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.
8VAC20-800-330. Telephones. 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. 8VAC20-800-350. Water supply.
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 that 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.
E. Hot water at taps available to children shall be maintained within a range of 105°F to 120°F.
8VAC20-800-480. Play equipment and materials. 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.
8VAC20-800-650. Parent notifications. 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 acknowledgment 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 Virginia 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. 8VAC20-800-660. Swimming and wading activities. 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.
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.
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. 8VAC20-800-670. Exclusion of sick children. 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 the child 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. 8VAC20-800-710. Prescription medication. 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. 8VAC20-800-720. Non-prescription medication. 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.
8VAC20-800-760. First aid and emergency medical supplies. 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, of 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 health care 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.
B. The first aid kit shall be readily accessible to caregivers and inaccessible to children.
8VAC20-800-800. Emergency preparedness and response plan. 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. 8VAC20-800-840. Injury records. 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. 8VAC20-800-850. Reports to department. 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. 8VAC20-800-870. General requirements for meals and snacks.
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. 8VAC20-800-880. Meals and snacks provided by family day home home-based child care providers. 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. 8VAC20-800-890. Meals and snacks brought from child's home. 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. 8VAC20-800-920. Menus. 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. 8VAC20-800-980. Written permission for transportation and field trips. 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. 8VAC20-800-990. Requirements for drivers. 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 telephone). Chapter 810 Minimum Standards for Licensed Family Day Home-Based Child Care Systems 8VAC20-810-10. Definitions; license provisions. 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 the child's 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, which member home that 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 that approves providers of home-based child care as members of its system; that refers children to available home-based child care in that system; and that, 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 that 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 the individual's 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 Chapter 14.1 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 the conditional license 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 on-site 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 Chapter 14.1 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 superintendent reasonable 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 ensure 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 Chapter 14.1 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 Chapter 14.1 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. 8VAC20-810-20. Organization and administration.
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.)
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 ensures a sound financial structure is maintained. f. Appointing a qualified director to whom it the governing board 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; and (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; and (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; and (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.)
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 the goals 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; and (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; and (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 ensures 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. 8VAC20-810-30. Personnel*.
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, except that 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.
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.
1. Composition and size.
a. Composition and number of staff employed by the system shall be sufficient to assure ensure: (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 that 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 July 1, 2021, 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 of 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 of 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 ensuring 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 July 1, 2021, 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 of 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, except that 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.
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. * E. The minimum personnel requirements and qualifications for family day-care member home providers and their staff are addressed in 8VAC20-810-40 B 1. 8VAC20-810-40. Services to system homes.
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 ensure 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 that 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 a 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 ensure that both providers and their staff are capable of providing acceptable care to children placed in the member home. At a 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 younger than two years of age shall be counted as two children in determining staff requirements. c. The physical environment which that 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 that 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 younger than 18 years of age. f. Methods of dealing with unacceptable behavior which that prohibit harsh and unreasonable punishment. g. Nutrition to assure ensure 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 the individual is free of tuberculosis in a communicable form, including the type or types of any test or tests used and the result or all 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 of 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 that 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 that may be placed by the Virginia Fire Safety Regulations on the maximum number of children who may be in care. j. Record keeping Recordkeeping 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, which 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 years of age 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 that 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 ensure that the home continues to comply with the system's standards. (1) At least two of these visits shall be unannounced; and (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 ensure 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 a 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 a 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. and other similar information; 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). 8VAC20-810-50. Services to children and families.
A. Referral to system homes.
1. Children shall be referred only to homes which that have been approved as required in subsection B of this section. 2. No child shall be referred to a home which that 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 of this section 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 the parent or guardian 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 otherwise 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 of this section except financial arrangements for care (See subdivision A 6 m of this section); (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 of this section and any other information that the system deems appropriate; and (b) Shall be signed by the parents 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) in this subdivision, 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 older. 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 younger than two years of age. (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 that 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 of this section.) 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 children's families to social, mental health, welfare, and medical services which that 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 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 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' service 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. 8VAC20-810-60. Records.
A. General requirements.
1. Any forms used for record keeping recordkeeping shall contain at minimum the information specified in these Standards 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 ensuring 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, except that 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 that 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 that 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 that 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 that 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 that describe the selection, evaluation, approval, and general management of homes which that 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 that 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 that 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 that 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 The record 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, and 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 July 1, 2021, 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 the provider's 18th birthday which that 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 July 1, 2021, 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 that 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 July 1, 2021, 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 that 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 The record 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 that 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 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. Chapter 821 General Procedures for the Licensure of Child Day Programs and Family Day Home-Based Child Care Systems and Background Checks 8VAC20-821-10. Definitions. 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 , 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 State 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 younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 that approves providers of home-based child care as members of its system; that refers children to available home-based child care in that system; and that, 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. 8VAC20-821-20. Necessity for license. 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. 8VAC20-821-30. License.
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. 8VAC20-821-40. Qualifications for licensure. 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 A 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. 8VAC20-821-50. Buildings and functional design. 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. 8VAC20-821-90. Refusal of license issuance. 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 A of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal. 8VAC20-821-110. Qualifications for renewal. 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. 8VAC20-821-120. Refusal of 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 A of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal. 8VAC20-821-150. Application fees. 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: Capacity Two-year licensing fee 1-12 $28 13-25 $70 26-50 $140 51-75 $210 76-200 $280 201 or more $400
B. The following fee schedule applies to child day programs that operate less than 12 weeks of a 12-month period:
Capacity Two-year licensing fee 1-50 $50 51 or more $110
D. A fee will be charged for checks that must be returned to the applicant because of insufficient funds.
8VAC20-821-170. Background checks required. 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. 8VAC20-821-180. Disqualifying background checks; prohibitions. 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 A 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 A 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. 8VAC20-821-200. New background checks. 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. 8VAC20-821-210. Maintenance of background check records. 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. 8VAC20-821-220. Waiver of criminal convictions. 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. 8VAC20-821-230. Public notification of waivers. 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. 8VAC20-821-270. Prohibited acts. 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 B 1 through B 6 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 8VAC20-821-290. Administrative sanctions. 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. 8VAC20-821-300. Revocation and denial. 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. 8VAC20-821-310. Summary suspension. 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. 8VAC20-821-330. Appeal of refusal to issue a license, denial of renewal, or revocation of license. 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. Chapter 850 Voluntary Registration of Family Day Homes Home-Based Child Care - Requirements for Providers 8VAC20-850-10. Definitions. 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 of age. "Toddler" means children from 16 months to 31 months of age. "Preschooler" means children from 31 months up of age 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 - Requirements for Providers. (8VAC20-850-10) requirements of this chapter. "Child" means any individual under younger than 18 years of age. "Contracting organization" means the agency which that 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 younger 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. The provider of licensed or registered home-based child care 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. 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 younger than two years of age 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. 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 home home-based child care" means any family day home which home-based child care program that has met the standards for voluntary registration for such homes pursuant to regulations promulgated by the State Board of Education and which that 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. 8VAC20-850-20. Provider eligibility.
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 of age, exclusive of the provider's own children and any children who reside in the home, shall be licensed. 8VAC20-850-30. Application for registration. 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:
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 that 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. 8VAC20-850-70. Denials, revocations, refusals to renew, and provider appeals procedures. 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 that adversely affects or presents a serious hazard to the health, safety, and general well-being of an enrolled child, or which that 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. 8VAC20-850-80. Provider reporting requirements. 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. 8VAC20-850-90. Provider record requirements. 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 the parent's 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 the parent's 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. 8VAC20-850-100. Staffing requirements. 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.
8VAC20-850-110. Health and safety checklist criteria. 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 that 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 standard, the date by which it the action 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.VA.R. Doc. No. R27-8689; Filed September 29, 2026TITLE 9. ENVIRONMENTSTATE AIR POLLUTION CONTROL BOARDFinalTITLE 9. ENVIRONMENT STATE AIR POLLUTION CONTROL BOARD Final Regulation REGISTRAR'S NOTICE: The following regulatory action is exempt from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by federal law or regulation. The State Air Pollution Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision. Title of Regulation: 9VAC5-40. Existing Stationary Sources (amending 9VAC5-40-7400, 9VAC5-40-7420). Statutory Authority: § 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 CFR Parts 51 and 60. Effective Date: November 19, 2026. Agency Contact: Julia Wack, Regulatory Analyst, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 432-3581, or email julia.n.wack@deq.virginia.gov. Background: On October 26, 2015 (80 FR 65292), the U.S. Environmental Protection Agency (EPA) strengthened the primary and secondary O3 new ozone national ambient air quality standards (NAAQS) to 0.070 ppm by adding 50.19 and Appendix U to 40 CFR Part 50. The Northern Virginia Ozone Moderate Nonattainment Area and Stafford County, which correspond to the Northern Virginia volatile organic compound (VOC) and nitrogen oxides (NOX) emissions control areas, and which are part of the Ozone Transport Region (OTR), must meet the reasonably available control technology (RACT) requirements of 40 CFR 51.1316 established by EPA on December 6, 2018 (83 FR 62998). The state regulations must be consistent with the federal regulations in order for the state to implement RACT. Summary: The amendments codify requirements for RACT determinations mandated by the Clean Air Act in the OTR when NAAQS are promulgated. 9VAC5-40-7400. Standard for volatile organic compounds (eight-hour ozone standard). A. No owner or other person shall cause or permit to be discharged from any affected facility any volatile organic compounds (VOCs) emissions in excess of that resultant from using RACT. B. The provisions of this section apply to all facilities that (i) are within a stationary source in the emissions control areas specified in Table 4-51B and (ii) are within a stationary source that has a theoretical potential to emit at the applicable source thresholds specified Table 4-51B. TABLE 4-51B. Notification and Compliance Dates for Facilities Located in VOC Emissions Control Areas. Standard Emissions Control Area Source Threshold Notification Date Compliance Date 1997 (0.08 ppm) Northern Virginia ≥ 50 tpy March 1, 2007 April 1, 2009 2008 (0.075 ppm) Northern Virginia ≥ 50 tpy February 1, 2016 January 1, 2017 2015 (0.070 ppm) Northern Virginia ≥ 50 tpy August 3, 2019 August 3, 2020 C. For facilities subject to the provisions of this section, the owners shall, by the notification dates specified in Table 4-51B, (i) notify the board of their applicability status, (ii) commit to making a determination as to what constitutes RACT for the facilities, and (iii) provide a schedule acceptable to the board for making this determination and for achieving compliance with the emission standard as expeditiously as possible but no later than the compliance dates specified in Table 4-51B. D. Nothing in this article shall exempt any facility subject to the provisions of 9VAC5-40-7390 from being subject to the provisions of this section. The board may reevaluate any RACT determination made under 9VAC5-40-7390 and require compliance with a new RACT determination as necessary to implement this section. E. Upon the request of the board, the owner of a facility subject to or exempt from the provisions of 9VAC5-40-7390 shall provide such information as the board deems necessary to determine if the facility is subject to this section. 9VAC5-40-7420. Standard for nitrogen oxides (eight-hour ozone standard). A. No owner or other person shall cause or permit to be discharged from any affected facility any nitrogen oxides (NOX) emissions in excess of that resultant from using RACT. B. Unless the owner demonstrates otherwise to the satisfaction of the board, facilities to which the presumptive RACT provisions of 9VAC5-40-7430 are applicable shall comply with the provisions of subsection A of this section by the use of presumptive RACT. C. The provisions of this section apply to all facilities that (i) are within a stationary source in the emissions control areas specified in Table 4-51E and (ii) are within a stationary source that has a theoretical potential to emit at the applicable source thresholds specified in Table 4-51E. TABLE 4-51E. Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for Which There is No Presumptive RACT. Standard Emissions Control Area Source Threshold Notification Date Compliance Date 1997 (0.08 ppm) Northern Virginia ≥ 100 tpy March 1, 2007 April 1, 2009 2008 (0.075 ppm) Northern Virginia ≥ 100 tpy February 1, 2016 January 1, 2017 2015 (0.070 ppm) Northern Virginia ≥ 100 tpy August 3, 2019 August 3, 2020 D. For facilities subject to the provisions of this section and for which there is no presumptive RACT definition, the owners shall, by the notification dates specified in Table 4-51E, (i) notify the board of their applicability status, (ii) commit to making a determination as to what constitutes RACT for the facilities, and (iii) provide a schedule acceptable to the board for making this determination and for achieving compliance with the emission standard as expeditiously as possible but no later than the compliance dates specified in Table 4-51E. E. For facilities subject to the provisions of this section and for which there is a presumptive RACT definition, the owners shall, by the notification dates specified in Table 4-51F, (i) notify the board of their applicability status, (ii) commit to accepting the presumptive RACT emission limits as RACT for the applicable facilities or to submitting a demonstration as provided in subsection B of this section, and (iii) provide a schedule acceptable to the board for submitting the demonstration no later than the demonstration dates specified in Table 4-51F and for achieving compliance with the emission standard as expeditiously as possible but no later than the compliance dates specified in Table 4-51F. TABLE 4-51F. Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for Which Presumptive RACT is Defined. Standard Emissions Control Area Source Threshold Notification Date Demonstration Date Compliance Date 1997 (0.08 ppm) Northern Virginia ≥ 100 tpy March 1, 2007 June 1, 2007 April 1, 2009 2008 (0.075 ppm) Northern Virginia ≥ 100 tpy February 1, 2016 February 1, 2016 January 1, 2017 2015 (0.070 ppm) Northern Virginia ≥ 100 tpy August 3, 2019 August 3, 2019 August 3, 2020 F. Nothing in this article shall exempt any facility subject to the provisions of 9VAC5-40-7410 from being subject to the provisions of this section. The board may reevaluate any RACT determination made under 9VAC5-40-7410 and require compliance with a new RACT determination as necessary to implement this section. G. Upon the request of the board, the owner of a facility subject to or exempt from the provisions of 9VAC5-40-7410 shall provide such information as the board deems necessary to determine if the facility is subject to this section.VA.R. Doc. No. R27-8749; Filed September 22, 2026TITLE 9. ENVIRONMENTSTATE AIR POLLUTION CONTROL BOARDFinalTITLE 9. ENVIRONMENT STATE AIR POLLUTION CONTROL BOARD Final Regulation REGISTRAR'S NOTICE: The State Air Pollution Control Board is claiming an exemption from the Administrative Process Act in accordance with Item 368 O of Chapter 1 of the 2026 Acts of Assembly, Special Session I, which exempts the actions of the board relating to the adoption of regulations necessary to implement the provisions of the act. Title of Regulation: 9VAC5-140. Regulation for Emissions Trading Programs (amending 9VAC5-140-7020, 9VAC5-140-7040, 9VAC5-140-7050, 9VAC5-140-7060, 9VAC5-140-7110, 9VAC5-140-7130, 9VAC5-140-7190, 9VAC5-140-7200, 9VAC5-140-7210, 9VAC5-140-7230, 9VAC5-140-7250, 9VAC5-140-7260, 9VAC5-140-7290, 9VAC5-140-7330, 9VAC5-140-7370, 9VAC5-140-7380, 9VAC5-140-7410, 9VAC5-140-7420; adding 9VAC5-140-7175; repealing 9VAC5-140-7340, 9VAC5-140-7350, 9VAC5-140-7360). Statutory Authority: §§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110, and 302 of the Clean Air Act; 40 CFR Parts 51, 96, and 97. Effective Date: January 1, 2027. Agency Contact: Julia Wack, Regulatory Analyst, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 432-3581, or email julia.n.wack@deq.virginia.gov. Summary: Pursuant to Item 368 O of Chapter 1 of the 2026 Acts of Assembly, Special Session I, the amendments (i) remove or revise obsolete terms, cost containment reserve (CCR) tier 2 terms, and trigger-price references and clarify definitions; (ii) remove the phrase "or its agent" in allowance offering, sale, or distribution contexts; (iii) add a new section, 9VAC5-140-7175, to clarify compliance obligations for the one-time six-month control period in 2026; (iv) update base budgets, add CCR tier 1 and tier 2 references, remove bank-adjustment details, and remove emission containment reserve (ECR) references; (v) remove certification, recertification, data substitution, and notification requirements already addressed under 40 CFR Part 75; and (vi) add CCR tier 2 mechanics, update CCR tier 1 language, and revise allowance-offering language. 9VAC5-140-7020. Definitions. A. As used in this part, all words or terms not defined here shall have the meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by the context. B. For the purpose of this part and any related use, the words or terms shall have the meanings given them in this section.
C. Terms defined.
"Account number" means the identification number given by the department or its agent to each COATS account. "Acid Rain emission limitation" means, as defined in 40 CFR 72.2, a limitation on emissions of sulfur dioxide (SO2) or nitrogen oxides (NOX) under the Acid Rain Program under Title IV of the CAA. "Acid Rain Program" means a multistate SO2 and NOX air pollution control and emission reduction program established by the administrator under Title IV of the CAA and 40 CFR Parts 72 through 78. "Adjustment for banked allowances" means an adjustment applied to the Virginia CO2 Budget Trading Program base budget for allocation years 2021 through 2025 to address allowances held in general and compliance accounts, including compliance accounts established pursuant to the CO2 Budget Trading Program, but not including accounts opened by participating states. "Administrator" means the administrator of the U.S. Environmental Protection Agency or the administrator's authorized representative. "Allocate" or "allocation" means the determination by the department of the number of CO2 allowances recorded in the CO2 allowance account of a CO2 budget unit. "Allocation year" means a calendar year for which the department allocates CO2 allowances pursuant to Article 5 (9VAC5-140-7190 et seq.) of this part. The allocation year of each CO2 allowance is reflected in the unique identification number given to the allowance pursuant to 9VAC5-140-7250 C. "Allowance auction" or "auction" means an auction in which the department or its agent offers CO2 allowances for sale. "Attribute" means a characteristic associated with electricity generated using a particular renewable fuel, such as its generation date, facility geographic location, unit vintage, emissions output, fuel, state program eligibility, or other characteristic that can be identified, accounted for, and tracked. "Attribute credit" means a credit that represents the attributes related to one megawatt-hour of electricity generation. "Automated Data Acquisition and Handling System" or "DAHS" means that component of the Continuous Emissions Monitoring System (CEMS), or other emissions monitoring system approved for use under Article 8 (9VAC5-140-7330 et seq.) of this part, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by Article 8 (9VAC5-140-7330 et seq.) of this part. "Billing meter" means a measurement device used to measure electric or thermal output for commercial billing under a contract. The owners of the facility selling the electric or thermal output shall have be different owners from the owners of the party purchasing the electric or thermal output. "Boiler" means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium. "CO2 allowance" means a limited authorization by the department or participating state under the CO2 Budget Trading Program to emit up to one ton of CO2, subject to all applicable limitations contained in this part. "CO2 allowance deduction" or "deduct CO2 allowances" means the permanent withdrawal of CO2 allowances by the department or its agent from a COATS compliance account to account for the number of tons of CO2 emitted from a CO2 budget source for a control period or an interim control period determined in accordance with Article 8 (9VAC5-140-7330 et seq.) of this part, or for the forfeit or retirement of CO2 allowances as provided by this part. "CO2 Allowance Tracking System" or "COATS" means the system by which the department or its agent records allocations, deductions, and transfers of CO2 allowances under the CO2 Budget Trading Program. The tracking system may also be used to track CO2 allowance prices and emissions from affected sources. "CO2 Allowance Tracking System account" means an account in COATS established by the department or its agent for purposes of recording the allocation, holding, transferring, or deducting of CO2 allowances. "CO2 allowance transfer deadline" means midnight of March 1 occurring after the end of the relevant control period and each relevant interim control period, or if that March 1 is not a business day, midnight of the first business day thereafter and is the deadline by which CO2 allowances shall must be submitted for recordation in a CO2 budget source's compliance account in order for the source to meet the CO2 requirements of 9VAC5-140-7050 C for a control period and each or interim control period immediately preceding such deadline. Deadlines are at midnight of the March 1 occurring after the end of the relevant control period or interim control period. If the relevant March 1 is not a business day, the deadline is midnight of the first business day thereafter. "CO2 allowances held" or "hold CO2 allowances" means the CO2 allowances recorded by the department or its agent, or submitted to the department or its agent for recordation, in accordance with Article 6 (9VAC5-140-7220 et seq.) and Article 7 (9VAC5-140-7300 et seq.) of this part, in a COATS account. "CO2 authorized account representative" means, for a CO2 budget source and each CO2 budget unit at the source, the natural person who is authorized by the owners and operators of the source and all CO2 budget units at the source, in accordance with Article 2 (9VAC5-140-7080 et seq.) of this part, to represent and legally bind each owner and operator in matters pertaining to the CO2 Budget Trading Program or, for a general account, the natural person who is authorized, under Article 6 (9VAC5-140-7220 et seq.) of this part, to transfer or otherwise dispose of CO2 allowances held in the general account. If the CO2 budget source is also subject to the Acid Rain Program, CSAPR NOX Annual Trading Program, CSAPR NOX Ozone Season Trading Program, CSAPR SO2 Group 1 Trading Program, or CSAPR SO2 Group 2 Trading Program, then for a CO2 Budget Trading Program compliance account, this natural person shall be the same person as the designated representative as defined in the respective program. "CO2 authorized alternate account representative" means, for a CO2 budget source and each CO2 budget unit at the source, the alternate natural person who is authorized by the owners and operators of the source and all CO2 budget units at the source, in accordance with Article 2 (9VAC5-140-7080 et seq.) of this part, to represent and legally bind each owner and operator in matters pertaining to the CO2 Budget Trading Program or, for a general account, the alternate natural person who is authorized, under Article 6 (9VAC5-140-7220 et seq.) of this part, to transfer or otherwise dispose of CO2 allowances held in the general account. If the CO2 budget source is also subject to the Acid Rain Program, CSAPR NOX Annual Trading Program, CSAPR NOX Ozone Season Trading Program, CSAPR SO2 Group 1 Trading Program, or CSAPR SO2 Group 2 Trading Program then, for a CO2 Budget Trading Program compliance account, this alternate natural person shall be the same person as the alternate designated representative as defined in the respective program. "CO2 budget emissions limitation" means, for a CO2 budget source, the tonnage equivalent, in CO2 emissions in a control period or an interim control period of the CO2 allowances available for compliance deduction for the source for a control period or twice the CO2 allowances available for an interim control period. "CO2 budget permit" means the portion of the legally binding permit issued by the department pursuant to 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation) to a CO2 budget source or CO2 budget unit that specifies the CO2 Budget Trading Program requirements applicable to the CO2 budget source, to each CO2 budget unit at the CO2 budget source or CO2 budget unit, and to the owners and operators and the CO2 authorized account representative of the CO2 budget source and each or CO2 budget unit. "CO2 budget source" means a source that includes one or more CO2 budget units. "CO2 Budget Trading Program" means a multistate CO2 air pollution control and emissions reduction program established according to this part and corresponding regulations in other participating states as a means of reducing emissions of CO2 from CO2 budget sources. "CO2 budget unit" means a unit that is subject to the CO2 Budget Trading Program requirements under 9VAC5-140-7040. "CO2 cost containment reserve tier 1 allowance" or "CO2 CCR tier 1 allowance" means an allowance that has been sold is offered for sale at an auction for the purpose of containing the cost of CO2 allowances. CO2 CCR tier 1 allowances offered for sale at an auction are separate from and additional to CO2 allowances allocated from the Virginia CO2 Budget Trading Program base and adjusted budgets. CO2 CCR tier 1 allowances are subject to all applicable limitations contained in this part. "CO2 cost containment reserve tier 2 allowance" or "CO2 CCR tier 2 allowance" means an allowance that is offered for sale at an auction for the purpose of containing the cost of CO2 allowances. CO2 CCR tier 2 allowances offered for sale at an auction are separate from and additional to CO2 allowances allocated from the Virginia CO2 Budget Trading Program budgets. CO2 CCR tier 2 allowances are subject to all applicable limitations contained in this part. "CO2 cost containment reserve tier 1 trigger price" or "CCR tier 1 trigger price" means the minimum price at which CO2 CCR tier 1 allowances are offered for sale by the department or its agent at an auction. The CCR tier 1 trigger price in calendar year 2021 shall be $13. The CCR trigger price in calendar year 2022 shall be $13.91 shall be $19.50 per CO2 allowance in calendar year 2027. Each calendar year thereafter, the CCR tier 1 trigger price shall be 1.07 multiplied by the CCR tier 1 trigger price from the previous calendar year, rounded to the nearest whole cent, as shown in Table 140-1A. Virginia's CO2 Budget Trading Program was not active from January 1, 2024, to June 30, 2026, inclusive, and requirements of Virginia's CO2 Budget Trading Program were not applicable during that time period, however, the CCR trigger price shall include escalations during the period the program was not active. Table 140-1A CO2 CCR Tier 1 Trigger Price 2021 $13.00 2022 $13.91 2023 $14.88 2024 $15.92 2025 $17.03 2026 $18.22 2027 $19.50 2028 $20.87 2029 $22.33 2030 $23.89 2031 $25.56 2032 $27.35 2033 $29.26 2034 $31.31 2035 $33.50 2036 $35.85 2037 $38.36 "CO2 emissions containment reserve allowance" or "CO2 ECR allowance" means a CO2 allowance that is withheld from sale at an auction by the department for the purpose of additional emission reduction in the event of lower than anticipated emission reduction costs. "CO2 emissions containment reserve trigger price" or "ECR trigger price" means the price below which CO2 allowances will be withheld from sale by the department or its agent at an auction. The ECR trigger price in calendar year 2021 shall be $6.00. Each calendar year thereafter, the ECR trigger price shall be 1.07 multiplied by the ECR trigger price from the previous calendar year, rounded to the nearest whole cent, as shown in Table 140-1B. Virginia's CO2 Budget Trading Program was not active from January 1, 2024, to June 30, 2026, inclusive, and requirements of Virginia's CO2 Budget Trading Program were not applicable during that time period, however, the ECR trigger price shall include escalations during the period the program was not active. Table 140-1B CO2 ECR Trigger Price 2021 $6.00 2022 $6.42 2023 $6.87 2024 $7.35 2025 $7.86 2026 $8.41 2027 $9.00 2028 $9.63 2029 $10.30 2030 $11.02 "CO2 cost containment reserve tier 2 trigger price" or "CCR tier 2 trigger price" means the minimum price at which CO2 CCR tier 2 allowances are offered for sale by the department at an auction. The CCR tier 2 trigger price shall be $29.25 per CO2 allowance in calendar year 2027. Each calendar year thereafter, the CCR tier 2 trigger price shall be 1.07 multiplied by the CCR tier 2 trigger price from the previous calendar year, rounded to the nearest whole cent as shown in Table 140-1B. Table 140-1B CO2 CCR Tier 2 Trigger Price 2027 $29.25 2028 $31.30 2029 $33.49 2030 $35.83 2031 $38.34 2032 $41.02 2033 $43.89 2034 $46.96 2035 $50.25 2036 $53.77 2037 $57.53 "CO2 offset allowance" means a CO2 allowance that is awarded to determined by the department to have been recorded by a participating state prior to January 1, 2027, in the general account of the sponsor of a CO2 emissions offset project by a participating state and is subject to the relevant compliance deduction limitations of the participating state's corresponding offset regulations as a means of reducing CO2 from CO2 budget sources. "Combined cycle system" means a system comprised of one or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production. "Combustion turbine" means an enclosed fossil or other fuel-fired device that is comprised of a compressor (if applicable), a combustor, and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine. "Commence commercial operation" means, with regard to a unit that serves a generator, to have begun begin to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation. For a unit that is a CO2 budget unit under 9VAC5-140-7040 on the date the unit commences commercial operation, such date shall remain the unit's date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or repowered. For a unit that is not a CO2 budget unit under 9VAC5-140-7040 on the date the unit commences commercial operation, the date the unit becomes a CO2 budget unit under 9VAC5-140-7040 shall be the unit's date of commencement of commercial operation. "Commence operation" means to begin any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber. For a unit that is a CO2 budget unit under 9VAC5-140-7040 on the date of commencement of operation, such date shall remain the unit's date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered. For a unit that is not a CO2 budget unit under 9VAC5-140-7040 on the date of commencement of operation, the date the unit becomes a CO2 budget unit under 9VAC5-140-7040 shall be the unit's date of commencement of operation. "Compliance account" means a COATS account, established by the department or its agent for a CO2 budget source under Article 6 (9VAC5-140-7220 et seq.) of this part, in which CO2 allowances available for use by the source for a control period and each or interim control period are held for the purpose of meeting the CO2 requirements of 9VAC5-140-7050 C. "Continuous Emissions Monitoring System" or "CEMS" means the equipment required under Article 8 (9VAC5-140-7330 et seq.) of this part to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated DAHS), a permanent record of stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration (as applicable), in a manner consistent with 40 CFR Part 75 and Article 8 (9VAC5-140-7330 et seq.) of this part. The following systems are types of CEMS required under Article 8 (9VAC5-140-7330 et seq.) of this part: a. A flow monitoring system, consisting of a stack flow rate monitor and an automated DAHS and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour; b. A NOX emissions rate (or NOX-diluent) monitoring system, consisting of a NOX pollutant concentration monitor, a diluent gas (CO2 or O2) monitor, and an automated DAHS and providing a permanent, continuous record of NOX concentration, in parts per million (ppm), diluent gas concentration, in percent CO2 or O2, and NOX emissions rate, in pounds per million British thermal units (lb/MMBtu); c. A moisture monitoring system, as defined in 40 CFR 75.11(b)(2) and providing a permanent, continuous record of the stack gas moisture content, in percent H2O; d. A CO2 monitoring system, consisting of a CO2 pollutant concentration monitor (or an O2 monitor plus suitable mathematical equations from which the CO2 concentration is derived) and an automated DAHS and providing a permanent, continuous record of CO2 emissions, in percent CO2; and e. An O2 monitoring system, consisting of an O2 concentration monitor and an automated DAHS and providing a permanent, continuous record of O2, in percent O2. "Control period" means a three-calendar-year time period with the exception noted in this definition. The fifth control period is from January 1, 2021, to December 31, 2023, inclusive, which is the first control period of Virginia's participation in the CO2 Budget Trading Program. The first two calendar years of each control period are each defined as an interim control period, beginning on January 1, 2021. There shall be was a one-time six-month control period from July 1, 2026, to December 31, 2026, inclusive. Each subsequent three-calendar-year time period is a separate control period. "Cross State Air Pollution Rule (CSAPR) NOX Annual Trading Program" means a multistate NOX air pollution control and emission reduction program established in accordance with Subpart AAAAA of 40 CFR Part 97 and 40 CFR 52.38(a), including such a program that is revised in a SIP revision approved by the administrator under 40 CFR 52.38(a)(3) or (4) or that is established in a SIP revision approved by the administrator under 40 CFR 52.38(a)(5), as a means of mitigating interstate transport of fine particulates and NOX. "Cross State Air Pollution Rule (CSAPR) NOX Ozone Season Trading Program" means a multistate NOX air pollution control and emission reduction program established in accordance with Subpart BBBBB of 40 CFR Part 97 and 40 CFR 52.38(b), including such a program that is revised in a SIP revision approved by the administrator under 40 CFR 52.38(b)(3) or (4) or that is established in a SIP revision approved by the administrator under 40 CFR 52.38(b)(5), as a means of mitigating interstate transport of ozone and NOX. "Cross State Air Pollution Rule (CSAPR) SO2 Group 1 Trading Program" means a multistate SO2 air pollution control and emission reduction program established in accordance with Subpart CCCCC of 40 CFR Part 97 and 40 CFR 52.39(a), (b), (d) through (f), (j), and (k), including such a program that is revised in a SIP revision approved by the administrator under 40 CFR 52.39(d) or (e) or that is established in a SIP revision approved by the administrator under 40 CFR 52.39(f), as a means of mitigating interstate transport of fine particulates and SO2. "Cross State Air Pollution Rule (CSAPR) SO2 Group 2 Trading Program" means a multistate SO2 air pollution control and emission reduction program established in accordance with Subpart DDDDD of 40 CFR Part 97 and 40 CFR 52.39(a), (c), and (g) through (k), including such a program that is revised in a SIP revision approved by the administrator under 40 CFR 52.39(g) or (h) or that is established in a SIP revision approved by the administrator under 40 CFR 52.39(i), as a means of mitigating interstate transport of fine particulates and SO2. "Department" means the Virginia Department of Environmental Quality. "Excess emissions" means any tonnage of CO2 emitted by a CO2 budget source during an interim control period or a control period that exceeds the CO2 budget emissions limitation for the source. "Excess interim emissions" means any tonnage of CO2 emitted by a CO2 budget source during an interim control period that when multiplied by 0.50 that exceeds the CO2 budget emissions limitation for the source. "Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material. "Fossil fuel-fired" means the combustion of fossil fuel, alone or in combination with any other fuel, where the fossil fuel combusted comprises, or is projected to comprise, more than 5.0% of the annual heat input on a Btu basis during any year. "General account" means a COATS account established under Article 6 (9VAC5-140-7220 et seq.) of this part that is not a compliance account. "Gross generation" means the electrical output in MWe at the terminals of the generator. "Interim control period" means a one-calendar-year time period during each of the first and second calendar years of each three-year control period. The first interim control period starts January 1, 2021, and ends December 31, 2021, inclusive. The second interim control period starts January 1, 2022, and ends December 31, 2022, inclusive. Each successive three-year control period will have two interim control periods, comprised of each of the first two calendar years of that control period. Virginia's CO2 Budget Trading Program was not active from January 1, 2024, to June 30, 2026, inclusive, and requirements of Virginia's CO2 Budget Trading Program were not applicable during that time period. "Life-of-the-unit contractual arrangement" means either: a. A unit participation power sales agreement under which a customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity or associated energy from any specified unit pursuant to a contract: (1) For the life of the unit; (2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or (3) For a period equal to or greater than 25 years or 70% of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period; or b. Any energy conversion or energy tolling agreement that has a primary term of 20 years or more and pursuant to which the purchaser is required to deliver fuel to the CO2 budget source or CO2 budget unit and is entitled to receive all of the nameplate capacity and associated energy generated by such source or unit for the entire contractual period. Such agreements shall be subject to 9VAC5-140-7325. Such purchaser shall not be considered an "owner" as defined under this section. "Maximum potential hourly heat input" means an hourly heat input used for reporting purposes when a unit lacks certified monitors to report heat input. If the unit intends to use Appendix D of 40 CFR Part 75 to report heat input, this value shall be calculated, in accordance with 40 CFR Part 75, using the maximum fuel flow rate and the maximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value shall be reported, in accordance with 40 CFR Part 75, using the maximum potential flow rate and either the maximum CO2 concentration in percent CO2 or the minimum O2 concentration in percent O2. "Minimum reserve price" means, in calendar year 2021 2027, $2.38 $9.00. Each calendar year thereafter, the minimum reserve price shall be 1.025 1.07 multiplied by the minimum reserve price from the previous calendar year, rounded to the nearest whole cent, as shown in Table 140-1C. Virginia's CO2 Budget Trading Program was not active from January 1, 2024, to June 30, 2026, inclusive, and requirements of Virginia's CO2 Budget Trading Program were not applicable during that time period, however, the minimum reserve price shall include escalations during the period the program was not active. Table 140-1C Minimum Reserve Price 2027 $9.00 2028 $9.63 2029 $10.30 2030 $11.02 2031 $11.79 2032 $12.62 2033 $13.50 2034 $14.45 2035 $15.46 2036 $16.54 2037 $17.70 "Monitoring system" means any monitoring system that meets the requirements of Article 8 (9VAC5-140-7330 et seq.) of this part, including a CEMS, an excepted monitoring system, or an alternative monitoring system. "Nameplate capacity" means the maximum electrical output in MWe that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings as measured in accordance with the U.S. Department of Energy standards. "Net-electric output" means the amount of gross generation in MWh the generators produce, including output from steam turbines, combustion turbines, and gas expanders, as measured at the generator terminals, less the electricity used to operate the plant (i.e., auxiliary loads); such uses include fuel handling equipment, pumps, fans, pollution control equipment, other electricity needs, and transformer losses as measured at the transmission side of the step up transformer (e.g., the point of sale). "Non-CO2 budget unit" means a unit that does not meet the applicability criteria of 9VAC5-140-7040. "Operator" means any person who operates, controls, or supervises a CO2 budget unit or a CO2 budget source, and shall include including any holding company, utility system, or plant manager of such a unit or source. "Owner" means any of the following persons: a. Any holder of any portion of the legal or equitable title in a CO2 budget unit; b. Any holder of a leasehold interest in a CO2 budget unit, other than a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from the CO2 budget unit; c. Any purchaser of power from a CO2 budget unit under a life-of-the-unit contractual arrangement in which the purchaser controls the dispatch of the unit; or d. With respect to any general account, any person who has an ownership interest with respect to the CO2 allowances held in the general account and who is subject to the binding agreement for the CO2 authorized account representative to represent that person's ownership interest with respect to the CO2 allowances. "Participating state" means a state that has established a corresponding regulation as part of the CO2 Budget Trading Program. "Receive" or "receipt of" means, when referring to the department or its agent, to come into possession of a document, information, or correspondence (whether sent in writing or by authorized electronic transmission) as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence by the department or its agent in the regular course of business. "Recordation," "record," or "recorded" means, with regard to CO2 allowances, the movement of CO2 allowances by the department or its agent from one COATS account to another for purposes of allocation, transfer, or deduction. "Reserve price" means the minimum acceptable price for each CO2 allowance in a specific auction. The reserve price at an auction is either the minimum reserve price, the CCR tier 1 trigger price, or the CCR tier 2 trigger price, as specified in Article 9 (9VAC5-140-7410 et seq.) of this part. "Serial number" means, when referring to CO2 allowances, the unique identification number assigned to each CO2 allowance by the department or its agent under 9VAC5-140-7250 C. "Source" means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any air pollutant. A source, including a source with multiple units, shall be considered a single facility. "Submit" or "serve" means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation: a. In person; b. By United States Postal Service; or c. By other means of dispatch or transmission and delivery. Compliance with any "submission," "service," or "mailing" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt. "Ton" or "tonnage" means any short ton, or 2,000 pounds. For the purpose of determining compliance with the CO2 requirements of 9VAC5-140-7050 C, total tons for an interim control period or a control period shall be calculated as the sum of all recorded hourly emissions, or the tonnage equivalent of the recorded hourly emissions rates, in accordance with Article 8 (9VAC5-140-7330 et seq.) of this part, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal one ton and any fraction of a ton less than 0.50 ton deemed to equal zero tons. A short ton is equal to 0.9072 metric tons. "Total useful energy" means the sum of gross electrical generation and useful net thermal energy. "Undistributed CO2 allowances" means CO2 allowances originally allocated to a set aside account as pursuant to 9VAC5-140-7210 that were not distributed. "Unit" means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system. "Unit operating day" means a calendar day in which a unit combusts any fuel. "Unsold CO2 allowances" means CO2 allowances that have been made available for sale in an auction conducted by the department or its agent, but not sold. "Useful net thermal energy" means energy: a. In the form of direct heat, steam, hot water, or other thermal form that is used in the production and beneficial measures for heating, cooling, humidity control, process use, or other thermal end use energy requirements, excluding thermal energy used in the power production process (e.g., house loads and parasitic loads); and b. For which fuel or electricity would otherwise be consumed. "Virginia CO2 Budget Trading Program adjusted budget" means an adjusted budget determined in accordance with 9VAC5-140-7210 and is the annual amount of CO2 tons available in Virginia for allocation in a given allocation year, in accordance with the CO2 Budget Trading Program. CO2 CCR allowances offered for sale at an auction are separate from and additional to CO2 allowances allocated from the Virginia CO2 Budget Trading Program adjusted budget. "Virginia CO2 Budget Trading Program base budget" means the budget specified in 9VAC5-140-7190. CO2 CCR tier 1 and CO2 CCR tier 2 allowances offered for sale at an auction are separate from and additional to CO2 allowances allocated from the Virginia CO2 Budget Trading Program base budget. 9VAC5-140-7040. Applicability. A. Any fossil fuel-fired unit that serves an electricity generator with a nameplate capacity equal to or greater than 25 MWe shall be a CO2 budget unit, and any source that includes one or more such units shall be a CO2 budget source, subject to the requirements of this part. B. Exempt from the requirements of this part is any fossil fuel CO2 budget source located at or adjacent to and physically interconnected with a manufacturing facility that, prior to January 1, 2020, and in every subsequent calendar year, met either of the following requirements:
1. Supplies less than or equal to 10% of its annual net electrical generation to the electric grid; or
2. Supplies less than or equal to 15% of its annual total useful energy to any entity other than the manufacturing facility to which the CO2 budget source is interconnected. For the purpose of subdivision 1 of this subsection, annual net electrical generation shall be determined as follows: (ES – EP) / EG x 100 Where: ES = electricity sales to the grid from the CO2 budget source EP = electricity purchases from the grid by the CO2 budget source and the manufacturing facility to which the CO2 budget source is interconnected EG = electricity generation Such exempt CO2 budget source shall have an operating permit containing the applicable restrictions under this subsection. An application for such operating permit shall be submitted to the department no later than January 1, 2022. C. Virginia's CO2 Budget Trading Program was not active from January 1, 2024, to June 30, 2026, inclusive, and requirements of Virginia's CO2 Budget Trading Program were not applicable during that time period.
D. There is was a one-time six-month control period from July 1, 2026, to December 31, 2026, inclusive.
E. When referenced in permits issued by the board or department prior to July 1, 2026, the following citations have the following meanings: 1. 9VAC5-140-6010 means 9VAC5-140-7010. 2. 9VAC5-140-6020 means 9VAC5-140-7020. 3. 9VAC5-140-6030 means 9VAC5-140-7030. 4. 9VAC5-140-6040 means 9VAC5-140-7040. 5. 9VAC5-140-6050 means 9VAC5-140-7050. 6. 9VAC5-140-6060 means 9VAC5-140-7060. 7. 9VAC5-140-6070 means 9VAC5-140-7070. 8. 9VAC5-140-6080 means 9VAC5-140-7080. 9. 9VAC5-140-6090 means 9VAC5-140-7090. 10. 9VAC5-140-6100 means 9VAC5-140-7100. 11. 9VAC5-140-6110 means 9VAC5-140-7110. 12. 9VAC5-140-6120 means 9VAC5-140-7120. 13. 9VAC5-140-6130 means 9VAC5-140-7130. 14. 9VAC5-140-6140 means 9VAC5-140-7140. 15. 9VAC5-140-6150 means 9VAC5-140-7150. 16. 9VAC5-140-6160 means 9VAC5-140-7160. 17. 9VAC5-140-6170 means 9VAC5-140-7170. 18. 9VAC5-140-6180 means 9VAC5-140-7180. 19. 9VAC5-140-6190 means 9VAC5-140-7190. 20. 9VAC5-140-6200 means 9VAC5-140-7200. 21. 9VAC5-140-6210 means 9VAC5-140-7210. 22. 9VAC5-140-6220 means 9VAC5-140-7220. 23. 9VAC5-140-6230 means 9VAC5-140-7230. 24. 9VAC5-140-6240 means 9VAC5-140-7240. 25. 9VAC5-140-6250 means 9VAC5-140-7250. 26. 9VAC5-140-6260 means 9VAC5-140-7260. 27. 9VAC5-140-6270 means 9VAC5-140-7270. 28. 9VAC5-140-6280 means 9VAC5-140-7280. 29. 9VAC5-140-6290 means 9VAC5-140-7290. 30. 9VAC5-140-6300 means 9VAC5-140-7300. 31. 9VAC5-140-6310 means 9VAC5-140-7310. 32. 9VAC5-140-6320 means 9VAC5-140-7320. 33. 9VAC5-140-6325 means 9VAC5-140-7325. 34. 9VAC5-140-6330 means 9VAC5-140-7330. 35. 9VAC5-140-6340 means 9VAC5-140-7340. 36. 9VAC5-140-6350 means 9VAC5-140-7350. 37. 9VAC5-140-6360 means 9VAC5-140-7360. 38. 9VAC5-140-6370 means 9VAC5-140-7370. 39. 9VAC5-140-6380 means 9VAC5-140-7380. 40. 9VAC5-140-6410 means 9VAC5-140-7410. 41. 9VAC5-140-6420 means 9VAC5-140-7420. 42. 9VAC5-140-6440 means 9VAC5-140-7440. 9VAC5-140-7050. Standard requirements.
A. Permit requirements shall be as follows.
1. The CO2 authorized account representative of each CO2 budget source required to have an operating permit pursuant to 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation) and each CO2 budget unit required to have an operating permit pursuant to 9VAC5-85 shall: a. Submit to the department a complete CO2 budget permit application under 9VAC5-140-7160 in accordance with the deadlines specified in 9VAC5-140-7150; and b. Submit in a timely manner any supplemental information that the department determines is necessary in order to review the CO2 budget permit application and issue or deny a CO2 budget permit. 2. The owners and operators of each CO2 budget source required to have an operating permit pursuant to 9VAC5-85, Permits for Stationary Sources of Pollutants Subject to Regulation, and each CO2 budget unit required to have an operating permit pursuant to 9VAC5-85 for the source shall have a CO2 budget permit and operate the CO2 budget source and the CO2 budget unit at the source in compliance with such CO2 budget permit.
B. Monitoring requirements shall be as follows.
1. The owners and operators and, to the extent applicable, the CO2 authorized account representative of each CO2 budget source and each CO2 budget unit at the source shall comply with the monitoring requirements of Article 8 (9VAC5-140-7330 et seq.) of this part. 2. The emissions measurements recorded and reported in accordance with Article 8 (9VAC5-140-7330 et seq.) of this part shall be used to determine compliance by the unit with the CO2 requirements under subsection C of this section.
C. CO2 requirements shall be as follows.
1. The owners and operators of each CO2 budget source and each CO2 budget unit at the source shall hold CO2 allowances available for compliance deductions under 9VAC5-140-7260, as of the CO2 allowance transfer deadline, in the source's compliance account in an amount not less than the total number of tons of CO2 emissions that have been generated as a result of combusting fossil fuel for an interim control period or control period from all CO2 budget units at the source, less the CO2 allowances deducted to meet the requirements of subdivision 2 of this subsection, with respect to the previous two interim control periods as determined in accordance with Article 6 (9VAC5-140-7220 et seq.) and Article 8 (9VAC5-140-7330 et seq.) of this part. 2. The owners and operators of each CO2 budget source and each CO2 budget unit at the source shall hold CO2 allowances available for compliance deductions under 9VAC5-140-7260, as of the CO2 allowance transfer deadline, in the source's compliance account in an amount not less than 0.50 times the total number of tons of CO2 emissions that have been generated as a result of combusting fossil fuel for the interim control period from all CO2 budget units at the source multiplied by 0.50, as determined in accordance with Article 6 (9VAC5-140-7220 et seq.) and Article 8 (9VAC5-140-7330 et seq.) of this part. 3. Each ton of CO2 emitted in excess of the CO2 budget emissions limitation for a control period shall constitute a separate violation of this part and applicable state law. 4. Each ton of excess interim emissions shall constitute a separate violation of this part and applicable state law. 5. A CO2 budget unit shall be subject to the requirements under subdivision 1 of this subsection starting on the later of January 1, 2021, or the date on which the unit commences operation. 6. CO2 allowances shall be held in, deducted from, or transferred among COATS accounts in accordance with Article 5 (9VAC5-140-7190 et seq.), Article 6 (9VAC5-140-7220 et seq.), and Article 7 (9VAC5-140-7300 et seq.) of this part. 7. A CO2 allowance shall not be deducted, to comply with the requirements under subdivision 1 or 2 of this subsection, for a control period that ends prior to the year for which the CO2 allowance was allocated. 8. A CO2 allowance under the CO2 Budget Trading Program is a limited authorization by the department to emit one ton of CO2 in accordance with the CO2 Budget Trading Program. No provision of the CO2 Budget Trading Program, the CO2 budget permit application, or the CO2 budget permit or any provision of law shall be construed to limit the authority of the department or a participating state to terminate or limit such authorization. 9. A CO2 allowance under the CO2 Budget Trading Program does not constitute a property right. D. The owners and operators of a CO2 budget source that has excess emissions in a any control period or excess interim emissions for any interim control period shall: 1. Forfeit the CO2 allowances required for deduction under 9VAC5-140-7260 D 1; and 2. Pay any fine, penalty, or assessment or comply with any other remedy imposed under 9VAC5-140-7260 D 2. E. Recordkeeping and reporting requirements shall be as follows: 1. Unless otherwise provided, the owners and operators of the CO2 budget source and each CO2 budget unit at the source shall keep on site at the source each of the following documents for a period of 10 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 10 years, in writing by the department. a. The account certificate of representation for the CO2 authorized account representative for the source and each CO2 budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with 9VAC5-140-7110, provided that the certificate and documents shall be retained on site at the source beyond such 10-year period until such documents are superseded because of the submission of a new account certificate of representation changing the CO2 authorized account representative. b. All emissions monitoring information, in accordance with Article 8 (9VAC5-140-7330 et seq.) of this part and 40 CFR 75.57. c. Copies of all reports, compliance certifications, and other submissions and all records made or required under the CO2 Budget Trading Program. d. Copies of all documents used to complete a CO2 budget permit application and any other submission under the CO2 Budget Trading Program or to demonstrate compliance with the requirements of the CO2 Budget Trading Program. 2. The CO2 authorized account representative of a CO2 budget source and each CO2 budget unit at the source shall submit the reports and compliance certifications required under the CO2 Budget Trading Program, including those under Article 4 (9VAC5-140-7170 et seq.) of this part.
F. Liability requirements shall be as follows.
1. No permit revision shall excuse any violation of the requirements of the CO2 Budget Trading Program that occurs prior to the date that the revision takes effect. 2. Any provision of the CO2 Budget Trading Program that applies to a CO2 budget source, including a provision applicable to the CO2 authorized account representative of a CO2 budget source, shall also apply to the owners and operators of such source and of the CO2 budget units at the source. 3. Any provision of the CO2 Budget Trading Program that applies to a CO2 budget unit, including a provision applicable to the CO2 authorized account representative of a CO2 budget unit, shall also apply to the owners and operators of such unit. G. No provision of the CO2 Budget Trading Program, a CO2 budget permit application, or a CO2 budget permit shall be construed as exempting or excluding the owners and operators and, to the extent applicable, the CO2 authorized account representative of the CO2 budget source or CO2 budget unit from compliance with any other provisions of applicable state and federal law or regulations. 9VAC5-140-7060. Computation of time. A. Unless otherwise stated, any time period scheduled, under the CO2 Budget Trading Program, to begin on the occurrence of an act or event shall begin on the day the act or event occurs. B. Unless otherwise stated, any time period scheduled, under the CO2 Budget Trading Program, to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs. C. Unless otherwise stated, if the final day of any time period, under the CO2 Budget Trading Program, falls on a weekend or a state or federal holiday, the time period shall be extended to the next business day. 9VAC5-140-7110. Account certificate of representation. A. A complete account certificate of representation for a CO2 authorized account representative or a CO2 authorized alternate account representative shall include the following elements in a format prescribed by the department or its agent: 1. Identification of the CO2 budget source and each CO2 budget unit at the source for which the account certificate of representation is submitted; 2. The name, address, email address, and telephone number, and facsimile transmission number of the CO2 authorized account representative and any CO2 authorized alternate account representative; 3. A list of the owners and operators of the CO2 budget source and of each CO2 budget unit at the source; 4. The following certification statement by the CO2 authorized account representative and any CO2 authorized alternate account representative: "I certify that I was selected as the CO2 authorized account representative or CO2 authorized alternate account representative, as applicable, by an agreement binding on the owners and operators of the CO2 budget source and each CO2 budget unit at the source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CO2 Budget Trading Program on behalf of the owners and operators of the CO2 budget source and of each CO2 budget unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the department or a court regarding the source or unit."; and 5. The signature of the CO2 authorized account representative and any CO2 authorized alternate account representative and the dates signed. B. Unless otherwise required by the department or its agent, documents of agreement referred to in the account certificate of representation shall not be submitted to the department or its agent. Neither the department nor its agent shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted. 9VAC5-140-7130. Delegation by CO2 authorized account representative and CO2 authorized alternate account representative. A. A CO2 authorized account representative may delegate, to one or more natural persons, his authority to make an electronic submission to the department or its agent under this part. B. A CO2 authorized alternate account representative may delegate, to one or more natural persons, his authority to make an electronic submission to the department or its agent under this part. C. To delegate authority to make an electronic submission to the department or its agent in accordance with subsections A and B of this section, the CO2 authorized account representative or CO2 authorized alternate account representative, as appropriate, shall submit to the department or its agent a notice of delegation, in a format prescribed by the department that includes the following elements: 1. The name, address, email address, and telephone number, and facsimile transmission number of such CO2 authorized account representative or CO2 authorized alternate account representative; 2. The name, address, email address, and telephone number, and facsimile transmission number of each such natural person, referred to as the "electronic submission agent"; 3. For each such natural person, a list of the type types of electronic submissions under subsection A or B of this section for which authority is delegated to him; and 4. The following certification statement by such CO2 authorized account representative or CO2 authorized alternate account representative: "I agree that any electronic submission to the department or its agent that is by a natural person identified in this notice of delegation and of a type listed for such electronic submission agent in this notice of delegation and that is made when while I am a CO2 authorized account representative or CO2 authorized alternate account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 9VAC5-140-7130 D shall be deemed to be an electronic submission by me. Until this notice of delegation is superseded by another notice of delegation under 9VAC5-140-7130 D, I agree to maintain an email account and to notify the department or its agent immediately of any change in my email address unless all delegation authority by me under 9VAC5-140-7130 is terminated." D. A notice of delegation submitted under subsection C of this section shall be effective, with regard to the CO2 authorized account representative or CO2 authorized alternate account representative identified in such notice, upon receipt of such notice by the department or its agent and until receipt by the department or its agent of a superseding notice of delegation by such CO2 authorized account representative or CO2 authorized alternate account representative as appropriate. The superseding notice of delegation may replace any previously identified electronic submission agent, add a new electronic submission agent, or eliminate entirely any delegation of authority. E. Any electronic submission covered by the certification in subdivision C 4 of this section and made in accordance with a notice of delegation effective under subsection D of this section shall be deemed to be an electronic submission by the CO2 authorized account representative or CO2 authorized alternate account representative submitting such notice of delegation. F. A CO2 authorized account representative may delegate, to one or more natural persons, his authority to review information in the CO2 allowance tracking system under this part. G. A CO2 authorized alternate account representative may delegate, to one or more natural persons, his authority to review information in the CO2 allowance tracking system under this part. H. To delegate authority to review information in the CO2 allowance tracking system in accordance with subsections F and G of this section, the CO2 authorized account representative or CO2 authorized alternate account representative, as appropriate, shall submit to the department or its agent a notice of delegation, in a format prescribed by the department that includes the following elements: 1. The name, address, email address, and telephone number, and facsimile transmission number of such CO2 authorized account representative or CO2 authorized alternate account representative; 2. The name, address, email address, and telephone number, and facsimile transmission number of each such natural person, referred to as the "reviewer"; 3. For each such natural person, a list of the type of information under subsection F or G of this section for which reviewing authority is delegated to him; and 4. The following certification statement by such CO2 authorized account representative or CO2 authorized alternate account representative: "I agree that any information that is reviewed by a natural person identified in this notice of delegation and of a type listed for such information accessible by the reviewer in this notice of delegation and that is made when I am a CO2 authorized account representative or CO2 authorized alternate account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under subsection I of this section shall be deemed to be a reviewer by me. Until this notice of delegation is superseded by another notice of delegation under subsection I of this section, I agree to maintain an email account and to notify the department or its agent immediately of any change in my email address unless all delegation authority by me under this section is terminated." I. A notice of delegation submitted under subsection H of this section shall be effective, with regard to the CO2 authorized account representative or CO2 authorized alternate account representative identified in such notice, upon receipt of such notice by the department or its agent and until receipt by the department or its agent of a superseding notice of delegation by such CO2 authorized account representative or CO2 authorized alternate account representative as appropriate. The superseding notice of delegation may replace any previously identified reviewer, add a new reviewer, or eliminate entirely any delegation of authority. 9VAC5-140-7175. Compliance during transition to updated rule. Each CO2 budget source shall place the allowances needed to meet its full compliance obligation for the control period from July 1, 2026, to December 31, 2026, inclusive, into its compliance account in COATS. This should be done as soon as practicable but no later than March 1, 2027, in order for the allowances to be deducted from the source's compliance account to meet the full compliance obligation for this period. 9VAC5-140-7190. Base budgets. A. The Virginia CO2 Budget Trading Program base budget shall be as follows: 1. For 2021, the Virginia CO2 Budget Trading Program base budget is 27.16 million tons. 2. For 2022, the Virginia CO2 Budget Trading Program base budget is 26.32 million tons. 3. For 2023, the Virginia CO2 Budget Trading Program base budget is 25.48 million tons. 4. For 2024, the Virginia CO2 Budget Trading Program base budget is 24.64 million tons. 5. For 2025, the Virginia CO2 Budget Trading Program base budget is 23.80 million tons. 6. For 2026, the Virginia CO2 Budget Trading Program base budget is half of 22.96 million tons, or 11.48 million tons, for the period from July 1, 2026, to December 31, 2026, inclusive. 7. 1. For 2027, the Virginia CO2 Budget Trading Program base budget is 22.12 million 20,408,889 tons. 8. 2. For 2028, the Virginia CO2 Budget Trading Program base budget is 21.28 million 17,857,778 tons. 9. 3. For 2029, the Virginia CO2 Budget Trading Program base budget is 20.44 million 15,306,667 tons. 10. 4. For 2030, the Virginia CO2 Budget Trading Program base budget is 19.60 million 12,755,556 tons. 5. For 2031, the Virginia CO2 Budget Trading Program base budget is 10,204,445 tons. 6. For 2032, the Virginia CO2 Budget Trading Program base budget is 7,653,334 tons. 7. For 2033, the Virginia CO2 Budget Trading Program base budget is 5,102,223 tons. 8. For 2034, the Virginia CO2 Budget Trading Program base budget is 4,373,334 tons. 9. For 2035, the Virginia CO2 Budget Trading Program base budget is 3,644,445 tons. 10. For 2036, the Virginia CO2 Budget Trading Program base budget is 2,915,556 tons. B. For 2031 2037 and each succeeding calendar year, the Virginia CO2 Budget Trading Program base budget is 19.60 million 2,186,667 tons unless modified as a result of a program review and future regulatory action. 9VAC5-140-7200. Undistributed and unsold CO2 allowances.
B. The department will may retire unsold CO2 allowances at the end of each control period.
9VAC5-140-7210. CO2 allowance allocations. A. The department will allocate the Virginia CO2 Budget Trading Program base budget CO2 allowances to the Virginia Auction Account. B. For allocation years 2021 through 2030 year 2027 and each succeeding calendar year, the Virginia CO2 Budget Trading Program adjusted base budget shall be the maximum number of allowances available for allocation in a given allocation year, except for CO2 CCR tier 1 and CO2 CCR tier 2 allowances. C. In the event that the CCR is triggered during an auction, the department will allocate CO2 CCR tier 1 and CO2 CCR tier 2 allowances, separate from and additional to the Virginia CO2 Budget Trading Program base budget set forth in 9VAC5-140-7190 to the Virginia Auction Account. The CCR allocation is for the purpose of containing the cost of CO2 allowances. The department will allocate CO2 CCR allowances as follows: 1. On or before January 1, 2021 2027, and each year thereafter, the department will allocate 3,434,188 current vintage year CO2 CCR tier 1 and 3,434,188 CO2 CCR tier 2 allowances equal to the quantity in Table 140-5A and withdraw the number of CO2 CCR tier 1 and CO2 CCR tier 2 allowances that remain in the Virginia Auction Account at the end of the prior calendar year. Table 140-5ACO2 CCR Allowances from 2021 Forward 2021 2.716 million tons 2022 2.632 million tons 2023 2.548 million tons 2024 2.464 million tons 2025 2.380 million tons 2026 1.148 million tons 2027 2.212 million tons 2028 2.128 million tons 2029 2.044 million tons 2030 and each year thereafter 1.960 million tons 2. CCR allowances allocated for a calendar year will be automatically transferred to the Virginia Auction Account to be auctioned. Following each auction, all CO2 CCR allowances sold at auction will be transferred to winning bidders' accounts as CO2 CCR allowances. 3. Unsold CO2 CCR allowances will remain in the Virginia Auction Account to be re-offered for sale at auction within the same calendar year. CO2 CCR allowances remaining unsold at the end of the calendar year in which they were originated will be made unavailable for sale at future auctions. D. In the event that the ECR is triggered during an auction, the department will authorize its agent to withhold CO2 allowances as needed. The department will further authorize its agent to convert and transfer any CO2 allowances that have been withheld from any auction into the Virginia ECR account. The ECR withholding is for the purpose of additional emission reduction in the event of lower than anticipated emission reduction costs. The department's agent will withhold CO2 ECR allowances as follows: 1. If the condition in 9VAC5-140-7420 C 1 is met at an auction, then the maximum number of CO2 ECR allowances that will be withheld from that auction will be equal to the quantity shown in Table 140-5B minus the total quantity of CO2 ECR allowances that have been withheld from any prior auction in that calendar year. Any CO2 ECR allowances withheld from an auction will be transferred into the Virginia ECR account. Table 140-5BECR Allowances from 2021 Forward 2021 2.716 million tons 2022 2.632 million tons 2023 2.548 million tons 2024 2.464 million tons 2025 2.380 million tons 2026 1.148 million tons 2027 2.212 million tons 2028 2.128 million tons 2029 2.044 million tons 2030 and each year thereafter 1.960 million tons 2. Allowances that have been transferred into the Virginia ECR account shall not be withdrawn. E. The adjustment for banked allowances will be as follows. On March 15, 2021, the department may determine the adjustment for banked allowances quantity for allocation years 2021 through 2025 through the application of the following formula: TABA = ((TA – TAE)/5) x RS% Where: TABA is the adjustment for banked allowances quantity in tons. TA, adjustment, is the total quantity of allowances of vintage years prior to 2021 held in general and compliance accounts, including compliance accounts established pursuant to the CO2 Budget Trading Program but not including accounts opened by participating states, as reflected in the CO2 Allowance Tracking System on March 15, 2021. TAE, adjustment emissions, is the total quantity of 2018, 2019, and 2020 emissions from all CO2 budget sources in all participating states, reported pursuant to CO2 Budget Trading Program as reflected in the CO2 Allowance Tracking System on March 15, 2021. RS% is Virginia budget divided by the regional budget. F. CO2 Budget Trading Program adjusted budgets for 2021 through 2025 shall be determined as follows: on April 15, 2021, the department will determine the Virginia CO2 Budget Trading Program adjusted budgets for the 2021 through 2025 allocation years by the following formula: AB = BB – TABA Where: AB is the Virginia CO2 Budget Trading Program adjusted budget. BB is the Virginia CO2 Budget Trading Program base budget. TABA is the adjustment for banked allowances quantity in tons. G. The department or its agent will publish the CO2 trading program adjusted budgets for the 2021 through 2025 allocation years. 9VAC5-140-7230. Establishment of accounts. A. Upon receipt of a complete account certificate of representation under 9VAC5-140-7110, the department or its agent will establish an allowance account and a compliance account for each CO2 budget source for which an account certificate of representation was submitted.
B. General accounts shall operate as follows.
1. Any person may apply to open a general account for the purpose of holding and transferring CO2 allowances. An application for a general account may designate one and only one CO2 authorized account representative and one and only one CO2 authorized alternate account representative who may act on behalf of the CO2 authorized account representative. The agreement by which the CO2 authorized alternate account representative is selected shall include a procedure for authorizing the CO2 authorized alternate account representative to act in lieu of the CO2 authorized account representative. A complete application for a general account shall be submitted to the department or its agent and shall include the following elements in a format prescribed by the department or its agent: a. Name, address, email address, and telephone number, and facsimile transmission number of the CO2 authorized account representative and any CO2 authorized alternate account representative; b. At the option of the CO2 authorized account representative, organization name and type of organization; c. A list of all persons subject to a binding agreement for the CO2 authorized account representative or any CO2 authorized alternate account representative to represent their ownership interest with respect to the CO2 allowances held in the general account; d. The following certification statement by the CO2 authorized account representative and any CO2 authorized alternate account representative: "I certify that I was selected as the CO2 authorized account representative or the CO2 authorized alternate account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CO2 allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CO2 Budget Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the department or its agent or a court regarding the general account."; e. The signature of the CO2 authorized account representative and any CO2 authorized alternate account representative and the dates signed; and f. Unless otherwise required by the department or its agent, documents of agreement referred to in the application for a general account shall not be submitted to the department or its agent. Neither the department nor its agent shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted. 2. Authorization of the CO2 authorized account representative shall be as follows: a. Upon receipt by the department or its agent of a complete application for a general account under subdivision 1 of this subsection: (1) The department or its agent will establish a general account for the person for whom the application is submitted. (2) The CO2 authorized account representative and any CO2 authorized alternate account representative for the general account shall represent and, by his representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CO2 allowances held in the general account in all matters pertaining to the CO2 Budget Trading Program, notwithstanding any agreement between the CO2 authorized account representative or any CO2 authorized alternate account representative and such person. Any such person shall be bound by any order or decision issued to the CO2 authorized account representative or any CO2 authorized alternate account representative by the department or its agent or a court regarding the general account. (3) Any representation, action, inaction, or submission by any CO2 authorized alternate account representative shall be deemed to be a representation, action, inaction, or submission by the CO2 authorized account representative. b. Each submission concerning the general account shall be submitted, signed, and certified by the CO2 authorized account representative or any CO2 authorized alternate account representative for the persons having an ownership interest with respect to CO2 allowances held in the general account. Each such submission shall include the following certification statement by the CO2 authorized account representative or any CO2 authorized alternate account representative: "I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the CO2 allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment." c. The department or its agent will accept or act on a submission concerning the general account only if the submission has been made, signed, and certified in accordance with subdivision 2 b of this subsection. 3. Changing CO2 authorized account representative and CO2 authorized alternate account representative, and changes in persons with ownership interest, shall be accomplished as follows: a. The CO2 authorized account representative for a general account may be changed at any time upon receipt by the department or its agent of a superseding complete application for a general account under subdivision 1 of this subsection. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO2 authorized account representative, or the previous CO2 authorized alternate account representative, prior to the time and date when the department or its agent receives the superseding application for a general account shall be binding on the new CO2 authorized account representative and the persons with an ownership interest with respect to the CO2 allowances in the general account. b. The CO2 authorized alternate account representative for a general account may be changed at any time upon receipt by the department or its agent of a superseding complete application for a general account under subdivision 1 of this subsection. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO2 authorized account representative, or the previous CO2 authorized alternate account representative, prior to the time and date when the department or its agent receives the superseding application for a general account shall be binding on the new alternate CO2 authorized account representative and the persons with an ownership interest with respect to the CO2 allowances in the general account. c. In the event a new person having an ownership interest with respect to CO2 allowances in the general account is not included in the list of such persons in the application for a general account, such new person shall be deemed to be subject to and bound by the application for a general account, the representations, actions, inactions, and submissions of the CO2 authorized account representative and any CO2 authorized alternate account representative, and the decisions, orders, actions, and inactions of the department or its agent, as if the new person were included in such list. d. Within 30 days following any change in the persons having an ownership interest with respect to CO2 allowances in the general account, including the addition or deletion of persons, the CO2 authorized account representative or any CO2 authorized alternate account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the CO2 allowances in the general account to include the change. 4. Objections concerning CO2 authorized account representative shall be governed as follows: a. Once a complete application for a general account under subdivision 1 of this subsection has been submitted and received, the department or its agent will rely on the application unless and until a superseding complete application for a general account under subdivision 1 of this subsection is received by the department or its agent. b. Except as provided in subdivisions 3 a and 3 b of this subsection, no objection or other communication submitted to the department or its agent concerning the authorization, or any representation, action, inaction, or submission of the CO2 authorized account representative or any CO2 authorized alternate account representative for a general account shall affect any representation, action, inaction, or submission of the CO2 authorized account representative or any CO2 authorized alternate account representative or the finality of any decision or order by the department or its agent under the CO2 Budget Trading Program. c. Neither the department nor its agent will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the CO2 authorized account representative or any CO2 authorized alternate account representative for a general account, including private legal disputes concerning the proceeds of CO2 allowance transfers. 5. Delegation by CO2 authorized account representative and CO2 authorized alternate account representative shall be accomplished as follows: a. A CO2 authorized account representative may delegate, to one or more natural persons, his authority to make an electronic submission to the department or its agent provided for under this article and Article 7 (9VAC5-140-7300 et seq.) of this part. b. A CO2 authorized alternate account representative may delegate, to one or more natural persons, his authority to make an electronic submission to the department or its agent provided for under this article and Article 7 (9VAC5-140-7300 et seq.) of this part. c. To delegate authority to make an electronic submission to the department or its agent in accordance with subdivisions 5 a and 5 b of this subsection, the CO2 authorized account representative or CO2 authorized alternate account representative, as appropriate, shall submit to the department or its agent a notice of delegation, in a format prescribed by the department that includes the following elements: (1) The name, address, email address, and telephone number, and facsimile transmission number of such CO2 authorized account representative or CO2 authorized alternate account representative; (2) The name, address, email address, and telephone number, and facsimile transmission number of each such natural person, referred to as "electronic submission agent"; (3) For each such natural person, a list of the type of electronic submissions under subdivision 5 c (1) or 5 c (2) of this subsection for which authority is delegated to him; and (4) The following certification statement by such CO2 authorized account representative or CO2 authorized alternate account representative: "I agree that any electronic submission to the department or its agent that is by a natural person identified in this notice of delegation and of a type listed for such electronic submission agent in this notice of delegation and that is made when I am a CO2 authorized account representative or CO2 authorized alternate account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 9VAC5-140-7230 B 5 d shall be deemed to be an electronic submission by me. Until this notice of delegation is superseded by another notice of delegation under 9VAC5-140-7230 B 5 d, I agree to maintain an email account and to notify the department or its agent immediately of any change in my email address unless all delegation authority by me under 9VAC5-140-7230 B 5 is terminated." d. A notice of delegation submitted under subdivision 5 c of this subsection shall be effective, with regard to the CO2 authorized account representative or CO2 authorized alternate account representative identified in such notice, upon receipt of such notice by the department or its agent and until receipt by the department or its agent of a superseding notice of delegation by such CO2 authorized account representative or CO2 authorized alternate account representative as appropriate. The superseding notice of delegation may replace any previously identified electronic submission agent, add a new electronic submission agent, or eliminate entirely any delegation of authority. e. Any electronic submission covered by the certification in subdivision 5 c (4) of this subsection and made in accordance with a notice of delegation effective under subdivision 5 d of this subsection shall be deemed to be an electronic submission by the CO2 authorized account representative or CO2 authorized alternate account representative submitting such notice of delegation. C. The department or its agent will assign a unique identifying number to each account established under subsection A or B of this section. 9VAC5-140-7250. Recordation of CO2 allowance allocations. A. By January 1 of each calendar year, the department or its agent will record in the following accounts: 1. In each CO2 budget source's allowance account, the CO2 allowances allocated to those sources by the department prior to being auctioned; and 2. In each CO2 budget source's compliance account, the allowances purchased at auction by CO2 budget units at the source under 9VAC5-140-7210 A in each CO2 budget source's compliance account. B. Each year the department or its agent will record CO2 allowances, as allocated to the unit under Article 5 (9VAC5-140-7190 et seq.) of this part, in the compliance account for the year after the last year for which CO2 allowances were previously allocated to the compliance account. Each year, the department or its agent will also record CO2 allowances, as allocated under Article 5 (9VAC5-140-7190 et seq.) of this part, in an allocation set-aside account for the year after the last year for which CO2 allowances were previously allocated to an allocation set-aside account. C. Serial numbers for allocated CO2 allowances shall be managed as follows. When allocating CO2 allowances to and recording them in an account, the department or its agent will assign each CO2 allowance a unique identification number that will include digits identifying the year for which the CO2 allowance is allocated. 9VAC5-140-7260. Compliance. A. CO2 allowances that meet the following criteria are available to be deducted for a CO2 budget source to comply with the CO2 requirements of 9VAC5-140-7050 C for a control period or an interim control period. 1. The CO2 allowances are of allocation years that fall within a prior control period, the same control period, or the same interim control period for which the allowances will be deducted. 2. The CO2 allowances are held in the CO2 budget source's compliance account as of the CO2 allowance transfer deadline for that control period or interim control period, or are transferred into the compliance account by a CO2 allowance transfer correctly submitted for recordation under 9VAC5-140-7300 by the CO2 allowance transfer deadline for that control period or interim control period. 3. For CO2 offset allowances generated by other participating states, the number of CO2 offset allowances that are available to be deducted in order for a CO2 budget source to comply with the CO2 requirements of 9VAC5-140-7050 C for a control period or an interim control period shall not exceed 3.3% of the CO2 budget source's CO2 emissions for that control period, or may not exceed 3.3% of 0.50 times the CO2 budget source's CO2 emissions for an interim control period, as determined in accordance with this article and Article 8 (9VAC5-140-7330 et seq.) of this part. 4. The CO2 allowances are not necessary for deductions for excess emissions for a prior control period under subsection D of this section. B. Following the recordation, in accordance with 9VAC5-140-7310, of any CO2 allowance transfers submitted for recordation in the CO2 budget source's compliance account by the CO2 allowance transfer deadline for a control period or an interim control period, the department or its agent will deduct CO2 allowances available under subsection A of this section to cover the source's CO2 emissions, as determined in accordance with Article 8 (9VAC5-140-7330 et seq.) of this part, for the control period or interim control period, as follows: 1. Until the amount of CO2 allowances deducted equals the number of tons of total CO2 emissions, or 0.50 times the number of tons of total CO2 emissions for an interim control period, determined in accordance with Article 8 (9VAC5-140-7330 et seq.) of this part, from all CO2 budget units at the CO2 budget source for the control period or interim control period; or 2. If there are insufficient CO2 allowances to complete the deductions in subdivision 1 of this subsection, until no more CO2 allowances available under subsection A of this section remain in the compliance account. C. Identification of available CO2 allowances by serial number and default compliance deductions shall be managed as follows: 1. The CO2 authorized account representative for a source's compliance account may request that specific CO2 allowances, identified by serial number, in the compliance account be deducted for emissions or excess emissions for a control period or interim control period in accordance with subsection B or D of this section. Such identification shall be made in the compliance certification report submitted in accordance with 9VAC5-140-7170. 2. The department or its agent will deduct CO2 allowances for an interim control period or a control period from the CO2 budget source's compliance account, in the absence of an identification or in the case of a partial identification of available CO2 allowances by serial number under subdivision 1 of this subsection, as follows: Any CO2 allowances that are available for deduction under subdivision 1 of this subsection. CO2 allowances shall be deducted in chronological order (i.e., CO2 allowances from earlier allocation years shall be deducted before CO2 allowances from later allocation years). In the event that some, but not all, CO2 allowances from a particular allocation year are to be deducted, CO2 allowances shall be deducted by serial number, with lower serial number allowances deducted before higher serial number allowances.
D. Deductions for excess emissions shall be managed as follows.
1. After making the deductions for compliance under subsection B of this section, the department or its agent will deduct from the CO2 budget source's compliance account a number of CO2 allowances equal to three times the number of the source's excess emissions. In the event that a source has insufficient CO2 allowances to cover three times the number of the source's excess emissions, the source shall be required to immediately transfer sufficient allowances into its compliance account. 2. Any CO2 allowance deduction required under subdivision 1 of this subsection shall not affect the liability of the owners and operators of the CO2 budget source or the CO2 budget units at the source for any fine, penalty, or assessment, or their obligation to comply with any other remedy, for the same violation, as ordered under applicable state law. The following guidelines will be followed in assessing fines, penalties, or other obligations: a. For purposes of determining the number of days of violation, if a CO2 budget source has excess emissions for a control period, each day in the control period constitutes a day in violation unless the owners and operators of the unit demonstrate that a lesser number of days should be considered. b. Each ton of excess emissions is a separate violation. c. For purposes of determining the number of days of violation, if a CO2 budget source has excess interim emissions for an interim control period, each day in the interim control period constitutes a day in violation unless the owners and operators of the unit demonstrate that a lesser number of days should be considered. d. Each ton of excess interim emissions is a separate violation. 3. The propriety of the department's determination that a CO2 budget source had excess emissions and the concomitant deduction of CO2 allowances from that CO2 budget source's account may be later challenged in the context of the initial administrative enforcement, or any civil or criminal judicial action arising from or encompassing that excess emissions violation. The commencement or pendency of any administrative enforcement, or civil or criminal judicial action arising from or encompassing that excess emissions violation will not act to prevent the department or its agent from initially deducting the CO2 allowances resulting from the department's original determination that the relevant CO2 budget source has had excess emissions. Should the department's determination of the existence or extent of the CO2 budget source's excess emissions be revised either by a settlement or final conclusion of any administrative or judicial action, the department will act as follows: a. In any instance where the department's determination of the extent of excess emissions was too low, the department will take further action under subdivisions 1 and 2 of this subsection to address the expanded violation. b. In any instance where the department's determination of the extent of excess emissions was too high, the department will distribute to the relevant CO2 budget source a number of CO2 allowances equaling the number of CO2 allowances deducted which are attributable to the difference between the original and final quantity of excess emissions. Should such CO2 budget source's compliance account no longer exist, the CO2 allowances will be provided to a general account selected by the owner or operator of the CO2 budget source from which they were originally deducted. E. The department or its agent will record in the appropriate compliance account all deductions from such an account pursuant to subsections B and D of this section.
F. Action by the department on submissions shall be as follows:
1. The department may review and conduct independent audits concerning any submission under the CO2 Budget Trading Program and make appropriate adjustments of the information in the submissions. 2. The department may deduct CO2 allowances from or transfer CO2 allowances to a source's compliance account based on information in the submissions, as adjusted under subdivision 1 of this subsection. 9VAC5-140-7290. Closing of general accounts. A. A CO2 authorized account representative of a general account may instruct the department or its agent to close the account by submitting a statement requesting deletion of the account from the COATS and by correctly submitting for recordation under 9VAC5-140-7300 a CO2 allowance transfer of all CO2 allowances in the account to one or more other COATS accounts. B. If a general account shows no activity for a period of one year or more and does not contain any CO2 allowances, the department or its agent may notify the CO2 authorized account representative for the account that the account will be closed in the COATS 30 business days after the notice is sent. The account will be closed after the 30-day period unless before the end of the 30-day period the department or its agent receives a correctly submitted transfer of CO2 allowances into the account under 9VAC5-140-7300 or a statement submitted by the CO2 authorized account representative demonstrating to the satisfaction of the department or its agent good cause as to why the account should not be closed. The department or its agent will have sole discretion to determine if the owner or operator CO2 authorized account representative of the unit account demonstrated that the account should not be closed. 9VAC5-140-7330. General requirements. A. The owners and, operators, and, to the extent applicable, the CO2 authorized account representative of a CO2 budget unit shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this section and all applicable sections of 40 CFR Part 75. Where referenced in this article, the monitoring requirements of 40 CFR Part 75 shall be adhered to in a manner consistent with the purpose of monitoring and reporting CO2 mass emissions pursuant to this part. For purposes of complying with such requirements, the definitions in 9VAC5-140-7020 and in 40 CFR 72.2 shall apply, and the terms "affected unit," "designated representative," and "CEMS" in 40 CFR Part 75 shall be replaced by the terms "CO2 budget unit," "CO2 authorized account representative," and "CEMS," respectively, as defined in 9VAC5-140-7020. For units not subject to an Acid Rain emissions limitation, the term "administrator" in 40 CFR Part 75 shall be replaced with "the department or its agent." Owners or operators of a CO2 budget unit who monitor a non-CO2 budget unit pursuant to the common, multiple, or bypass stack procedures in 40 CFR 75.72(b)(2)(ii), or 40 CFR 75.16 (b)(2)(ii)(B) pursuant to 40 CFR 75.13, for purposes of complying with this part, shall monitor and report CO2 mass emissions from such non-CO2 budget units according to the procedures for CO2 budget units established in this article. B. The owner or operator of each CO2 budget unit shall meet the following general requirements for installation, certification, and data accounting. 1. Install all monitoring systems necessary to monitor required under this subpart for monitoring CO2 mass emissions in accordance with 40 CFR Part 75, except for equation G-1. Equation G-1 in Appendix G shall not be used to determine CO2 emissions under this part. This may require includes all systems required to monitor CO2 concentration, stack gas flow rate, O2 concentration, heat input, and fuel flow rate, as applicable, in accordance with 40 CFR 75.13, 40 CFR 75.71, and 40 CFR 75.72 and all portions of Appendix G of 40 CFR Part 75, except for Equation G-1 in 40 CFR Part 75. Equation G-1 in Appendix G shall not be used to determine CO2 emissions under this part. 2. Successfully complete all certification tests required under 9VAC5-140-7340 and meet all other requirements of this section and 40 CFR Part 75 applicable to the monitoring systems under subdivision 1 of this subsection. 3. Record, report, and quality-assure the data from the monitoring systems under subdivision 1 of this subsection. C. The owner or operator shall meet the monitoring system certification and other requirements of subsection B of this section on or before the following dates. The owner or operator shall record, report, and quality-assure the data from the monitoring systems under subdivision B 1 of this section on and after the following dates: 1. The owner or operator of a CO2 budget unit, except for a CO2 budget unit under subdivision 2 of this subsection, shall comply with the requirements of this section by January 1, 2021. 2. The owner or operator of a CO2 budget unit that commences commercial operation July 1, 2021, shall comply with the requirements of this section by (i) January 1, 2022, or (ii) the earlier of 90 unit operating days after the date on which the unit commences commercial operation or 180 calendar days after the date on which the unit commences commercial operation. 3. For the owner or operator of a CO2 budget unit for which construction of a new stack or flue installation is completed after the applicable deadline under subdivision 1 or 2 of this subsection by the earlier of (i) 90 unit operating days after the date on which emissions first exit to the atmosphere through the new stack or flue or (ii) 180 calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue.
D. Data shall be reported as follows:
1. Except as provided in subdivision 2 of this subsection, the owner or operator of a CO2 budget unit that does not meet the applicable compliance date set forth in subsection C of this section for any monitoring system under subdivision B 1 of this section shall, for each such monitoring system, determine, record, and report maximum potential, or as appropriate minimum potential, values for CO2 concentration, CO2 emissions rate, stack gas moisture content, fuel flow rate, heat input, and any other parameter required to determine CO2 mass emissions in accordance with 40 CFR 75.31(b)(2) or (c)(3) or Section 2.4 of Appendix D of 40 CFR Part 75 as applicable. 2. The owner or operator of a CO2 budget unit that does not meet the applicable compliance date set forth in subdivision C 3 of this section for any monitoring system under subdivision B 1 of this section shall, for each such monitoring system, determine, record, and report substitute data using the applicable missing data procedures in Subpart D, or Appendix D of 40 CFR Part 75, in lieu of the maximum potential, or as appropriate minimum potential, values for a parameter if the owner or operator demonstrates that there is continuity between the data streams for that parameter before and after the construction or installation under subdivision C 3 of this section. a. CO2 budget units subject to an Acid Rain emissions limitation or CSAPR NOX Ozone Season Trading Program that qualify for the optional SO2, NOX, and CO2 (for Acid Rain) or NOX (for CSAPR NOX Ozone Season Trading Program) emissions calculations for low mass emissions (LME) units under 40 CFR 75.19 and report emissions for such programs using the calculations under 40 CFR 75.19, shall also use the CO2 emissions calculations for LME units under 40 CFR 75.19 for purposes of compliance with these regulations. b. CO2 budget units subject to an Acid Rain emissions limitation that do not qualify for the optional SO2, NOX, and CO2 (for Acid Rain) or NOX (for CSAPR NOX Ozone Season Trading Program) emissions calculations for LME units under 40 CFR 75.19 shall not use the CO2 emissions calculations for LME units under 40 CFR 75.19 for purposes of compliance with these regulations. c. CO2 budget units not subject to an Acid Rain emissions limitation shall qualify for the optional CO2 emissions calculation for LME units under 40 CFR 75.19, provided that they emit less than 100 tons of NOX annually and no more than 25 tons of SO2 annually. 3. The owner or operator of a CO2 budget unit shall report net-electric output data to the department as required by Article 5 (9VAC5-140-7190 et seq.) of this part.
E. Prohibitions shall be as follows.
1. No owner or operator of a CO2 budget unit shall use any alternative monitoring system, alternative reference method, or any other alternative for the required CEMS without having obtained prior written approval in accordance with 9VAC5-140-7380. 2. No owner or operator of a CO2 budget unit shall operate the unit so as to discharge, or allow to be discharged, CO2 emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this article and 40 CFR Part 75. 3. No owner or operator of a CO2 budget unit shall disrupt the CEMS, any portion thereof, or any other approved emissions monitoring method, and thereby avoid monitoring and recording CO2 mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this article and 40 CFR Part 75. 4. No owner or operator of a CO2 budget unit shall retire or permanently discontinue use of the CEMS, any component thereof, or any other approved emissions monitoring system under this article, except under any one of the following circumstances: a. The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this article and 40 CFR Part 75, by the department for use at that unit that provides emissions data for the same pollutant or parameter as the retired or discontinued monitoring system; or b. The CO2 authorized account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with 9VAC5-140-7340 D 3 a. 9VAC5-140-7340. Initial certification and recertification procedures. (Repealed.) A. The owner or operator of a CO2 budget unit shall be exempt from the initial certification requirements of this section for a monitoring system under 9VAC5-140-7330 B 1 if the following conditions are met:
1. The monitoring system has been previously certified in accordance with 40 CFR Part 75; and
2. The applicable quality-assurance and quality-control requirements of 40 CFR 75.21 and Appendix B and Appendix D of 40 CFR Part 75 are fully met for the certified monitoring system described in subdivision 1 of this subsection. B. The recertification provisions of this section shall apply to a monitoring system under 9VAC5-140-7330 B 1 exempt from initial certification requirements under subsection A of this section. C. Notwithstanding subsection A of this section, if the administrator has previously approved a petition under 40 CFR 75.72(b)(2)(ii), or 40 CFR 75.16(b)(2)(ii)(B) as pursuant to 40 CFR 75.13 for apportioning the CO2 emissions rate measured in a common stack or a petition under 40 CFR 75.66 for an alternative requirement in 40 CFR Part 75, the CO2 authorized account representative shall submit the petition to the department under 9VAC5-140-7380 A to determine whether the approval applies under this program. D. Except as provided in subsection A of this section, the owner or operator of a CO2 budget unit shall comply with the following initial certification and recertification procedures for a CEMS and an excepted monitoring system under Appendix D of 40 CFR Part 75 and under 9VAC5-140-7330 B 1. The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology in 40 CFR 75.19 or that qualifies to use an alternative monitoring system under Subpart E of 40 CFR Part 75 shall comply with the procedures in subsection E or F of this section, respectively. 1. For initial certification, the owner or operator shall ensure that each CEMS required under 9VAC5-140-7330 B 1, which includes the automated DAHS, successfully completes all of the initial certification testing required under 40 CFR 75.20 by the applicable deadlines specified in 9VAC5-140-7330 C. In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this article in a location where no such monitoring system was previously installed, initial certification in accordance with 40 CFR 75.20 is required.
2. For recertification, the following requirements shall apply.
a. Whenever the owner or operator makes a replacement, modification, or change in a certified CEMS under 9VAC5-140-7330 B 1 that the administrator or the department determines significantly affects the ability of the system to accurately measure or record CO2 mass emissions or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or Appendix B to 40 CFR Part 75, the owner or operator shall recertify the monitoring system according to 40 CFR 75.20(b). b. For systems using stack measurements such as stack flow, stack moisture content, CO2 or O2 monitors, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that the administrator or the department determines to significantly change the flow or concentration profile, the owner or operator shall recertify the CEMS according to 40 CFR 75.20(b). Examples of changes that require recertification include replacement of the analyzer, change in location or orientation of the sampling probe or site, or change of flow rate monitor polynomial coefficients. 3. The approval process for initial certifications and recertification shall be as follows: subdivisions 3 a through 3 d of this subsection apply to both initial certification and recertification of a monitoring system under 9VAC5-140-7330 B 1. For recertifications, replace the words "certification" and "initial certification" with the word "recertification," replace the word "certified" with "recertified," and proceed in the manner prescribed in 40 CFR 75.20(b)(5) and (g)(7) in lieu of subdivision 3 e of this subsection. a. The CO2 authorized account representative shall submit to the department or its agent, the appropriate EPA Regional Office and the administrator a written notice of the dates of certification in accordance with 9VAC5-140-7360. b. The CO2 authorized account representative shall submit to the department or its agent a certification application for each monitoring system. A complete certification application shall include the information specified in 40 CFR 75.63. c. The provisional certification date for a monitor shall be determined in accordance with 40 CFR 75.20(a)(3). A provisionally certified monitor may be used under the CO2 Budget Trading Program for a period not to exceed 120 days after receipt by the department of the complete certification application for the monitoring system or component thereof under subdivision 3 b of this subsection. Data measured and recorded by the provisionally certified monitoring system or component thereof, in accordance with the requirements of 40 CFR Part 75, will be considered valid quality-assured data, retroactive to the date and time of provisional certification, provided that the department does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of receipt of the complete certification application by the department. d. The department will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under subdivision 3 b of this subsection. In the event the department does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of 40 CFR Part 75 and is included in the certification application will be deemed certified for use under the CO2 Budget Trading Program. (1) If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 CFR Part 75, then the department will issue a written notice of approval of the certification application within 120 days of receipt. (2) If the certification application is incomplete, then the department will issue a written notice of incompleteness that sets a reasonable date by which the CO2 authorized account representative shall submit the additional information required to complete the certification application. If the CO2 authorized account representative does not comply with the notice of incompleteness by the specified date, then the department may issue a notice of disapproval under subdivision 3 d (3) of this subsection. The 120-day review period shall not begin before receipt of a complete certification application. (3) If the certification application shows that any monitoring system or component thereof does not meet the performance requirements of 40 CFR Part 75, or if the certification application is incomplete and the requirement for disapproval under subdivision 3 d (2) of this subsection is met, then the department will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the department and the data measured and recorded by each uncertified monitoring system or component thereof shall not be considered valid quality assured data beginning with the date and hour of provisional certification. The owner or operator shall follow the procedures for loss of certification in subdivision 3 e of this subsection for each monitoring system or component thereof, which is disapproved for initial certification. (4) The department may issue a notice of disapproval of the certification status of a monitor in accordance with 9VAC5-140-7350 B. e. If the department issues a notice of disapproval of a certification application under subdivision 3 d (3) of this subsection or a notice of disapproval of certification status under subdivision 3 d (3) of this subsection, then: (1) The owner or operator shall substitute the following values for each disapproved monitoring system, for each hour of unit operation during the period of invalid data beginning with the date and hour of provisional certification and continuing until the time, date, and hour specified under 40 CFR 75.20(a)(5)(i) or 40 CFR 75.20(g)(7): (i) for units using or intending to monitor for CO2 mass emissions using heat input or for units using the low mass emissions excepted methodology under 40 CFR 75.19, the maximum potential hourly heat input of the unit; or (ii) for units intending to monitor for CO2 mass emissions using a CO2 pollutant concentration monitor and a flow monitor, the maximum potential concentration of CO2 and the maximum potential flow rate of the unit under Section 2.1 of Appendix A of 40 CFR Part 75; (2) The CO2 authorized account representative shall submit a notification of certification retest dates and a new certification application in accordance with subdivisions 3 a and 3 b of this subsection; and (3) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the department's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. E. The owner or operator of a unit qualified to use the low mass emissions excepted methodology under 9VAC5-140-7330 D 3 shall meet the applicable certification and recertification requirements of 40 CFR 75.19(a)(2), 40 CFR 75.20(h), and this section. If the owner or operator of such a unit elects to certify a fuel flow meter system for heat input determinations, the owner or operator shall also meet the certification and recertification requirements in 40 CFR 75.20(g). F. The CO2 authorized account of each unit for which the owner or operator intends to use an alternative monitoring system approved by the administrator and, if applicable, the department under Subpart E of 40 CFR Part 75 shall comply with the applicable notification and application procedures of 40 CFR 75.20(f). 9VAC5-140-7350. Out-of-control periods. (Repealed.) A. Whenever any monitoring system fails to meet the quality assurance/quality control (QA/QC) requirements or data validation requirements of 40 CFR Part 75, data shall be substituted using the applicable procedures in Subpart D or Appendix D of 40 CFR Part 75. B. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under 9VAC5-140-7340 or the applicable provisions of 40 CFR Part 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the department or administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this subsection, an audit shall be either a field audit or an audit of any information submitted to the department or the administrator. By issuing the notice of disapproval, the department or administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the initial certification or recertification procedures in 9VAC5-140-7340 for each disapproved monitoring system. 9VAC5-140-7360. Notifications. (Repealed.) The CO2 authorized account representative for a CO2 budget unit shall submit written notice to the department and the administrator in accordance with 40 CFR 75.61. 9VAC5-140-7370. Recordkeeping and reporting. A. The CO2 authorized account representative shall comply with all recordkeeping and reporting requirements in this section, the applicable recordkeeping and reporting requirements under 40 CFR 75.73, and the requirements of 9VAC5-140-7080 E. B. The owner or operator of a CO2 budget unit shall submit a monitoring plan in the manner prescribed in 40 CFR 75.62. C. The CO2 authorized account representative shall submit an application to the administrator and the department within 45 days after completing all CO2 monitoring system initial certification or recertification tests required under 9VAC5-140-7340, including the information required under 40 CFR 75.63 and 40 CFR 75.53(e) (g) and (f) (h).
D. The CO2 authorized account representative shall submit quarterly reports, as follows:
1. The CO2 authorized account representative shall report the CO2 mass emissions data for the CO2 budget unit, in an electronic format prescribed by the administrator, unless otherwise prescribed by the administrator and the department unless otherwise prescribed by the department, for each calendar quarter. 2. The CO2 authorized account representative shall submit each quarterly report to the administrator and the department or its agent within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in Subpart H of 40 CFR Part 75 and 40 CFR 75.64. Quarterly reports shall be submitted for each CO2 budget unit, or group of units using a common stack, and shall include all of the data and information required in Subpart G of 40 CFR Part 75, except for opacity, heat input, NOX, and SO2 provisions. 3. The CO2 authorized account representative shall submit to the administrator and the department or its agent a compliance certification in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored. The certification shall state that: a. The monitoring data submitted were recorded in accordance with the applicable requirements of this article and 40 CFR Part 75, including the quality assurance procedures and specifications; b. For a unit with add-on CO2 emissions controls and for all hours where data are substituted in accordance with 40 CFR 75.34(a)(1), the add-on emissions controls were operating within the range of parameters listed in the QA/QC program under Appendix B of 40 CFR Part 75, and the substitute values do not systematically underestimate CO2 emissions; and c. The CO2 concentration values substituted for missing data under Subpart D of 40 CFR Part 75 do not systematically underestimate CO2 emissions. 9VAC5-140-7380. Petitions. A. Except as provided in subsection C of this section, the CO2 authorized account representative of a CO2 budget unit that is subject to an Acid Rain emissions limitation may submit a petition to the administrator under 40 CFR 75.66 and to the department requesting approval to apply an alternative to any requirement of 40 CFR Part 75. Application of an alternative to any requirement of 40 CFR Part 75 is in accordance with this article only to the extent that the petition is approved in writing by the administrator, and subsequently approved in writing by the department. B. Petitions for a CO2 budget unit that is not subject to an Acid Rain emissions limitation shall meet the following requirements. 1. The CO2 authorized account representative of a CO2 budget unit that is not subject to an Acid Rain emissions limitation may submit a petition to the administrator under 40 CFR 75.66 and to the department requesting approval to apply an alternative to any requirement of 40 CFR Part 75. Application of an alternative to any requirement of 40 CFR Part 75 is in accordance with this article only to the extent that the petition is approved in writing by the administrator and subsequently approved in writing by the department. 2. In the event that the administrator declines to review a petition under 40 CFR 75.66 as described in subdivision 1 of this subsection, the CO2 authorized account representative of a CO2 budget unit that is not subject to an Acid Rain emissions limitation may submit a petition to the department requesting approval to apply an alternative to any requirement of this article. That petition shall contain all of the relevant information specified in 40 CFR 75.66. Application of an alternative to any requirement of this article is in accordance with this article only to the extent that the petition is approved in writing by the department. C. The CO2 authorized account representative of a CO2 budget unit that is subject to an Acid Rain emissions limitation may submit a petition to the administrator under 40 CFR 75.66 and to the department requesting approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of 40 CFR 75.72 or a CO2 concentration CEMS used under 40 CFR 75.71(a)(2). Application of an alternative to any such requirement is in accordance with this article only to the extent the petition is approved in writing by the administrator and subsequently approved in writing by the department. Article 9 Auction of CO2 and CCR and ECR Allowances 9VAC5-140-7410. Purpose. The following requirements shall apply to each allowance auction. The department or its agent may specify additional information in the auction notice for each auction. Such additional information may include the time and location of the auction, auction rules, registration deadlines, and any additional information deemed necessary or useful. 9VAC5-140-7420. General requirements. A. The department's agent department will include the following information in the auction notice for each auction: 1. The number of CO2 allowances offered for sale at the auction, not including any CO2 CCR tier 1 or CO2 CCR tier 2 allowances; 2. The number of CO2 CCR tier 1 allowances that will be offered for sale at the auction if the condition of subdivision B 1 of this section is met; 3. The number of CO2 CCR tier 2 allowances that will be offered for sale at the auction if the condition of subdivision B 3 of this section is met; 4. The minimum reserve price for the auction; 4. 5. The CCR tier 1 trigger price for the auction; and 5. The maximum number of CO2 allowances that may be withheld from sale at the auction if the condition of subdivision D 1 of this section is met; and 6. The ECR CCR tier 2 trigger price for the auction.
B. The department's agent department will follow these rules for the sale of CO2 CCR allowances.
1. CO2 CCR tier 1 allowances shall only be sold at an auction in which total demand for allowances, above the CCR tier 1 trigger price, exceeds the number of CO2 allowances available for purchase at the auction, not including any CO2 CCR tier 1 or tier 2 allowances. 2. If the condition of subdivision 1 of this subsection is met at an auction, then the number of CO2 CCR tier 1 allowances offered for sale by the department or its agent at the auction shall be equal to the number of CO2 CCR tier 1 allowances in the Virginia Auction Account at the time of the auction. 3. CO2 CCR tier 2 allowances shall only be sold at an auction in which total demand for allowances above the CCR tier 2 trigger price exceeds the number of CO2 allowances available for purchase at the auction, not including any CO2 CCR tier 2 allowances. 4. If the condition of subdivision 3 of this subsection is met at an auction, then the number of CO2 CCR tier 2 allowances offered for sale by the department at the auction shall be equal to the number of CO2 CCR tier 2 allowances in the Virginia Auction Account at the time of the auction. 5. After all of the CO2 CCR tier 1 allowances in the Virginia Auction Account have been sold in a given calendar year, no additional CO2 CCR tier 1 allowances will be sold at any auction for the remainder of that calendar year, even if the condition of subdivision 1 of this subsection is met at an auction. 6. After all of the CO2 CCR tier 2 allowances in the Virginia Auction Account have been sold in a given calendar year, no additional CO2 CCR tier 2 allowances will be sold at any auction for the remainder of that calendar year, even if the condition of subdivision 3 of this subsection is met at an auction. 4. 7. At an auction in which CO2 CCR tier 1 allowances are sold, but no CO2 CCR tier 2 allowances are sold, the reserve price for the auction shall be the CCR tier 1 trigger price. 5. 8. At an auction in which CO2CCR tier 2 allowances are sold, the reserve price for the auction shall be the CCR tier 2 trigger price. 9. If the condition of subdivision 1 of this subsection is not satisfied, no CO2 CCR tier 1 or CO2 CCR tier 2 allowances shall be offered for sale at the auction, and the reserve price for the auction shall be equal to the minimum reserve price. 10. If the condition of subdivision 3 of this subsection is not satisfied, no CO2 CCR tier 2 allowances shall be offered for sale at the auction, and the reserve price for the auction shall be determined as follows: a. If the condition of subdivision 1 of this subsection is met, the reserve price shall be equal to the CCR tier 1 trigger price. b. If the condition of subdivision 1 of this subsection is not met, the reserve price shall be equal to the minimum reserve price. C. The department's agent department shall implement the reserve price as follows: (i) no allowances shall be sold at any auction for a price below the reserve price for that auction and (ii) if the total demand for allowances at an auction is less than or equal to the total number of allowances made available for sale in that auction, then the auction clearing price for the auction shall be the reserve price.
D. The department's agent will meet the following rules for the withholding of CO2 ECR allowances from an auction.
1. CO2 ECR allowances shall only be withheld from an auction if the demand for allowances would result in an auction clearing price that is less than the ECR trigger price prior to the withholding from the auction of any ECR allowances. 2. If the condition in subdivision 1 of this subsection is met at an auction, then the maximum number of CO2 ECR allowances that may be withheld from that auction will be equal to the quantity shown in Table 140-5B of 9VAC5-140-7210 E minus the total quantity of CO2 ECR allowances that have been withheld from any prior auction in that calendar year. Any CO2 ECR allowances withheld from an auction will be transferred into the Virginia ECR Account.VA.R. Doc. No. R27-8809; Filed September 30, 2026TITLE 9. ENVIRONMENTVIRGINIA WASTE MANAGEMENT BOARDFormsTITLE 9. ENVIRONMENT VIRGINIA WASTE MANAGEMENT BOARD Forms REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219. Title of Regulation: 9VAC20-90. Solid Waste Management Permit Action Fees and Annual Fees. Agency Contact: Sanjay Thirunagari, Programs Manager, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 659-1532, or email sanjay.thirunagari@deq.virginia.gov. FORMS (9VAC20-90) Solid Waste Information and Assessment Program Reporting Table, Form DEQ 50-25 with Statement of Economic Benefits Form and Instructions (rev. 12/2018) Solid Waste Annual Permit Quarter Payment Form PF001 (rev. 6/2024) Solid Waste Annual Fee Quarter Payment Form PF001 (rev. 8/2026)VA.R. Doc. No. R27-8810; Filed September 22, 2026TITLE 12. HEALTHDEPARTMENT OF HEALTHFast-TrackTITLE 12. HEALTH STATE BOARD OF HEALTH Fast-Track Regulation Title of Regulation: 12VAC5-67. Advance Health Care Directive Registry (amending 12VAC5-67-10, 12VAC5-67-20, 12VAC5-67-30; adding 12VAC5-67-5). Statutory Authority: §§ 32.1-12, 54.1-2994, and 54.1-2995 of the Code of Virginia, Public Hearing Information: No public hearing is currently scheduled. Public Comment Deadline: November 18, 2026. Effective Date: December 3, 2026. Agency Contact: Rilee Bennett, Senior Policy Analyst, Virginia Department of Health, 2001 Maywill Street, Suite 101, Richmond, VA 23230, telephone (804) 662-6258, or email rilee.bennett@vdh.virginia.gov. Basis: Section 32.1-12 of the Code of Virginia authorizes the State Board of Health to make, adopt, promulgate, and enforce regulations necessary to carry out the provisions of Title 32.1 of the Code of Virginia and other laws of the Commonwealth administered by the board, the State Health Commissioner, or the Virginia Department of Health (VDH). Section 54.1-2994 of the Code of Virginia directs the VDH to make available a secure online central registry for advance health care planning. Section 54.1-2995 of the Code of Virginia requires the board to promulgate regulations related to the Advance Health Care Planning Registry. Purpose: This action is critical for safeguarding the health, safety, and welfare of Virginia residents because the changes establish a framework for timely access to patient critical health care planning information stored in the Advance Health Care Planning Registry, better clarify the types of advance health care planning documentation that may be stored in the registry, and specify who may access the documentation stored in the registry. Establishing clear criteria for document submission and access ensures that important health planning documents are easily and securely stored. This is particularly important in emergency situations where a patient may be unable to communicate preferences, and health care providers need immediate access to these documents to make informed decisions about the patient's medical treatment. Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the changes conform the regulation to current law and practice. The agency does not anticipate any reduction in the services provided that are associated with the regulatory changes. Substance: The amendments (i) define terms; (ii) permit the submission of other documents supporting advance health care planning into the Advance Health Care Planning Registry, including Durable Do Not Resuscitate Orders and portable medical order forms; (iii) remove a restriction placed on licensed health care providers by permitting them to access and query the registry for a patient's advance directive information even if the patient is comatose, incapacitated, or incapable of communication; and (iv) make technical changes. Issues: The primary advantages to the public, the Commonwealth, and regulated and business entities include (i) clarification of the processes and requirements related to the filing, storage, and accessibility of health care planning documentation in Virginia's Advance Health Care Planning Registry and (ii) expansion of health care provider access to the documentation stored in the registry, which will provide medical professionals with the critical information needed to make timely and accurate medical decisions on behalf of patients. There are no known disadvantages to the public, regulated entities, or business entities as a result of the regulatory changes. The primary disadvantage to the agency and the Commonwealth is the increased cost charged to the agency to enhance and administer a registry that can be queried by health care providers. Department of Planning and Budget Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1 Summary of the Proposed Amendments to Regulation. The State Board of Health (board) seeks to update the regulation governing the Advance Health Care Directive Registry to implement changes based on a 2022 period review and 2024 legislation.2 The proposed changes would (i) expand the types of documents that may be filed in the registry, (ii) expand the situations in which licensed health care providers may access the registry and who can obtain access, and (iii) align the regulation to current practice. Background. The Advance Health Care Directive Registry was first established by Chapter 696 of the 2008 Acts of Assembly, which directed the Virginia Department of Health (VDH) to, "make available a secure only central registry for advance health care directives" and to promulgate regulations to implement certain provisions; accordingly, this regulation (12VAC5-67) became effective in 2011. The registry is maintained by Virginia Health Information (VHI).3 Chapters 231 and 274 of the 2024 Acts of Assembly renamed the registry to the Advance Health Care Planning Registry and added "any other document that supports advance health care planning, including Durable Do Not Resuscitate Order or portable medical order forms" to the list of documents that could be filed in the registry. Thus, the board seeks to amend the title of the regulation by replacing "directive" with "planning" and to conform the regulation to statute by adding the new documents specified in the legislation to the list in section 20 (Criteria for submission of an advanced directive to the Advance Health Care Planning Registry). Section 30 (Access to the Advance Health Care Planning Registry) currently states that "Licensed health care providers shall have access to the registry for the purpose of a query for advance directive information on patients who are comatose, incapacitated, or otherwise mentally or physically incapable of communication." The board seeks to replace this sentence to allow a licensed health care provider to access the registry, "when conducting a query for advance health care planning information on a patient with whom the [provider] has a treatment relationship." This change would provide greater flexibility for patients and providers. Specifically, in practice, providers would have broader access to the registry regardless of the patient's condition even if "they have not been previously informed of an advance directive or planning document by the patient." Lastly, the board seeks to (i) add definitions, (ii) clarify that the registry is available to the public, and (iii) specify that only the individual who executed the document, or their legal representative or designee, can file the document in the registry. Estimated Benefits and Costs. The proposed amendments would benefit readers of the regulation by ensuring that the regulation is clear and conforms to statute. Licensed health care providers who use the registry would benefit by having access to the information they need in a timely manner so that they may honor their patients' advance directives. Individuals who choose to use the registry would benefit to the extent that their providers are able to access and follow the advance planning documents that they have filed. Although § 54.1-2995 of the Code of Virginia allows the board to charge individuals a fee for filing documents in the registry, the regulation does not currently contain any fees and VDH has confirmed that VHI does not charge individuals any fees to create an online account or file documents (collectively, these constitute "registration"). VDH reports that VHI incurs a cost of $4.95 per individual for registration, which is billed to and reimbursed by VDH. VDH also reports that VHI enrolls 25 new providers per year and is in the process of gradually increasing the enrollment of licensed health care providers, which resulted from legislative changes that expanded providers' ability to access the registry. VDH reports that VHI pays annual fees of $1800 per new provider (which reflects additional onboarding costs) and $1200 per existing provider. These costs are also billed to and reimbursed by VDH. Providers are not charged any fees to access documents filed by their patients. Businesses and Other Entities Affected. The proposed amendments would benefit individuals who choose to use the registry as well as their healthcare providers by clarifying the documents that may be filed and ensuring that the regulation conforms to statute. As mentioned above, VDH incurs the cost of maintaining the registry and reimburses VHI for registration fees for individuals and enrollment fees for providers. However, these costs derive from statute and would not be newly created by the proposed amendments to the regulation. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.4 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.5 As noted above, the proposed amendments conform the regulation to statute and do not create new costs or reduce net benefits. Thus, an adverse impact is not indicated. Small Businesses6 Affected.7 The proposed amendments would not adversely affect small businesses. Localities8 Affected.9 The proposed amendments would neither affect any locality in particular, nor introduce costs for local governments. Projected Impact on Employment. The proposed amendments would not affect total employment. Effects on the Use and Value of Private Property. The proposed amendments would not affect the use and value of private property. The proposed amendments do not affect real estate development costs. _____________________________ 1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property. 2 See https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=2225 and https://legacylis.virginia.gov/cgibin/legp604.exe?241+sum+HB188, respectively. 3 See https://www.vhi.org/hie/advance-care-planning-registry/. 4 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. 5 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation. 6 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million." 7 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified. 8 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur. 9 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact. Agency Response to Economic Impact Analysis: The State Board of Health concurs with the economic impact analysis prepared by the Department of Planning and Budget. Summary: The amendments conform the regulation to statute by (i) clarifying the types of advance care planning documentation that may be stored in the Advance Health Care Planning Registry and (ii) specifying who is permitted to access the documentation stored within the registry. Technical changes are also included. Chapter 67 Advance Health Care Directive Planning Registry 12VAC5-67-5. Definitions. The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: "Advance directive" has the same meaning as defined in § 54.1-2982 of the Code of Virginia. "Department" means the Virginia Department of Health. "Registry" means the Advance Health Care Planning Registry. 12VAC5-67-10. General provisions. A. In accordance with Article 9 (§ 54.1-2994 et seq.) of Chapter 29 of Title 54.1 of the Code of Virginia and this chapter, the Department of Health department shall make available to the public an Advance Health Care Directive Planning Registry available to the public by (i) contracting with a vendor, (ii) publicizing the availability of an existing registry maintained by another entity, or (iii) entering into a public-private partnership. B. The department shall ensure that the contracted vendor, public-private partnership, or any other entity through which the department has made the registry available to citizens of the Commonwealth annually contacts persons who have registered documents to remind them of which documents they have registered. 12VAC5-67-20. Criteria for submission of an advance directive to the registry Advance Health Care Planning Registry.
1. A health care power of attorney.
2. An advance directive created pursuant to Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1 of the Code of Virginia or a subsequent act of the General Assembly. 3. A declaration of an anatomical gift made pursuant to the Revised Uniform Anatomical Gift Act (§ 32.1-291.1 et seq. of the Code of Virginia). 4. Any other document that supports advance health care planning, including Durable Do Not Resuscitate Orders or portable medical order forms. B. The document shall be submitted for filing by Only the person who executed the document or his the person's legal representative or designee may submit a document for filing in the registry. C. The person submitting documents to the registry shall be responsible for payment of any fee required by the contracted vendor, public-private partnership, or any other entity through which the department has made the registry available to citizens of the Commonwealth. Fees associated with the registry shall not exceed the direct costs associated with the development and maintenance of the registry, and with the education of the public about the availability of the registry. 12VAC5-67-30. Access to the registry Advance Health Care Planning Registry. A. The person registering documents in the registry may specify a legal representative or other persons to have access to such registered documents. It shall be the responsibility of the The person registering to the documents shall provide such persons the individuals with the information necessary to access the registry. Licensed B. A licensed health care providers shall provider may have access to the registry for the purpose of when conducting a query for advance directive health care planning information on patients who are comatose, incapacitated, or otherwise mentally or physically incapable of communication a patient with whom the licensed health care provider has a treatment relationship.VA.R. Doc. No. R27-8385; Filed September 24, 2026TITLE 12. HEALTHDEPARTMENT OF HEALTHFinalTITLE 12. HEALTH STATE BOARD OF HEALTH Final Regulation REGISTRAR'S NOTICE: The State Board of Health is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision. Title of Regulation: 12VAC5-610. Sewage Handling and Disposal Regulations (amending 12VAC5-610-599). Statutory Authority: §§ 32.1-12 and 32.1-164 of the Code of Virginia. Effective Date: November 18, 2026. Agency Contact: Lance Gregory, Director, Onsite Sewage and Water Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7491, fax (804) 864-7475, or email lance.gregory@vdh.virginia.gov. Summary: Pursuant to Chapter 212 of the 2026 Acts of the Assembly, the amendments exempt certain agritourism activities located in Planning District 23 from the prohibition on pumping and hauling sewage on a permanent basis unless done under the auspices and supervision of a government entity. 12VAC5-610-599. Permanent pumping and hauling. A. Pumping and hauling on a permanent basis is prohibited unless done under the auspices and supervision of a government entity as provided for in 12VAC5-610-599.3 (see subdivision 2 of 12VAC5-610-410 for exception). Pumping and hauling for over one year shall be considered as a permanent pumping and hauling operation. B. In Planning District 23, when an agritourism activity, as that term is defined in § 3.2-6400 of the Code of Virginia, is unable to establish and maintain a connection to an existing sewer or onsite sewage system, it shall be exempt from the prohibition on pumping and hauling sewage on a permanent basis unless done under the auspices and supervision of a government entity. Any pumping and hauling exempted pursuant to this subsection shall require storage facilities and vehicle specifications to conform to Article 7 (12VAC5-610-990 et seq.) and Article 8 (12VAC5-610-1020 et seq.) of Part V of this Chapter.VA.R. Doc. No. R27-8787; Filed September 18, 2026TITLE 12. HEALTHDEPARTMENT OF MEDICAL ASSISTANCE SERVICESFast-TrackTITLE 12. HEALTH DEPARTMENT OF MEDICAL ASSISTANCE SERVICES Fast-Track Regulation Title of Regulation: 12VAC30-141. Family Access to Medical Insurance Security Plan (amending 12VAC30-141-10, 12VAC30-141-40, 12VAC30-141-150, 12VAC30-141-175, 12VAC30-141-180, 12VAC30-141-500, 12VAC30-141-700, 12VAC30-141-810, 12VAC30-141-830; repealing 12VAC30-141-50, 12VAC30-141-60, 12VAC30-141-70, 12VAC30-141-670, 12VAC30-141-710, 12VAC30-141-720, 12VAC30-141-730). Statutory Authority: §§ 32.1-324 and 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq. Public Hearing Information: No public hearing is currently scheduled. Public Comment Deadline: November 18, 2026. Effective Date: December 3, 2026. Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, fax (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov. Basis: Section 32.1-325 of the Code of Virginia authorizes the Board of Medical Assistance Services to administer and amend the State Plan for Medical Assistance and to promulgate regulations. Section 32.1-324 of the Code of Virginia grants the Director of the Department of Medical Assistance Services (DMAS) the authority of the board when it is not in session. Purpose: This action is necessary for the protection of public health, safety, and welfare of Medicaid and FAMIS members because it makes technical program updates and changes and repeals obsolete, out-of-date, and unnecessary provisions. Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it conforms the regulation to current practice and removes outdated language. Substance: The amendments (i) clarify that appeals of adverse benefit determinations by a Managed Care Organization (MCO) may be made in accordance with 12VAC30-120-420 and that appeals of adverse actions or an MCO's internal appeal decision of an adverse benefit determination may be made in accordance with 12VAC30-110-10 through 12VAC30-110-370; (ii) clarify and remove obsolete and outdated language referencing payments and copayments; (iii) remove outdated prior authorization information; and (iv) repeal 12VAC30-141-670, Definitions, and merge chapter definitions into a single section at 12VAC30-141-10. Issues: The primary advantage to the public and the Commonwealth is that the action aligns the regulation with current practices and removes outdated and unnecessary language. There are no disadvantages to the public, the agency, the Commonwealth, or the regulated community. Department of Planning and Budget Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1 Summary of the Proposed Amendments to Regulation. In accordance with Executive Order 19 (2022) (EO 19),2 the director of Department Medical Assistance Services (DMAS) proposes to make clarifications and remove language that DMAS has determined is redundant, duplicative, obsolete, or outdated . These changes involve appeals, payments and copayments, and prior authorizations. Accordingly, DMAS would remove redundant language in six sections that is addressed in two other DMAS regulations and would update and remove duplicative language in nine sections. Obsolete and outdated language would also be removed in seven sections. Background. This regulation sets out rules for the Family Access to Medical Insurance Security Plan (FAMIS). According to DMAS, the proposed changes are editorial in nature and would not affect any of the current practices. Estimated Benefits and Costs. Because the proposed amendments do not change any of the existing rules in practice, no significant economic effect is expected other than updating the regulatory language to align with current practices and removing outdated and unnecessary language from the Virginia Administrative Code. Businesses and Other Entities Affected. This regulation primarily applies to FAMIS providers and recipients. According to DMAS, there are 92,977 children and 5,008 pregnant/postpartum women enrolled in FAMIS as of February 1, 2026. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.3 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.4 As no proposed amendment increases costs or reduces net revenue for any entity, no adverse impact is indicated. Small Businesses5 Affected.6 The proposed amendments do not adversely affect small businesses. Localities7 Affected.8 The proposed amendments do not introduce costs for localities, nor do they disproportionately affect any locality. Projected Impact on Employment. The proposed amendments do affect total employment. Effects on the Use and Value of Private Property. No impact on the use and value of private property nor on real estate development costs is expected. _____________________________ 1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property. 2 https://townhall.virginia.gov/EO-19-Development-and-Review-of-State-Agency-Regulations.pdf. 3 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. 4 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation. 5 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million." 6 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified. 7 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur. 8 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact. Agency Response to Economic Impact Analysis: The Department of Medical Assistance Services has reviewed the economic impact analysis prepared by the Department of Planning and Budget and raises no issues with this analysis. Summary: The action makes technical changes to conform the regulation to current practice. Specifically, the amendments (i) update or repeal appeals-related requirements in several sections, (ii) clarify and remove obsolete and outdated language referencing payments and copayment, (iii) remove outdated prior authorization language, and (iv) merge chapter definitions into a single section. 12VAC30-141-10. Definitions. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Adverse action," consistent with 42 CFR 457.1130, means the denial of eligibility; failure to make a timely determination of eligibility; suspension or termination of enrollment, including disenrollment for failure to pay cost sharing; or delay, denial, reduction, suspension, or termination of health services, in whole or in part, including a determination about the type or level of services; and failure to approve, furnish, or provide payment for health services in a timely manner; provided, however, that determination of eligibility to participate in and termination of participation in the FAMIS Select program shall not constitute an adverse action. "Adverse benefit determination," consistent with 42 CFR 438.400, means the denial or limited authorization of a requested service; the failure to take action or timely take action on a request for service; the reduction, suspension, or termination of a previously authorized service; denial in whole or in part of a payment for a service; failure to provide services within the timeframes required by the state; for a resident of a rural exception area with only one MCO, the denial of a enrollee's request to exercise the enrollee's right under 42 CFR 438.52(b)(2)(ii) to obtain services outside of the network; the denial of a an enrollee's request to dispute a financial liability as provided in 42 CFR 438.400(b)(7); or the failure of an MCO to act within the timeframes provided in 42 CFR 438.408(b). "Agency" means a local department of social services, the central processing unit, or other entity designated by DMAS to make eligibility determinations for FAMIS and FAMIS MOMS. "Agent" means an individual designated in writing to act on behalf of a FAMIS Plan or FAMIS MOMS applicant or enrollee during the administrative review process. "Appeal" means an enrollee's request for review of an adverse benefit determination by an MCO or an adverse action by the LDSS, CPU, or DMAS. "Applicant" means a child or pregnant person who has filed an application (or who has an application filed on his the individual's behalf) for child health insurance and is awaiting a determination of eligibility. A child The individual is an applicant until his the individual's eligibility has been determined. "Application for health insurance" means the. single streamlined application for determining eligibility in public health insurance programs operated by the Commonwealth. "Authorized representative" means a person, 18 years of age or older, who is authorized to conduct the personal or financial affairs for an individual. "Central processing unit" or "CPU" means Cover Virginia, which is the centralized entity supported by DMAS to accept and act on applications for health insurance. "Child" means an individual younger than 19 years of age. "Conservator" means a person appointed by a court of competent jurisdiction to manage the estate and financial affairs of an incapacitated individual. "Continuation of coverage" means ensuring an enrollee's benefits are continued until completion of the review process, with the condition that should the enrollee not prevail in the review process, the enrollee shall be liable for the repayment of all benefits received during the review process. "Director" means the individual, or his the individual's designee, specified in § 32.1-324 of the Code of Virginia with all of the attendant duties and responsibilities to administer the State Plan for Medical Assistance and the State Plan for FAMIS Title XXI. "DMAS" or "department" means the Department of Medical Assistance Services. "Enrollee" means an applicant who has been determined eligible to participate in FAMIS or FAMIS MOMS and is enrolled in FAMIS or FAMIS MOMS. "Ex parte review" means the review of administratively available information pertinent to the application or renewal process, conducted by eligibility staff, in order to expediently process the applicant's renewal without seeking that information from the applicant. "Family," when used in the context of the FAMIS Select component, means a unit or group that has access to a private or employer's group health plan. Thus, it includes the policyholder or employee and any dependents who can be covered under the plan. "FAMIS" means the Family Access to Medical Insurance Security Plan. "FAMIS MOMS" means the Title XXI program available to eligible pregnant persons. "FAMIS Select" means an optional program available to children determined eligible for FAMIS, whereby DMAS provides premium assistance to the family to cover the child through a private or employer-sponsored health plan instead of directly through the FAMIS program. "Federal poverty level" or "FPL" means that income standard as published annually by the U.S. Department of Health and Human Services in the Federal Register. "Fee-for-service" means the traditional Medicaid health care delivery and payment system in which physicians and other providers receive a payment for each unit of service they provide. "Fixed premium assistance amount" means a predetermined amount of premium assistance that DMAS will pay per child to a family who chooses to enroll its FAMIS eligible child in a private or employer-sponsored health plan. The fixed premium assistance amount will be determined annually by DMAS to ensure that the FAMIS Select program is cost-effective as compared to the cost of covering a child directly through the FAMIS program. "Guardian" means a person appointed by a court of competent jurisdiction to be responsible for the affairs of an incapacitated individual, including responsibility for making decisions regarding the person's support, care, health, safety, habilitation, education, and therapeutic treatment, and if not inconsistent with an order of commitment, residence. "Household" means the household composition and follows the federal tax rules through the use of modified adjusted gross income (MAGI) methodology. An individual's household is based upon the tax filing relationships of applicant, persons living with the individual, and those claimed as dependents and as outlined in 42 USC § 435.603(3)(f)(1) through (f)(4). "Household income" means the sum of MAGI-based income as outlined in 42 USC § 435.603(3)(d) through (3)(e) to include every individual in the household. "Incapacitated" means a person who, pursuant to an order of a court of competent jurisdiction, has been found to be incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to (i) meet the essential requirements of the individual's health, care, safety, or therapeutic needs without the assistance or protection of a guardian or (ii) manage property or financial affairs or provide for the individual's support or for the support of the individual's legal dependents without the assistance or protection of a conservator. "Internal appeal" means a request to the MCO by an enrollee, an enrollee's authorized representative, or a provider, acting on behalf of the enrollee and with the enrollee's written consent, for review of an MCO's adverse benefit determination. The internal appeal is the only level of appeal with the MCO and must be exhausted by an enrollee or deemed exhausted according to 42 CFR 438.408(c)(3) before the enrollee may initiate a state fair hearing. "Lawfully residing" means the individual is lawfully present in the United States. "LDSS" or "local department" means the local department of social services. "Managed care organization" or "MCO" means an organization that offers managed care health insurance plans (MCHIPs) as "MCHIP" is defined in § 32.1-137.1 of the Code of Virginia. "Pregnant person" means a person of any age who is medically determined to be pregnant. The pregnant person definition is met from the first day of the earliest month that the medical practitioner certifies as being a month in which the person was pregnant, and continues for the duration of the 12-month period beginning the date of the end of the pregnancy, including any remaining days of the calendar month in which the 12-month period ends, regardless of the reason the pregnancy ended. "Premium assistance" means the portion of the family's cost of participating in a private or employer's health plan that DMAS will pay to cover the FAMIS-eligible children under the private or employer-sponsored plan if DMAS determines it is cost effective to do so. "Private or employer-sponsored health plan" means a health insurance policy that is either purchased by an individual directly or through an employer. This component of FAMIS refers to the ability of DMAS to provide coverage to FAMIS-eligible children by providing premium assistance to families who enroll the FAMIS-eligible children in a private or employer-sponsored health plan. "Provider" means the individual, facility or other entity registered, licensed, or certified, as appropriate, and enrolled by an MCHIP or in fee-for-service to render services to FAMIS or FAMIS MOMS enrollees eligible for services. "Reasonable opportunity period" means a 90-calendar-day period given to applicants to supply verification of citizenship and identity. "State fair hearing" means, consistent with 42 CFR 438.400, the process set forth in 42 CFR 431 Subpart E. "Targeted low-income child" means an uninsured child younger than age 19 years of age whose household income is within the FAMIS eligibility standards established by the Commonwealth. "Title XXI" means the federal State Children's Health Insurance Program as established by Subtitle J of the Balanced Budget Act of 1997. 12VAC30-141-40. Appeal of adverse actions or adverse benefit determinations. A. Upon written request, all FAMIS applicants and enrollees shall have the right to a state fair hearing of an adverse action made by the local department of social services, CPU, or DMAS and to an internal appeal Appeals of an adverse benefit determination made determinations by an MCO may be made in accordance with 12VAC30-120-420. B. During the appeal Appeals of a suspension or termination of enrollment or a reduction, suspension, or termination of services, the enrollee shall have the right to continuation of coverage if the enrollee requests an adverse actions or an MCO's internal appeal with the MCO or an appeal to DMAS prior to the effective date of the suspension or termination of enrollment or suspension, reduction, or termination of services decision of an adverse benefit determination may be made in accordance with 12VAC30-110-10 through 12VAC30-110-370. C. An appeal of an adverse action made by the local department of social services, CPU, or DMAS shall be heard and decided by an agent of DMAS who has not been directly involved in the adverse action under appeal. D. An internal appeal of an adverse benefit determination made by the MCO must be conducted by a person or agent of the MCO who has not been directly involved in the adverse benefit determination under appeal. E. C. Pursuant to 42 CFR 438.402(c)(1)(B), after exhausting the MCO's internal appeals process, there shall be opportunity for the enrollee to request an external medical review by an independent external quality medical review organization. "External quality medical review organization" means the independent contractor assigned by DMAS to handle quality medical reviews and to conduct final review of MCHIP adverse actions for FAMIS. The review is optional and shall not be required before proceeding to a state fair hearing. The review shall not extend any of the timeframes for issuing a decision and shall not disrupt any continuation of coverage granted to the enrollee. F. There will be no opportunity for appeal of an adverse action to the extent that such adverse action is based on a determination by the director that funding for FAMIS has been terminated or exhausted. There will be no opportunity for appeal if the sole basis for the decision is a provision in the State Plan or in a state or federal law requiring an automatic change in eligibility or enrollment or is a change in coverage under the health benefits package that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
G. The burden of proof shall be assigned to the party who is attempting to make a change per 12VAC30-110-220 C.
H. At no time shall the failure of the local department of social services, MCO, CPU, or DMAS to meet the timeframes set in this chapter or set in the MCO or DMAS written appeal procedures constitute a basis for granting the applicant or enrollee the relief sought. I. D. Adverse actions related to health benefits covered through the FAMIS Select program shall be resolved between the insurance company or employer's plan and the FAMIS Select enrollee and are not subject to further appeal by DMAS or its contractors. 12VAC30-141-50. Notice of adverse action or adverse benefit determination. (Repealed.) A. The local department of social services, CPU, or DMAS shall send written notification to enrollees at least 10 calendar days prior to suspension or termination of enrollment. B. DMAS or the MCO shall send written notification to enrollees at least 10 calendar days prior to reduction, suspension, or termination of a previously authorized health service. C. The local department of social services, CPU, DMAS, or the MCO shall send written notification to applicants and enrollees of all other adverse actions within 10 calendar days of the adverse action.
1. The determination the LDSS, CPU, DMAS, or MCO has made or intends to make;
2. The reasons for the determination, including the right of the enrollee to be provided, upon request and free of charge, reasonable access to and copies of all documents, records, and other information relevant to the determination; 3. An explanation of applicable rights to request an appeal of that determination. For adverse benefit determinations by an MCO, this shall include information on the MCO's internal appeal process and, after the internal appeal process is exhausted, a state fair hearing pursuant to 42 CFR 402(b) and 42 CFR 402(c); 4. The procedure for exercising these appeal rights; 5. The circumstances under which an appeal process can be expedited and how to request it; and 6. The circumstances under which enrollment or services may continue pending appeal, how to request benefits be continued, and the circumstances, consistent with state policy, under which the enrollee may be required to pay the costs of these services. 12VAC30-141-60. Request for appeal. (Repealed.) A. Requests for internal appeal of MCO adverse benefit determinations shall be submitted orally or in writing to the MCO. Unless the enrollee requests an expedited appeal, an oral appeal request must be followed by a written appeal request. The enrollee must exhaust the MCO's internal appeals process before appealing to DMAS. B. If the MCO fails to adhere to the notice or timing requirements set forth in this part, the enrollee is deemed to have exhausted the MCO's internal appeals process and may initiate a state fair hearing. C. Requests for appeal of adverse actions made by the local department of social services, CPU, or DMAS or of internal appeal decisions by the MCO shall be submitted to DMAS. D. Any communication expressing a desire to have an adverse benefit determination by an MCO reviewed shall be treated as a request for an internal appeal. Any communication expressing a desire to have an adverse action by the LDSS, CPU, or DMAS reviewed shall be treated as a request for a state fair hearing. Any communication expressing a desire to have an MCO's internal appeal decision reviewed shall be treated as a request for a state fair hearing. E. To be timely, requests for internal appeal of an MCO's adverse benefit determination shall be received by the MCO no later than 60 calendar days from the date of the MCO's notice of adverse benefit determination. F. To be timely, a request for an appeal of an adverse benefit determination upheld in whole or in part by the MCO's internal appeal decision shall be received by DMAS within 120 calendar days from the date of the internal appeal decision. G. To be timely, requests for appeal of a local department of social services, DMAS, or CPU adverse action shall be filed with DMAS no later than 30 calendar days from the date of the notice of adverse action. Requests for appeal of an agency determination shall be considered filed with DMAS on the date the request is postmarked if mailed, or on the date the request is received if delivered other than by mail, by DMAS. 12VAC30-141-70. Appeal procedures. (Repealed.) A. At a minimum, the MCO internal appeal shall be conducted pursuant to written procedures as defined in § 32.1-137.6 of the Code of Virginia and 42 CFR 438.400 et seq. Such procedures shall be subject to review and approval by DMAS. B. Any adverse benefit determination upheld in whole or in part by the internal appeal decision issued by the MCO may be appealed by the enrollee to DMAS in accordance with the DMAS client appeals regulations at 12VAC30-110-10 through 12VAC30-110-370. DMAS shall conduct an evidentiary hearing in accordance with the 12VAC30-110-10 through 12VAC30-110-370 and shall not base any appealed decision on the record established by any internal appeal decision of the MCO. The MCO shall comply with the DMAS appeal decision. The DMAS decision in these matters shall be final and shall not be subject to appeal by the MCO.
C. Appeals of adverse actions by the LDSS, CPU, or DMAS shall be conducted pursuant to 12VAC30-110.
D. Copies of the procedures shall be promptly provided by the MCO or DMAS to applicants and enrollees upon receipt of timely requests for internal appeals or state fair hearings. Such written procedures shall include the following: 1. The right to representation by an attorney or other agent of the applicant's or enrollee's choice, but at no time shall the MCO, local department of social services, DSS, or DMAS be required to obtain or compensate attorneys or other agents acting on behalf of applicants or enrollees; 2. The right to timely review of files and other applicable information relevant to the internal appeal or state fair hearing decision; 3. The right to fully participate in the internal appeal or state fair hearing process, whether the internal appeal or state fair hearing is conducted in person or in writing, including the presentation of supplemental information during the internal appeal or state fair hearing process; 4. The right to have personal and medical information and records maintained as confidential; 5. The right to a written final decision: a. For internal appeals to the MCO, within 30 calendar days of receipt of the request for an internal appeal; or b. For state fair hearings, within the time limitations for appeals imposed by federal regulations and as permitted in 12VAC30-110-30; 6. For eligibility and enrollment matters, if the applicant's or enrollee's physician or health plan determines that the 90-calendar-day timeframe could seriously jeopardize the applicant's or enrollee's life or health or ability to attain, maintain, or regain maximum function, an applicant or enrollee will have the opportunity to request an expedited appeal. Under these conditions, a request for an expedited appeal shall result in a written final decision within 72 hours after DMAS receives the expedited appeal request from the physician or health plan with the case record and information indicating that taking the time for a standard resolution of the appeal request could seriously jeopardize the applicant's or enrollee's life or health or ability to attain, maintain, or regain maximum function, unless the applicant or enrollee requests an extension; 7. For health services matters for FAMIS enrollees receiving services through an MCO: a. If the enrollee's physician or health plan determines that the 30-calendar-day timeframe for a standard internal appeal could seriously jeopardize the enrollee's life or health or ability to attain, maintain, or regain maximum function, an enrollee will have the opportunity to request an expedited internal appeal. Under these conditions, a request for an internal appeal shall result in a written decision by the MCO within 72 hours from the time the expedited internal appeal is requested, unless the applicant, enrollee, or authorized representative requests a delay. If a delay is requested by the applicant, enrollee, or authorized representative, then the expedited internal appeal may be extended up to 14 calendar days. b. If the adverse benefit determination is upheld in whole or in part by the expedited internal appeal decision issued by the MCO, and if the enrollee's physician or health plan determines that the timeframe for a standard appeal to DMAS could seriously jeopardize the enrollee's life or health or ability to attain, maintain, or regain maximum function, and enrollee will have the opportunity to request an expedited appeal to DMAS. Under these conditions, a request for a state fair hearing shall result in a written decision within 72 hours from the time an enrollee requests the expedited appeal, unless the applicant, enrollee, or authorized representative requests a delay. If a delay is requested by the applicant, enrollee, or authorized representative, then the expedited appeal may be extended up to 14 calendar days; and 8. For health services matters for FAMIS enrollees receiving services through fee-for-service, if the enrollee's physician or health plan determines that the 90-calendar-day timeframe for a standard appeal could seriously jeopardize the enrollee's life, health, or ability to attain, maintain, or regain maximum function, an enrollee will have the opportunity to request an expedited review. Under these conditions, a request for an expedited appeal shall result in a written decision within 72 hours from the time the expedited appeal is requested, unless the applicant, enrollee, or authorized representative requests a delay. If a delay is requested by the applicant, enrollee, or authorized representative, then expedited appeal may be extended up to 14 calendar days. 12VAC30-141-150. Application requirements. A. Availability of program information. DMAS or its designee shall furnish the following information in written form and orally as appropriate to all applicants and to other individuals who request it:
2. Summary of covered benefits; 3. Copayment amounts required; and
4. 3. The rights and responsibilities of applicants and enrollees. B. Opportunity to apply. DMAS or its designee must afford an individual, wishing to do so, the opportunity to apply. Applicants may file an application by mail, by fax, by phone, via the internet Internet, or in person at local departments of social services. Face-to-face interviews for the program are not required. Eligibility determinations for FAMIS shall occur at either local departments of social services, DMAS, or the CPU. C. Application. DMAS or its designee shall require an application from the applicant if the applicant is at least 18 years of age or older, or from a parent, adult relative caretaker, guardian, legal custodian, or authorized representative if the applicant is younger than 18 years of age or the applicant is incapacitated. "Incapacitated" means a person who, pursuant to an order of a court of competent jurisdiction, has been found to be incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to (i) meet the essential requirements of his the individual's health, care, safety, or therapeutic needs without the assistance or protection of a guardian, or (ii) manage property or financial affairs or provide for his the individual's support or for the support of his the individual's legal dependents without the assistance or protection of a conservator. 1. DMAS employs a single, streamlined application developed by the state and approved by the Secretary of the Department of Health and Human Services in accordance with § 1413(b)(I)(B) of the Affordable Care Act. 2. DMAS may employ an alternative application used to apply for multiple human service programs approved by the Secretary of the Department of Health and Human Services, provided that the agency makes readily available the single or alternative application used only for insurance affordability programs to individuals seeking assistance only through such programs. D. Right to apply. An individual who is 18 years of age shall not be refused the right to complete an application for himself and shall not be discouraged from asking for assistance for himself under any circumstances. E. Applicant's signature. The applicant must sign state-approved application forms submitted, even if another person fills out the form, unless the application is filed and signed by the applicant's parent, adult relative caretaker, legal guardian or conservator, attorney-in-fact, or authorized representative. F. The authorized representative for an individual 18 years of age or older shall be those individuals as set forth in 12VAC30-110-1380. G. The authorized representative for children younger than 18 years of age shall be those individuals as set forth in 12VAC30-110-1390. H. Persons prohibited from signing an application. An employee of, or an entity hired by, a medical service provider who stands to obtain FAMIS payments shall not sign an application for health insurance on behalf of an individual who cannot designate an authorized representative. I. Assistance with application. DMAS or its designee shall allow an individual of the applicant's choice to assist and represent the applicant in the application process, a renewal process, or both. J. Timely determination of eligibility. The time processing standards for determining eligibility begin with the date an application is submitted online, by telephone, by fax, or received in hard copy either at a an LDSS or the CPU. An application for health insurance shall have an eligibility determination performed within the established federal case processing time standards. K. Notice of the decision concerning eligibility. The determining agency shall send each applicant a written notice of the agency's or designee's decision on the applicant's application, and if approved, the applicant's obligations under the program. If eligibility for both FAMIS and Medicaid is denied, notice must be given concerning the reasons for the action and an explanation of the applicant's right to request a review of the adverse actions, as described in 12VAC30-141-50. L. Case documentation. The determining agency shall include in each applicant's record all necessary facts to support the decision on the applicant's application and must dispose of each application by a finding of eligibility or ineligibility, unless (i) there is an entry in the case record that the applicant voluntarily withdrew the application and that the agency or its designee sent a notice confirming the applicant's decision; or (ii) there is a supporting entry in the case record that the applicant cannot be located. M. Case maintenance. All cases approved for FAMIS shall be maintained at local departments of social services or another entity designated by DMAS. The determining agency will be responsible for providing newly enrolled recipients with program information, benefits available, how to secure services under the program, a FAMIS handbook, and for processing changes in eligibility and annual renewals within established timeframes. DMAS outreach resources may also provide information or assistance to the enrollee. N. Renewal of eligibility. DMAS, LDSS, or the CPU shall redetermine the eligibility of enrollees with respect to circumstances that may change at least every 12 months. During the 12-month period of coverage, enrollees must make timely and accurate reports if an enrollee no longer resides in the Commonwealth of Virginia or when changes in income exceed 200% of the federal poverty level plus a 5.0% income disregard. The agency responsible for managing the case shall promptly redetermine eligibility when it receives information about changes in a FAMIS enrollee's circumstances that may affect eligibility. DMAS or its designee may assist with documenting changes reported by the enrollee. O. Notice of decision concerning eligibility. The agency responsible for managing the case shall give enrollees timely notice of proposed action to terminate their eligibility under FAMIS. The notice must meet the requirements of 42 CFR 457.1180. 12VAC30-141-175. FAMIS Select. A. Enrollees in FAMIS may, but shall not be required to, enroll in a private or employer-sponsored health plan if DMAS or its designee determines that such enrollment is cost effective cost-effective, as defined in this section. B. Eligibility determination. FAMIS children may elect to receive coverage under a health plan purchased privately or through an employer and DMAS may elect to provide coverage by paying all or a portion of the premium if all of the following conditions are met:
1. The children are determined to be eligible for FAMIS;
2. The cost of coverage for the child under FAMIS Select is equal to or less than the Commonwealth's cost of obtaining coverage under FAMIS only for the eligible targeted low-income children involved. The cost-effectiveness determination methodology is described in subsection E of this section; 3. The policyholder agrees to assign rights to benefits under the private or employer-sponsored health plan to DMAS to assist the Commonwealth in pursuing these third-party payments for childhood immunizations. When a child is provided coverage under a private or employer-sponsored health plan, that plan becomes the payer for all other services covered under that plan; and 4. The policyholder is not under a court order to provide medical support for the applicant child. C. DMAS will continually verify the child's or coverage under the private or employer-sponsored health plan and will redetermine the eligibility of the child for the FAMIS Select component when it receives information concerning an applicant's or enrollee's circumstances that may affect eligibility.
D. Application requirements.
1. DMAS shall furnish the following information in written form and orally, as appropriate, to the families of FAMIS children who have indicated an interest in FAMIS Select: a. The eligibility requirements for FAMIS Select; b. A description of how the program operates, the amount of premium assistance available, and how children can move from FAMIS Select into FAMIS if requested; c. A summary of the covered benefits and cost-sharing requirements available through FAMIS; d. A guide to help families make an informed choice by comparing the FAMIS plan to their private or employer-sponsored health plan. Such guide shall include a notice to the effect that children covered by FAMIS Select will not receive FAMIS-covered services, but only those health services covered by their private or employer-sponsored health plan, and that the FAMIS Select enrollee shall be responsible for any and all costs associated with their chosen health plan; e. Information on coverage for childhood immunizations through FAMIS; and f. The rights and responsibilities of applicants and enrollees. 2. DMAS will provide interested families with applications for FAMIS Select. 3. An electronic or written application for the FAMIS Select component shall be required from interested families. 4. DMAS shall determine eligibility for the FAMIS Select component promptly, within 45 calendar days from the date of receiving an application that contains all information and verifications necessary to determine eligibility, except in unusual circumstances beyond the agency's control. Actual enrollment into the FAMIS Select component may not occur for extended periods of time, depending on the ability of the family to enroll in the employer's plan. 5. Incomplete FAMIS Select applications shall be held for a period of 30 calendar days to enable applicants to provide outstanding information needed for a FAMIS Select eligibility determination. Any applicant who, within 30 calendar days of the receipt of the initial application, fails to provide information or verifications necessary to determine FAMIS Select eligibility shall have his application denied. 6. DMAS must send each applicant a written notice of the agency's decision on his application for FAMIS Select and, if approved, his obligations under the program. If eligibility is denied, notice will be given concerning the reasons for the denial. E. Cost effectiveness Cost-effectiveness. DMAS may elect to provide coverage to FAMIS children by paying all or a portion of the family's private or employer-sponsored health insurance premium if the cost of such premium assistance under FAMIS Select is equal to or less than the Commonwealth's cost of obtaining coverage under FAMIS only for the eligible, targeted, low-income child involved. Providing premium assistance for the FAMIS-eligible children may result in the coverage of an adult or other relative or dependent; however, this coverage shall be solely incidental to covering the FAMIS child. 1. To ensure that the FAMIS Select program remains cost effective cost-effective, DMAS will establish a fixed premium assistance amount per child that will be paid to a family choosing to enroll their its FAMIS-eligible child in FAMIS Select. The fixed premium assistance amount will be determined annually by: a. Determining the cost of covering a child under FAMIS. The cost will be determined by using the capitated payment rate paid to MCHIPs, or an average cost amount developed by DMAS; b. Determining the administrative costs associated with the FAMIS Select program; and c. Establishing a fixed premium assistance amount that includes administrative costs and is less than or equal to the cost of covering the FAMIS child under FAMIS. DMAS will ensure that the total of the fixed premium assistance amounts for all the FAMIS-eligible children per family do not exceed the total cost of the family's health insurance premium payment for the private or employer-sponsored health plan. If the total fixed premium assistance amounts do exceed the family's premium payment, then the family premium assistance will be reduced by an amount necessary to ensure the premium assistance payment is less than or equal to the family's premium payment.
F. Enrollment and disenrollment.
1. FAMIS children applying for FAMIS Select will receive coverage under FAMIS until their eligibility for coverage under the FAMIS Select component is established and until they are able to enroll in the private or employer-sponsored health plan. 2. The timing and procedures employed to transfer FAMIS children's coverage to the FAMIS Select component will be coordinated between DMAS and the agency managing the case to ensure continuation of coverage. 3. Participation by families in the FAMIS Select component shall be voluntary. Families may disenroll their child from the FAMIS Select component as long as the proper timing and procedures established by DMAS are followed to ensure continued health coverage. G. Premium assistance. When a child is determined eligible for coverage under the FAMIS Select component, premium assistance payments shall become effective the month in which the FAMIS child is enrolled in the employer's plan. Payment of premium assistance shall end:
1. On the last day of the month in which FAMIS eligibility ends;
2. The On the last day of the month in which the child loses eligibility for coverage under the private or employer-sponsored health plan; 3. The On the last day of the month in which the family notifies DMAS that it wishes to disenroll its child from the FAMIS Select component; or 4. On the next business day following a request by the family to immediately transfer the child from FAMIS Select into the FAMIS program. The request must include notification that the child's private or employer-sponsored health plan has been terminated as of the date of transfer and an agreement by the family to return to DMAS the premium assistance payment prorated for that portion of the month in which the child was not enrolled in the private or employer-sponsored health plan. H. Supplemental health benefits coverage will be provided to ensure that FAMIS children enrolled in the FAMIS Select component receive all childhood immunizations available under the FAMIS benefits. FAMIS children can obtain these supplemental benefits through Medicaid providers. I. Cost sharing. FAMIS Select families will be responsible for all copayments, deductibles, coinsurance, fees, or other cost-sharing requirements of the private or employer-sponsored health plan in which they enroll their children. There is no Title XXI family cost-sharing cap applied to families with children enrolled in FAMIS Select. There is no copayment required for the supplemental immunization benefits provided through FAMIS. 12VAC30-141-180. Liability for excess benefits; liability for excess benefits or payments obtained without intent; recovery of FAMIS payments. A. Any person who, without the intent to violate this section, obtains benefits or payments under FAMIS to which he the person is not entitled shall be liable for any excess benefits or payments received. If the enrollee knew or reasonably should have known that he was not entitled to the excess benefits, he the enrollee may also be liable for interest on the amount of the excess benefits or payments at the judgment rate as defined in § 6.1-330.54 of the Code of Virginia from the date upon which excess benefits or payments were made to the date on which repayment is made to the Commonwealth. No person shall be liable for payment of interest, however, when excess benefits or payments were obtained as a result of errors made solely by DMAS or its designee. B. Any payment erroneously made on behalf of a FAMIS enrollee or former enrollee may be recovered by DMAS from the enrollee or the enrollee's income, assets, or estate unless state or federal law or regulation otherwise exempts such property. 12VAC30-141-500. Benefits reimbursement. A. Reimbursement for the services covered under FAMIS fee-for-service and MCHIPs shall be as specified in this section. B. Reimbursement for physician services, surgical services, clinic services, prescription drugs, laboratory and radiological services, outpatient mental health services, early intervention services, emergency services, home health services, immunizations, mammograms, medical transportation, organ transplants, skilled nursing services, well baby and well child care, vision services, durable medical equipment, disposable medical supplies, dental services, case management services, physical therapy, occupational therapy, or speech-language therapy services, hospice services, school-based health services, behavioral therapy services, including applied behavior analysis, and certain community-based mental health services shall be based on the Title XIX rates. C. Reimbursement to MCHIPs shall be determined on the basis of the estimated cost of providing the MCHIP benefit package and services to an actuarially equivalent population. MCHIP rates will be determined annually and published 30 days prior to the effective date.
D. Exceptions.
1. Prior authorization is required after five visits in a fiscal year for physical therapy, occupational therapy, and speech-language therapy provided by home health providers and outpatient rehabilitation facilities and for home health skilled nursing visits. Prior authorization is required for the following nonemergency outpatient procedures: Magnetic Resonance Imaging, including Magnetic Resonance Angiography (MRA), Computerized Axial Tomography (CAT) scans, including Computed Tomography Angiography (CTA), or Positron Emission Tomography (PET) scans performed for the purpose of diagnosing a disease process or physical injury. Prior authorization for dental services will be based on the Title XIX prior authorization requirements for dental services. 2. 1. Reimbursement for inpatient hospital services will be based on the Title XIX rates in effect for each hospital. Reimbursement shall not include payments for disproportionate share or graduate medical education payments made to hospitals. Payments made shall be final and there shall be no retrospective cost settlements. 3. 2. Reimbursement for outpatient hospital services shall be based on the Title XIX rates in effect for each hospital. Payments made will be final and there will be no retrospective cost settlements. 4. 3. Reimbursement for inpatient mental health services other than by free standing psychiatric hospitals will be based on the Title XIX rates in effect for each hospital. Reimbursement will not include payments for disproportionate share or graduate medical education payments made to hospitals. Payments made will be final and there will be no retrospective cost settlements. 5. 4. Reimbursement for outpatient rehabilitation services will be based on the Title XIX rates in effect for each rehabilitation agency. Payments made will be final and there will be no retrospective cost settlements. 6. 5. Reimbursement for outpatient substance abuse treatment services will be based on rates determined by DMAS for children ages six through 18 years of age. Payments made will be final and there will be no retrospective cost settlements. 7. 6. Reimbursement for prescription drugs will be based on the Title XIX rates in effect. Reimbursements for Title XXI do not receive drug rebates as under Title XIX. 8. 7. Reimbursement for covered prescription drugs for noninstitutionalized FAMIS recipients receiving the fee-for-service benefits will be subject to review and prior authorization when their current number of prescriptions exceeds nine unique prescriptions within 180 calendar days, and as may be further defined by the agency's guidance documents for pharmacy utilization review and the prior authorization program. The prior authorization process shall be applied consistent with the process set forth in 12VAC30-50-210 A 7. 12VAC30-141-670. Definitions. (Repealed.) The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Adverse action," consistent with 42 CFR 457.1130, means the denial of eligibility; failure to make a timely determination of eligibility; suspension or termination of enrollment, including disenrollment for failure to pay cost sharing; or delay, denial, reduction, suspension, or termination of health services, in whole or in part, including a determination about the type or level of services; and failure to approve, furnish, or provide payment for health services in a timely manner; provided, however, that determination of eligibility to participate in and termination of participation in the FAMIS Select program shall not constitute an adverse action. "Adverse benefit determination," consistent with 42 CFR 438.400, means the denial or limited authorization of a requested service; the failure to take action or timely take action on a request for service; the reduction, suspension, or termination of a previously authorized service; denial in whole or in part of a payment for a service; failure to provide services within the timeframes required by the state; for a resident of a rural exception area with only one MCO, the denial of a enrollee's request to exercise the enrollee's right under 42 CFR 438.52(b)(2)(ii) to obtain services outside of the network; the denial of a enrollee's request to dispute a financial liability as provided in 42 CFR 438.400(b)(7); or the failure of an MCO to act within the timeframes provided in 42 CFR 438.408(b). "Agency" means the same as defined in 12VAC30-141-10. "Agent" means an individual designated in writing to act on behalf of a FAMIS MOMS Plan applicant or enrollee during the administrative review process. "Appeal" means an enrollee's request for review of an adverse benefit determination by an MCO or an adverse action by the LDSS, CPU, or DMAS. "Applicant" means a pregnant woman who has filed an application (or who has an application filed on her behalf) for health insurance and is awaiting a determination of eligibility. A pregnant woman is an applicant until her eligibility has been determined. "Application for health insurance" means the single streamlined application for determining eligibility in public health insurance programs operated by the Commonwealth. "Authorized representative" means a person who is authorized to conduct the personal or financial affairs for an individual who is 18 years of age or older. "Central processing unit" or "CPU" means Cover Virginia, which is the same as defined in 12VAC30-141-10. "Child" means an individual younger than 19 years of age. "Conservator" means a person appointed by a court of competent jurisdiction to manage the estate and financial affairs of an incapacitated individual. "Continuation of coverage" means ensuring an enrollee's benefits are continued until completion of the review process, with the condition that should the enrollee not prevail in the review process, the enrollee shall be liable for the repayment of all benefits received during the review process. "Director" means the individual, or his designee, specified in § 32.1-324 of the Code of Virginia with all of the attendant duties and responsibilities to administer the State Plan for Medical Assistance and the State Plan for Title XXI. "DMAS" or "department" means the Department of Medical Assistance Services. "Enrollee" means a pregnant woman who has been determined eligible to participate in FAMIS MOMS and is enrolled in the FAMIS MOMS program. "FAMIS" means the Family Access to Medical Insurance Security Plan. "FAMIS MOMS" means the Title XXI program available to eligible pregnant women. "Federal poverty level" or "FPL" means that income standard as published annually by the U.S. Department of Health and Human Services in the Federal Register. "Fee-for-service" means the traditional Medicaid health care delivery and payment system in which physicians and other providers receive a payment for each unit of service they provide. "Guardian" means a person appointed by a court of competent jurisdiction to be responsible for the affairs of an incapacitated individual, including responsibility for making decisions regarding the person's support, care, health, safety, habilitation, education, and therapeutic treatment, and, if not inconsistent with an order of commitment, residence. "Incapacitated " means a person who, pursuant to an order of a court of competent jurisdiction, has been found to be incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to (i) meet the essential requirements of her health, care, safety, or therapeutic needs without the assistance or protection of a guardian, or (ii) manage property or financial affairs or provide for her support or for the support of her legal dependents without the assistance or protection of a conservator. "LDSS" or "local department" means the local department of social services. "Managed care organization" or "MCO" means an organization that offers managed care health insurance plans (MCHIPs) as defined in § 32.1-137.1 of the Code of Virginia. "Pregnant woman" means a woman of any age who is medically determined to be pregnant. The pregnant woman definition is met from the first day of the earliest month that the medical practitioner certifies as being a month in which the woman was pregnant, through the last day of the month in which the 60th day occurs, following the last day of the month in which her pregnancy ended, regardless of the reason the pregnancy ended. "Provider" means the individual, facility, or other entity registered, licensed, or certified, as appropriate, and enrolled by an MCHIP or in fee-for-service to render services to FAMIS MOMS enrollees eligible for services. "State fair hearing" means, consistent with 42 CFR 438.400, the process set forth in 42 CFR 431 Subpart E. "Title XXI" means the federal State Children's Health Insurance Program as established by Subtitle J of the Balanced Budget Act of 1997. 12VAC30-141-700. Appeal of adverse actions or adverse benefit determinations. A. Upon request, all FAMIS MOMS program applicants and enrollees shall have the right to a state fair hearing of an adverse action made by the local department of social services, CPU, or DMAS, or an internal appeal Appeals of an adverse benefit determination made determinations by the an MCO may be made in accordance with 12VAC30-120-420. B. During the appeal Appeals of a suspension or termination of enrollment or a reduction, suspension, or termination of services, the enrollee shall have the right to continuation of coverage if the enrollee requests adverse actions or an MCO's internal appeal with the MCO or an appeal to DMAS prior to the effective date of the suspension or termination of enrollment or suspension, reduction, or termination of services decision of an adverse benefit determination may be made in accordance with 12VAC30-110-10 through 12VAC30-110-370. C. An appeal of an adverse action made by the local department of social services, CPU, or DMAS shall be heard and decided by an agent of DMAS who has not been directly involved in the adverse action under appeal. D. An internal appeal of an adverse benefit determination made by the MCO must be conducted by a person or agent of the MCO who has not been directly involved in the adverse benefit determination under appeal. E. Pursuant to 42 CFR 438.402(c)(1)(B), after exhausting the MCO's internal appeals process, there shall be opportunity for the enrollee to request an external medical review by an independent external quality review organization. "External quality review organization" means the independent contractor assigned by DMAS to handle quality reviews and to conduct final review of MCHIP adverse actions for FAMIS MOMS. The review is optional and shall not be required before proceeding to a state fair hearing. The review shall not extend any of the timeframes for issuing a decision and shall not disrupt any continuation of coverage granted to the enrollee. F. There will be no opportunity for appeal of an adverse action to the extent that such adverse action is based on a determination by the director that funding for FAMIS MOMS has been terminated or exhausted. There will be no opportunity for appeal if the sole basis for the decision is a provision in the State Plan or in a state or federal law requiring an automatic change in eligibility or enrollment or a change in coverage under the health benefits package that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
G. The burden of proof shall be assigned to the party who is attempting to make a change per 12VAC30-110-220 C.
H. At no time shall the failure of MCO, LDSS, CPU, or DMAS to meet the timeframes set in this chapter or set in the MCO or DMAS written appeal procedure constitute a basis for granting the applicant or enrollee the relief sought. 12VAC30-141-710. Notice of adverse action or adverse benefit determination. (Repealed.) A. The LDSS, CPU, DMAS, or DMAS contractor shall send written notification to enrollees at least 10 calendar days prior to suspension or termination of enrollment. B. DMAS or the MCO shall send written notification to enrollees at least 10 calendar days prior to reduction, suspension, or termination of a previously authorized health service. C. The local department of social services, CPU, DMAS, or MCO shall send written notification to applicants and enrollees of all other adverse actions within 10 calendar days of the adverse action.
1. The determination the LDSS, CPU, DMAS, or MCO has made or intends to make;
2. The reasons for the determination, including the right of the enrollee to be provided upon request and free of charge reasonable access to and copies of all documents, records, and other information relevant to the determination; 3. An explanation of applicable rights to request an appeal of that determination. For adverse benefit determinations by an MCO, this shall include information on the MCO's internal appeals process and, after the internal appeals process is exhausted, a state fair hearing pursuant to 42 CFR 402(b) and 42 CFR 402(c); 4. The procedures for exercising these appeal rights; 5. The circumstances under which an appeal process can be expedited and how to request it; and 6. The circumstances under which enrollment or services may continue pending appeal, how to request benefits be continued, and the circumstances, consistent with state policy, under which the enrollee may be required to pay the costs of these services. 12VAC30-141-720. Request for appeal. (Repealed.) A. Requests for internal appeal of MCO adverse benefit determinations shall be submitted orally or in writing to the MCO. Unless the enrollee requests an expedited appeal, an oral appeal request must be followed by a written appeal request. The enrollee must exhaust the MCO's internal appeals process before appealing to DMAS. B. If the MCO fails to adhere to the notice or timing requirements set forth in this part, the enrollee is deemed to have exhausted the MCO's internal appeals process and may initiate a state fair hearing. C. Requests for appeal of adverse actions made by the LDSS, CPU, or DMAS, or of internal appeal decisions by the MCO shall be submitted to DMAS. D. Any communication expressing a desire to have an adverse benefit determination by an MCO reviewed shall be treated as a request for an internal appeal. Any communication expressing a desire to have an adverse action by the LDSS, CPU, or DMAS reviewed shall be treated as a request for a state fair hearing. Any communication expressing a desire to have an MCO internal appeal decision reviewed shall be treated as a request for a state fair hearing. E. To be timely, requests for an internal appeal of an MCO's adverse benefit determination shall be received by the MCO no later than 60 calendar days from the date of the MCO's notice of adverse benefit determination. F. To be timely, requests for an appeal of an adverse benefit determination upheld in whole or in part by the MCO's internal appeal decision shall be received by DMAS within 120 calendar days from the date of the internal appeal decision. G. To be timely, requests for appeal of a local department of social services, DMAS, or CPU adverse action shall be filed with DMAS no later than 30 calendar days from the date of the notice of adverse action. Requests for appeal of an agency determination shall be considered filed with DMAS on the date the request is postmarked if mailed, or on the date the request is received if delivered other than by mail, by DMAS. 12VAC30-141-730. Appeal procedures. (Repealed.) A. At a minimum, the MCO internal appeal shall be conducted pursuant to written procedures as defined in § 32.1-137.6 of the Code of Virginia and 42 CFR 438.400 et seq. Such procedures shall be subject to review and approval by DMAS. B. Any adverse benefit determination upheld in whole or in part by the internal appeal decision issued by the MCO may be appealed by the enrollee to DMAS in accordance with the DMAS client appeals regulations at 12VAC30-110-10 through 12VAC30-110-370. DMAS shall conduct an evidentiary hearing in accordance with 12VAC30-110-10 through 12VAC30-110-370 and shall not base any appealed decision on the record established by any internal appeal decision of the MCO. The MCO shall comply with the DMAS appeal decision. The DMAS decision in these matters shall be final and shall not be subject to appeal by the MCO.
C. Appeals of adverse actions by the LDSS, CPU, or DMAS shall be conducted pursuant to 12VAC30-110.
D. Copies of the procedures shall be promptly provided by the MCO or DMAS to applicants and enrollees upon receipt of timely requests for internal appeals or state fair hearings. Such written procedures shall include the following: 1. The right to representation by an attorney or other agent of the applicant's or enrollee's choice, but at no time shall the MCO, LDSS, DSS, or DMAS be required to obtain or compensate attorneys or other agents acting on behalf of applicants or enrollees; 2. The right to timely review of files and other applicable information relevant to the internal appeal or state fair hearing of the decision; 3. The right to fully participate in the internal appeal or state fair hearing process, whether the internal appeal or state fair hearing is conducted in person or in writing, including the presentation of supplemental information during the internal appeal or state fair hearing process; 4. The right to have personal and medical information and records maintained as confidential; 5. The right to a written final decision: a. For internal appeals to the MCO, within 30 calendar days of receipt of the request for an internal appeal; or b. For state fair hearings, within the time limitations for appeals imposed by federal regulations and as permitted in 12VAC30-110-30; 6. For eligibility and enrollment matters, if the applicant's or enrollee's physician or health plan determines that the 90-calendar-day timeframe could seriously jeopardize the applicant's or enrollee's life or health or ability to attain, maintain, or regain maximum function, an applicant or enrollee will have the opportunity to request an expedited appeal. Under these conditions, a request for an expedited appeal shall result in a written final decision within 72 hours after DMAS receives the expedited appeal request from the physician or health plan with the case record and information indicating that taking the time for a standard resolution of the appeal request could seriously jeopardize the applicant's or enrollee's life or health or ability to attain, maintain, or regain maximum function, unless the applicant or enrollee requests an extension; 7. For health services matters for FAMIS MOMS enrollees receiving services through an MCO: a. If the enrollee's physician or health plan determines that the 30-calendar-day timeframe for a standard internal appeal could seriously jeopardize the enrollee's life, health, or ability to attain, maintain, or regain maximum function, an enrollee will have the opportunity to request an expedited internal appeal. Under these conditions, a request for an internal appeal shall result in a written decision by the MCO within 72 hours from the time the expedited internal appeal is requested, unless the applicant, enrollee, or authorized representative requests a delay. If a delay is requested by the applicant, enrollee, or authorized representative, then expedited internal appeal may be extended up to 14 calendar days. b. If the adverse benefit determination is upheld in whole or in part by the expedited internal appeal decision issued by the MCO, and if the enrollee's physician or health plan determines that the timeframe for a standard appeal to DMAS could seriously jeopardize the enrollee's life or health or ability to attain, maintain, or regain maximum function, an enrollee will have the opportunity to request an expedited appeal to DMAS. Under these conditions, a request for a state fair hearing shall result in a written decision within 72 hours from the time an enrollee requests the expedited appeal, unless the applicant, enrollee, or authorized representative requests or causes a delay. If a delay is requested by the applicant, enrollee, or authorized representative, then the expedited appeal may be extended up to 14 calendar days; and 8. For health services matters for FAMIS MOMS enrollees receiving services through fee-for-service, if the enrollee's physician or health plan determines that the 90-calendar-day timeframe for a standard appeal could seriously jeopardize the enrollee's life, health, or ability to attain, maintain, or regain maximum function, an enrollee will have the opportunity to request an expedited review. Under these conditions, a request for an expedited appeal shall result in a written decision within 72 hours from the time the expedited appeal is requested, unless the applicant, enrollee, or authorized representative requests or causes a delay. If a delay is requested or caused by the applicant, enrollee, or authorized representative, then expedited appeal may be extended up to 14 calendar days. 12VAC30-141-810. Liability for excess benefits. A. Any person who, without the intent to violate this section, obtains benefits or payments under FAMIS MOMS to which she the person is not entitled shall be liable for any excess benefits or payments received. If the enrollee knew or reasonably should have known that she the enrollee was not entitled to the excess benefits, she the enrollee may also be liable for interest on the amount of the excess benefits or payments at the judgment rate as defined in § 6.1-330.54 of the Code of Virginia from the date upon which excess benefits or payments were made to the date on which repayment is made to the Commonwealth. No person shall be liable for payment of interest, however, when excess benefits or payments were obtained as a result of errors made solely by DMAS or its designee. B. Any payment erroneously made on behalf of a FAMIS MOMS enrollee or former enrollee may be recovered by DMAS from the enrollee or the enrollee's income, assets, or estate unless state or federal law or regulation otherwise exempts such property. 12VAC30-141-830. Benefits reimbursement. A. Reimbursement for the services covered under FAMIS MOMS fee-for-service and MCHIPs shall be as specified in this section. B. Reimbursement for physician services, surgical services, clinic services, prescription drugs, laboratory and radiological services, outpatient mental health services, early intervention services, emergency services, home health services, immunizations, mammograms, medical transportation, organ transplants, skilled nursing services, well baby and well child care, vision services, durable medical equipment, disposable medical supplies, dental services, case management services, physical therapy/occupational therapy/speech-language therapy services, hospice services, school-based health services, and certain community-based mental health services shall be based on the Title XIX rates. C. Reimbursement to MCHIPs shall be determined on the basis of the estimated cost of providing the MCHIP benefit package and services to an actuarially equivalent population. MCHIP rates will be determined annually and published 30 days prior to the effective date.
D. Exceptions.
1. Prior authorization is required after five visits in a fiscal year for physical therapy, occupational therapy and speech therapy provided by home health providers and outpatient rehabilitation facilities and for home health skilled nursing visits. Prior authorization is required after five visits for outpatient mental health visits in the first year of service and prior authorization is required for the following nonemergency outpatient procedures: Magnetic Resonance Imaging, Computer Axial Tomography scans, or Positron Emission Tomography scans. 2. 1. Reimbursement for inpatient hospital services will be based on the Title XIX rates in effect for each hospital. Reimbursement shall not include payments for disproportionate share or graduate medical education payments made to hospitals. Payments made shall be final and there shall be no retrospective cost settlements. 3. 2. Reimbursement for outpatient hospital services shall be based on the Title XIX rates in effect for each hospital. Payments made will be final and there will be no retrospective cost settlements. 4. 3. Reimbursement for inpatient mental health services other than by free standing psychiatric hospitals will be based on the Title XIX rates in effect for each hospital. Reimbursement will not include payments for disproportionate share or graduate medical education payments made to hospitals. Payments made will be final and there will be no retrospective cost settlements. 5. 4. Reimbursement for outpatient rehabilitation services will be based on the Title XIX rates in effect for each rehabilitation agency. Payments made will be final and there will be no retrospective cost settlements. 6. 5. Reimbursement for outpatient substance abuse treatment services will be based on rates determined by DMAS for children ages six through 18 years of age. Payments made will be final and there will be no retrospective cost settlements. 7. 6. Reimbursement for prescription drugs will be based on the Title XIX rates in effect. Reimbursements for Title XXI do not receive drug rebates as under Title XIX. 8. 7. Reimbursement for covered prescription drugs for non-institutionalized FAMIS MOMS individuals receiving the fee-for-service benefits will be subject to review and prior authorization when their current number of prescriptions exceeds nine unique prescriptions within 180 days, and as may be further defined by the agency's guidance documents for pharmacy utilization review and the prior authorization program. The prior authorization process shall be applied consistent with the process set forth in 12VAC30-50-210 A 7.VA.R. Doc. No. R27-7770; Filed September 28, 2026TITLE 12. HEALTHDEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICESEmergency/NOIRATITLE 12. HEALTH STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES Notice of Intended Regulatory Action Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Behavioral Health and Developmental Services intends to consider amending 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services. The purpose of the proposed action is to add Article 8 (12VAC35-105-1412 through 12VAC35-105-1419), Recovery and Empowerment Center, containing new sections establishing Mental Health Clubhouse Services in Virginia, including (i) definitions necessary for the integration of recovery and empowerment centers (REC) into the licensing regulations; (ii) REC admission criteria; (iii) REC discharge criteria; (iv) minimum service delivery requirements for REC; (v) minimum requirements for REC staffing; and (vi) standards for REC physical environment. The amendments are mandated by Item 297 of Chapter 1 of the 2026 Acts of Assembly, Special Session I. The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register. Statutory Authority: §§ 37.2-203 and 37.2-400 of the Code of Virginia. Public Comment Deadline: November 18, 2026. Agency Contact: Susan Puglisi, Regulatory Research Specialist, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, Fourth Floor, Richmond, VA 23219, telephone (804) 975-0538, fax (804) 371-6638, TDD (804) 371-8977, or email susan.puglisi@dbhds.virginia.gov.VA.R. Doc. No. R26-8525; Filed September 17, 2026TITLE 12. HEALTHDEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICESEmergency/NOIRATITLE 12. HEALTH STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES Notice of Intended Regulatory Action Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Behavioral Health and Developmental Services intends to consider amending 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services. The purpose of the proposed action is to add Article 9 (12VAC35-105-1420 through 12VAC35-105-1425), Community Psychiatric Support and Treatment (CPST), containing new sections establishing CPST services in Virginia, including (i) definitions necessary for the integration of CPST services into the licensing regulations; (ii) CPST admission criteria; (iii) CPST discharge criteria; (iv) minimum service delivery and location requirements for CPST; and (v) minimum requirements for treatment teams and staffing for CPST. The amendments are mandated by Item 297 of Chapter 1 of the 2026 Acts of Assembly, Special Session I. The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register. Statutory Authority: §§ 37.2-203 and 37.2-400 of the Code of Virginia. Public Comment Deadline: November 18, 2026. Agency Contact: Susan Puglisi, Regulatory Research Specialist, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, Fourth Floor, Richmond, VA 23219, telephone (804) 975-0538, fax (804) 371-6638, TDD (804) 371-8977, or email susan.puglisi@dbhds.virginia.gov.VA.R. Doc. No. R26-8445; Filed September 17, 2026TITLE 12. HEALTHDEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICESEmergency/NOIRATITLE 12. HEALTH STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES Notice of Intended Regulatory Action Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Behavioral Health and Developmental Services intends to consider amending 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services. The purpose of the proposed action is to add Article 10 (12VAC35-105-1426 through 12VAC35-105-1429), Coordinated Specialty Care, containing new sections establishing Coordinated Specialty Care (CSC) services in Virginia, including (i) definitions necessary for the integration of CSC into the licensing regulations; (ii) CSC admission criteria; (iii) CSC discharge criteria; (iv) minimum service delivery requirements for CSC; and (v) minimum requirements for treatment teams and staffing for CSC. The amendments are mandated by Item 297 of Chapter 1 of the 2026 Acts of Assembly, Special Session I. The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register. Statutory Authority: §§ 37.2-203 and 37.2-400 of the Code of Virginia. Public Comment Deadline: November 18, 2026. Agency Contact: Susan Puglisi, Regulatory Research Specialist, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, Fourth Floor, Richmond, VA 23219, telephone (804) 975-0538, fax (804) 371-6638, TDD (804) 371-8977, or email susan.puglisi@dbhds.virginia.gov.VA.R. Doc. No. R26-8524; Filed September 17, 2026TITLE 12. HEALTHDEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICESEmergencyTITLE 12. HEALTH STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES Emergency Regulation Title of Regulation: 12VAC35-105. Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (amending 12VAC35-105-20, 12VAC35-105-30; adding 12VAC35-105-1412 through 12VAC35-105-1419). Statutory Authority: §§ 37.2-203 and 37.2-400 of the Code of Virginia. Effective Dates: September 28, 2026, through March 27, 2028. Agency Contact: Susan Puglisi, Regulatory Research Specialist, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, Fourth Floor, Richmond, VA 23219, telephone (804) 975-0538, fax (804) 371-6638, TDD (804) 371-8977, or email susan.puglisi@dbhds.virginia.gov. Preamble: Section 2.2-4011 B of the Code of Virginia states that agencies may adopt emergency regulations in situations in which Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment, and the regulation is not exempt under the provisions of § 2.2-4006 A 4 of the Code of Virginia. Item 297 of Chapter 1 of the 2026 Acts of Assembly, Special Session I, directs the Department of Behavioral Health and Developmental Services to align licensing regulations with the modifications being made to Medicaid behavioral health services. The amendments to Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-105) conform the regulation to changes made by the Department of Medical Assistance Services replacing legacy services with the following updated suites of services: Community Psychiatric Support and Treatment; Coordinated Specialty Care; and Mental Health Clubhouse Services, which in Virginia is recovery and empowerment center (REC). This regulatory action establishes (i) definitions necessary for the integration of REC into the licensing regulations; (ii) admission criteria; (iii) discharge criteria; (iv) minimum service delivery requirements; (v) minimum requirements for staffing; and (vi) standards for physical environment for the newly licensed service to align with Mental Health Clubhouse Services. 12VAC35-105-20. Definitions. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Abuse" means, as defined by § 37.2-100 of the Code of Virginia, any act or failure to act by an employee or other person responsible for the care of an individual in a facility or program operated, licensed, or funded by the department, excluding those operated by the Virginia Department of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. Examples of abuse include acts such as: 1. Rape, sexual assault, or other criminal sexual behavior; 2. Assault or battery; 3. Use of language that demeans, threatens, intimidates, or humiliates the individual; 4. Misuse or misappropriation of the individual's assets, goods, or property; 5. Use of excessive force when placing an individual in physical or mechanical restraint; 6. Use of physical or mechanical restraints on an individual that is not in compliance with federal and state laws, regulations, and policies, professional accepted standards of practice, or the individual's individualized services plan; or 7. Use of more restrictive or intensive services or denial of services to punish an individual or that is not consistent with the individual's individualized services plan. "Activities of daily living" or "ADLs" means personal care activities and includes bathing, dressing, transferring, toileting, grooming, hygiene, feeding, and eating. An individual's degree of independence in performing these activities is part of determining the appropriate level of care and services. "Addiction" means a primary, chronic disease of brain reward, motivation, memory, and related circuitry. Addiction is defined as the inability to consistently abstain, impairment in behavioral control, persistence of cravings, diminished recognition of significant problems with one's behaviors and interpersonal relationships, and a dysfunctional emotional response. Like other chronic diseases, addiction often involves cycles of relapse and remission. Without treatment or engagement in recovery activities, addiction is progressive and can result in disability or premature death. "Admission" means the process of acceptance into a service as defined by the provider's policies. "Allied health professional" means a professional who is involved with the delivery of health or related services pertaining to the identification, evaluation, and prevention of diseases and disorders, such as a certified substance abuse counselor, certified substance abuse counseling assistant, peer recovery support specialist, certified nurse aide, or occupational therapist. "ASAM" means the American Society of Addiction Medicine. "Assertive community treatment service" or "ACT" means a self-contained interdisciplinary community-based team of medical, behavioral health, and rehabilitation professionals who use a team approach to meet the needs of an individual with severe and persistent mental illness. ACT teams: 1. Provide person-centered services addressing the breadth of an individual's needs, helping the individual achieve his personal goals; 2. Serve as the primary provider of all the services that an individual receiving ACT services needs; 3. Maintain a high frequency and intensity of community-based contacts; 4. Maintain a very low individual-to-staff ratio; 5. Offer varying levels of care for all individuals receiving ACT services and appropriately adjust service levels according to each individual's needs over time; 6. Assist individuals in advancing toward personal goals with a focus on enhancing community integration and regaining valued roles, such as worker, family member, resident, spouse, tenant, or friend; 7. Carry out planned assertive engagement techniques, including rapport-building strategies, facilitating meeting basic needs, and motivational interviewing techniques; 8. Monitor the individual's mental status and provide needed supports in a manner consistent with the individual's level of need and functioning; 9. Deliver all services according to a recovery-based philosophy of care; and 10. Promote self-determination, respect for the individual receiving ACT as an individual in such individual's own right, and engage peers in promoting recovery and regaining meaningful roles and relationships in the community. "Authorized representative" means a person permitted by law or 12VAC35-115 to authorize the disclosure of information or consent to treatment and services or participation in human research. "Behavior intervention" means those principles and methods employed by a provider to help an individual receiving services to achieve a positive outcome and to address challenging behavior in a constructive and safe manner. Behavior intervention principles and methods shall be employed in accordance with the individualized services plan and written policies and procedures governing service expectations, treatment goals, safety, and security. "Behavioral treatment plan," "functional plan," or "behavioral support plan" means any set of documented procedures that are an integral part of the individualized services plan and are developed on the basis of a systematic data collection, such as a functional assessment, for the purpose of assisting individuals to achieve the following: 1. Improved behavioral functioning and effectiveness; 2. Alleviation of symptoms of psychopathology; or 3. Reduction of challenging behaviors. "Board" or "state board" means, as defined by § 37.2-100 of the Code of Virginia, the State Board of Behavioral Health and Developmental Services. The board has statutory responsibility for adopting regulations that may be necessary to carry out the provisions of Title 37.2 of the Code of Virginia and other laws of the Commonwealth administered by the commissioner or the department. "Brain injury" means any injury to the brain that occurs after birth that is acquired through traumatic or nontraumatic insults. Nontraumatic insults may include anoxia, hypoxia, aneurysm, toxic exposure, encephalopathy, surgical interventions, tumor, and stroke. Brain injury does not include hereditary, congenital, or degenerative brain disorders or injuries induced by birth trauma. "Care," "treatment," or "support" means the individually planned therapeutic interventions that conform to current acceptable professional practice and that are intended to improve or maintain functioning of an individual receiving services delivered by a provider. "Case management service" or "support coordination service" means services that can include assistance to individuals and their family members in accessing needed services that are responsive to the individual's needs. Case management services include identifying potential users of the service; assessing needs and planning services; linking the individual to services and supports; assisting the individual directly to locate, develop, or obtain needed services and resources; coordinating services with other providers; enhancing community integration; making collateral contacts; monitoring service delivery; discharge planning; and advocating for individuals in response to their changing needs. "Case management service" does not include assistance in which the only function is maintaining service waiting lists or periodically contacting or tracking individuals to determine potential service needs. "Clinical experience" means providing direct services to individuals with mental illness or the provision of direct geriatric services or special education services. Experience may include supervised internships, practicums, and field experience. "Clinically managed high-intensity residential care" or "Level of care 3.5" means a substance use treatment program that offers 24-hour supportive treatment of individuals with significant psychological and social problems by credentialed addiction treatment professionals in an interdisciplinary treatment approach. A clinically managed high-intensity residential care program provides treatment to individuals who present with significant challenges, such as physical, sexual, or emotional trauma; past criminal or antisocial behaviors, with a risk of continued criminal behavior; an extensive history of treatment; inadequate anger management skills; extreme impulsivity; and antisocial value system. "Clinically managed low-intensity residential care" or "Level of care 3.1" means providing an ongoing therapeutic environment for individuals requiring some structured support in which treatment is directed toward applying recovery skills; preventing relapse; improving emotional functioning; promoting personal responsibility; reintegrating the individual into work, education, and family environments; and strengthening and developing adaptive skills that may not have been achieved or have been diminished during the individual's active addiction. A clinically managed low-intensity residential care program also provides treatment for individuals suffering from chronic, long-term alcoholism or drug addiction and affords an extended period of time to establish sound recovery and a solid support system. "Clinically managed population specific high-intensity residential services" or "Level of care 3.3" means a substance use treatment program that provides a structured recovery environment in combination with high-intensity clinical services provided in a manner to meet the functional limitations of individuals. The functional limitations of individuals who are placed within this level of care are primarily cognitive and can be either temporary or permanent. "Collaborative behavioral health services" means the same as the term is defined in § 54.1-3500 of the Code of Virginia. "Commissioner" means the Commissioner of the Department of Behavioral Health and Developmental Services. "Community-based crisis stabilization" means services that are short term and designed to support an individual and the individual's natural support system following contact with an initial crisis response service or as a diversion to a higher level of care. Providers deliver community-based crisis stabilization services in an individual's natural environment and provide referrals and linkage to other community-based services at the appropriate level of care. Interventions may include mobile crisis response, brief therapeutic and skill-building interventions, engagement of natural supports, interventions to integrate natural supports in the de-escalation and stabilization of the crisis, and coordination of follow-up services. Coordination of specialized services to address the needs of co-occurring developmental disabilities and substance use disorders are also available through this service. Services include advocacy and networking to provide linkages and referrals to appropriate community-based services and assist the individual and the individual's family or caregiver in accessing other benefits or assistance programs for which the individual may be eligible. Community-based crisis stabilization is a non-center, community-based service. The goal of community-based crisis stabilization services is to stabilize the individual within the community and support the individual or the individual's support system (i) as part of an initial mobile crisis response; (ii) during the period between an initial mobile crisis response and entry into an established follow-up service at the appropriate level of care; (iii) as a transitional step-down from a higher level of care if the next level of care service is identified but not immediately available for access; or (iv) as a diversion to a higher level of care. "Community gero-psychiatric residential services" means 24-hour care provided to individuals with mental illness, behavioral problems, and concomitant health problems who are usually 65 years of age or older in a geriatric setting that is less intensive than a psychiatric hospital but more intensive than a nursing home or group home. Services include assessment and individualized services planning by an interdisciplinary services team, intense supervision, psychiatric care, behavioral treatment planning and behavior interventions, nursing, and other health-related services. "Complaint" means an allegation of a violation of this chapter or a provider's policies and procedures related to this chapter. "Conveyance" means a motor vehicle that serves as the mobile component of a mobile MAT program. "Co-occurring disorders" means the presence of more than one and often several of the following disorders that are identified independently of one another and are not simply a cluster of symptoms resulting from a single disorder: mental illness, a developmental disability, substance abuse (substance use disorders), or brain injury. "Co-occurring services" means individually planned therapeutic treatment that addresses in an integrated concurrent manner the service needs of individuals who have co-occurring disorders. "Corrective action plan" means the provider's pledged corrective action in response to cited areas of noncompliance documented by the regulatory authority. "Correctional facility" means a facility operated under the management and control of the Virginia Department of Corrections. "Credentialed addiction treatment professional" means a person who possesses one of the following credentials issued by the appropriate health regulatory board: (i) an addiction-credentialed physician or physician with experience or training in addiction medicine; (ii) a licensed nurse practitioner or a licensed physician assistant with experience or training in addiction medicine; (iii) a licensed psychiatrist; (iv) a licensed clinical psychologist; (v) a licensed clinical social worker; (vi) a licensed professional counselor; (vii) a licensed nurse practitioner with experience or training in psychiatry or mental health; (viii) a licensed marriage and family therapist; (ix) a licensed substance abuse treatment practitioner; (x) a resident who is under the supervision of a licensed professional counselor (18VAC115-20-10), licensed marriage and family therapist (18VAC115-50-10), or licensed substance abuse treatment practitioner (18VAC115-60-10) and is registered with the Virginia Board of Counseling; (xi) a resident in psychology who is under supervision of a licensed clinical psychologist and is registered with the Virginia Board of Psychology (18VAC125-20-10); or (xii) a supervisee in social work who is under the supervision of a licensed clinical social worker and is registered with the Virginia Board of Social Work (18VAC140-20-10). "Crisis" means a deteriorating or unstable situation often developing suddenly or rapidly that produces acute, heightened, emotional, mental, physical, medical, or behavioral distress. "Crisis education and prevention plan" or "CEPP" means a department-approved, individualized, client-specific document that provides a concise, clear, and realistic set of supportive interventions to prevent or de-escalate a crisis and assist an individual who may be experiencing a behavioral loss of control. The goal of the CEPP is to identify problems that have arisen in the past or are emergent in order to map out strategies that offer tools for the natural support system to assist the individual in addressing and de-escalating problems in a healthy way and provide teaching skills that the individual can apply independently. "Crisis planning team" means the team who is consulted to plan the individual's safety plan or crisis ISP. The crisis planning team consists, at a minimum, of the individual receiving services, the individual's legal guardian or authorized representative, and a member of the provider's crisis staff. The crisis planning team may include the individual's support coordinator, case manager, the individual's family, or other identified persons, as desired by the individual, such as the individual's family of choice. "Crisis receiving center," "CRC," or "23-hour crisis stabilization" means a community-based, nonhospital facility providing short-term assessment, observation, and crisis stabilization services for up to 23 hours. This service is accessible 24 hours per day, seven days per week, 365 days per year, and is indicated when an individual requires a safe environment for initial assessment and intervention. This service includes a thorough assessment of an individual's behavioral health crisis, psychosocial needs, and supports in order to determine the least restrictive environment most appropriate for stabilization. Key service functions include rapid assessment, crisis intervention, de-escalation, short-term stabilization, and appropriate referrals for ongoing care. This distinct service may be co-located with other services such as crisis stabilization units. "Crisis stabilization" means direct, intensive nonresidential or residential care and treatment to nonhospitalized individuals experiencing an acute crisis that may jeopardize their current community living situation. Crisis stabilization is intended to avert hospitalization or rehospitalization; provide normative environments with a high assurance of safety and security for crisis intervention; stabilize individuals in crisis; and mobilize the resources of the community support system, family members, and others for ongoing rehabilitation and recovery. "Crisis stabilization unit," "CSU," or "residential crisis stabilization unit" is a community-based, short-term residential treatment unit. CSUs serve as primary alternatives to inpatient hospitalization for individuals who are in need of a safe, secure environment for assessment and crisis treatment. CSUs also serve as a step-down option from psychiatric inpatient hospitalization and function to stabilize and reintegrate individuals who meet medical necessity criteria back into their communities. "Day support service" means structured programs of training, assistance, and specialized supervision in the acquisition, retention, or improvement of self-help, socialization, and adaptive skills for adults with a developmental disability provided to groups or individuals in nonresidential community-based settings. Day support services may provide opportunities for peer interaction and community integration and are designed to enhance the following: self-care and hygiene, eating, toileting, task learning, community resource utilization, environmental and behavioral skills, social skills, medication management, prevocational skills, and transportation skills. The term "day support service" does not include services in which the primary function is to provide employment-related services, general educational services, or general recreational services. "Department" means the Virginia Department of Behavioral Health and Developmental Services. "Developmental disability" means a severe, chronic disability of an individual that (i) is attributable to a mental or physical impairment or a combination of mental and physical impairments other than a sole diagnosis of mental illness; (ii) is manifested before the individual reaches 22 years of age; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and (v) reflects the individual's need for a combination and sequence of special interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. An individual from birth to nine years of age, inclusive, who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability without meeting three or more of the criteria described in clauses (i) through (v) if the individual without services and supports has a high probability of meeting those criteria later in life. "Developmental services" means planned, individualized, and person-centered services and supports provided to individuals with developmental disabilities for the purpose of enabling these individuals to increase their self-determination and independence, obtain employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible. "Diagnostic and Statistical Manual of Mental Disorders" or "DSM" means the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition, DSM-5, of the American Psychiatric Association. "Direct care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an individual receiving services or (ii) immediately supervising a person in a position with this responsibility. "Discharge" means the process by which the individual's active involvement with a service is terminated by the provider, individual, or individual's authorized representative. "Discharge plan" means the written plan that establishes the criteria for an individual's discharge from a service and identifies and coordinates delivery of any services needed after discharge. "Dispense" means to deliver a drug to an ultimate user by or pursuant to the lawful order of a practitioner, including the prescribing and administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery (§ 54.1-3400 et seq. of the Code of Virginia). "Emergency service" means unscheduled and sometimes scheduled crisis intervention, stabilization, and referral assistance provided over the telephone or face-to-face, if indicated, available 24 hours a day and seven days per week. Emergency services also may include walk-ins, home visits, jail interventions, and preadmission screening activities associated with the judicial process. "Group home or community residential service" means a congregate service providing 24-hour supervision in a community-based home having eight or fewer residents. Services include supervision, supports, counseling, and training in activities of daily living for individuals whose individualized services plan identifies the need for the specific types of services available in this setting. "HCBS Waiver" means a Medicaid Home and Community Based Services Waiver. "Home and noncenter based" means that a service is provided in the individual's home or other noncenter-based setting. This includes noncenter-based day support, supportive in-home, and intensive in-home services. "Individual" or "individual receiving services" means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms "consumer," "patient," "resident," "recipient," or "client". When the term is used in this chapter, the requirement applies to every individual receiving licensed services from the provider. "Individualized services plan" or "ISP" means a comprehensive and regularly updated written plan that describes the individual's needs, the measurable goals and objectives to address those needs, and strategies to reach the individual's goals. An ISP is person-centered, empowers the individual, and is designed to meet the needs and preferences of the individual. The ISP is developed through a partnership between the individual and the provider and includes an individual's treatment plan, habilitation plan, person-centered plan, or plan of care, which are all considered individualized service plans. "Informed choice" means a decision made after considering options based on adequate and accurate information and knowledge. These options are developed through collaboration with the individual and the individual's authorized representative, as applicable, and the provider with the intent of empowering the individual and the individual's authorized representative to make decisions that will lead to positive service outcomes. "Informed consent" means the voluntary written agreement of an individual or that individual's authorized representative to surgery, electroconvulsive treatment, use of psychotropic medications, or any other treatment or service that poses a risk of harm greater than that ordinarily encountered in daily life or for participation in human research. To be voluntary, informed consent must be given freely and without undue inducement; any element of force, fraud, deceit, or duress; or any form of constraint or coercion. "Initial assessment" means an assessment conducted prior to or at admission to determine whether the individual meets the service's admission criteria; what the individual's immediate service, health, and safety needs are; and whether the provider has the capability and staffing to provide the needed services. "Inpatient psychiatric service" means intensive 24-hour medical, nursing, and treatment services provided to individuals with mental illness or substance abuse (substance use disorders) in a hospital as defined in § 32.1-123 of the Code of Virginia or in a special unit of a hospital. "Instrumental activities of daily living" or "IADLs" means meal preparation, housekeeping, laundry, and managing money. A person's degree of independence in performing these activities is part of determining appropriate level of care and services. "Intellectual disability" means a disability originating before 18 years of age, characterized concurrently by (i) significant subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning administered in conformity with accepted professional practice that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social, and practical adaptive skills. "Intensity of service" means the number, type, and frequency of staff interventions and other services provided during treatment at a particular level of care. "Intensive in-home service" means family preservation interventions for children and adolescents who have or are at risk of serious emotional disturbance, including individuals who also have a diagnosis of developmental disability. Intensive in-home service is usually time-limited and is provided typically in the residence of an individual who is at risk of being moved to out-of-home placement or who is being transitioned back home from an out-of-home placement. The service includes 24-hour per day emergency response; crisis treatment; individual and family counseling; life, parenting, and communication skills; and case management and coordination with other services. "Intermediate care facility/individuals with intellectual disability" or "ICF/IID" means a facility or distinct part of a facility certified by the Virginia Department of Health as meeting the federal certification regulations for an intermediate care facility for individuals with intellectual disability and persons with related conditions and that addresses the total needs of the residents, which include physical, intellectual, social, emotional, and habilitation, providing active treatment as defined in 42 CFR 435.1010 and 42 CFR 483.440. "Investigation" means a detailed inquiry or systematic examination of the operations of a provider or its services regarding an alleged violation of regulations or law. An investigation may be undertaken as a result of a complaint, an incident report, or other information that comes to the attention of the department. "Licensed mental health professional" or "LMHP" means a physician, licensed clinical psychologist, licensed professional counselor, licensed clinical social worker, licensed substance abuse treatment practitioner, licensed marriage and family therapist, certified psychiatric clinical nurse specialist, licensed behavior analyst, or licensed psychiatric/mental health nurse practitioner. "Location" means a place where services are or could be provided. "Mandatory outpatient treatment order" means an order issued by a court pursuant to § 37.2-817 of the Code of Virginia. "Medical evaluation" means the process of assessing an individual's health status that includes a medical history and a physical examination of an individual conducted by a licensed medical practitioner operating within the scope of his license. "Medically managed intensive inpatient service" or "Level of care 4.0" means an organized service delivered in an inpatient setting, including an acute care general hospital, psychiatric unit in a general hospital, or a freestanding psychiatric hospital. This service is appropriate for individuals whose acute biomedical and emotional, behavioral, and cognitive problems are so severe that they require primary medical and nursing care. Services at this level of care are managed by a physician who is responsible for diagnosis, treatment, and treatment plan decisions in collaboration with the individual. "Medically monitored intensive inpatient treatment" or "Level of care 3.7" means a substance use treatment program that provides 24-hour care in a facility under the supervision of medical personnel. The care provided includes directed evaluation, observation, medical monitoring, and addiction treatment in an inpatient setting. The care provided may include the use of medication to address the effects of substance use. This service is appropriate for an individual whose subacute biomedical, emotional, behavioral, or cognitive problems are so severe that they require inpatient treatment but who does not need the full resources of an acute care general hospital or a medically managed intensive inpatient treatment program. "Medication" means prescribed or over-the-counter drugs or both. "Medication administration" means the legally permitted direct application of medications, as enumerated by § 54.1-3408 of the Code of Virginia, by injection, inhalation, ingestion, or any other means to an individual receiving services by (i) persons legally permitted to administer medications or (ii) the individual at the direction and in the presence of persons legally permitted to administer medications. "Medication-assisted treatment" or "MAT" means the use of U.S. Food and Drug Administration approved medications in combination with counseling and behavioral therapies to provide treatment of substance use disorders. Medication-assisted treatment includes medications for opioid use disorder as well as medications for treatment of alcohol use disorder. "Medication error" means an error in administering a medication to an individual and includes when any of the following occur: (i) the wrong medication is given to an individual, (ii) the wrong individual is given the medication, (iii) the wrong dosage is given to an individual, (iv) medication is given to an individual at the wrong time or not at all, or (v) the wrong method is used to give the medication to the individual. "Medication for opioid use disorder" or "MOUD" means medications, including opioid agonist medications, approved by the U.S. Food and Drug Administration for the use in the treatment of opioid use disorder. "Medication storage" means any area where medications are maintained by the provider, including a locked cabinet, locked room, or locked box. "Member" means an individual who participates in recovery and empowerment center services. "Mental Health Community Support Service" or "MCHSS" means the provision of recovery-oriented services to individuals with long-term, severe mental illness. MHCSS includes skills training and assistance in accessing and effectively utilizing services and supports that are essential to meeting the needs identified in the individualized services plan and development of environmental supports necessary to sustain active community living as independently as possible. MHCSS may be provided in any setting in which the individual's needs can be addressed, skills training applied, and recovery experienced. "Mental health intensive outpatient service" means a structured program of skilled treatment services focused on maintaining and improving functional abilities through a time-limited, interdisciplinary approach to treatment. This service is provided over a period of time for individuals requiring more intensive services than an outpatient service can provide and may include individual, family, or group counseling or psychotherapy; skill development and psychoeducational activities; certified peer support services; medication management; and psychological assessment or testing. "Mental health outpatient service" means treatment provided to individuals on an hourly schedule, on an individual, group, or family basis, and usually in a clinic or similar facility or in another location. Mental health outpatient services may include diagnosis and evaluation, screening and intake, counseling, psychotherapy, behavior management, psychological testing and assessment, laboratory, and other ancillary services, medical services, and medication services. Mental health outpatient service specifically includes: 1. Mental health services operated by a community services board or a behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; 2. Mental health services contracted by a community services board or a behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; or 3. Mental health services that are owned, operated, or controlled by a corporation organized pursuant to the provisions of either Chapter 9 (§ 13.1-601 et seq.) or Chapter 10 (§ 13.1-801 et seq.) of Title 13.1 of the Code of Virginia. "Mental health partial hospitalization service" means time-limited active treatment interventions that are more intensive than outpatient services, designed to stabilize and ameliorate acute symptoms and serve as an alternative to inpatient hospitalization or to reduce the length of a hospital stay. Partial hospitalization is provided through a minimum of 20 hours per week of skilled treatment services focused on individuals who require intensive, highly coordinated, structured, and interdisciplinary ambulatory treatment within a stable environment that is of greater intensity than intensive outpatient, but of lesser intensity than inpatient. "Mental illness" means, as defined by § 37.2-100 of the Code of Virginia, a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others. "Missing" means a circumstance in which an individual is not physically present when and where he should be and his absence cannot be accounted for or explained by his supervision needs or pattern of behavior. "Mobile crisis response" means a type of community-based crisis stabilization service that is available 24 hours per day, seven days per week, 365 days per year to provide rapid response, assessment, and early intervention to individuals experiencing a behavioral health crisis. Services are deployed in real time to the location of the individual experiencing a behavioral health crisis. The purpose of this service is to (i) de-escalate the behavioral health crisis and prevent harm to the individual or others; (ii) assist in the prevention of the individual's acute exacerbation of symptoms; (iii) develop an immediate plan to maintain safety; and (iv) coordinate care and linking to appropriate treatment services to meet the needs of the individual. "Mobile medication-assisted treatment program" or "mobile MAT program" means a MAT operating from a motor vehicle or conveyance that serves as a mobile component to a licensed MAT location registered with the U.S. Drug Enforcement Administration as required by 21 CFR 1301.11 et seq. "Motivational enhancement" means a person-centered approach that is collaborative, employs strategies to strengthen motivation for change, increases engagement in substance use services, resolves ambivalence about changing substance use behaviors, and supports individuals to set goals to change their substance use. "Neglect" means, as defined by § 37.2-100 of the Code of Virginia, the failure by a person or a program or facility operated, licensed, or funded by the department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. "Neurobehavioral services" means the assessment, evaluation, and treatment of cognitive, perceptual, behavioral, and other impairments caused by brain injury that affect an individual's ability to function successfully in the community. "Office of Human Rights" means the Department of Behavioral Health and Developmental Services Office of Human Rights. "Opioid treatment practitioner" means a health care professional who is appropriately licensed to prescribe or dispense medications in Virginia for opioid use disorders and, as a result, is authorized to practice within an opioid treatment program. "Person-centered" means focusing on the needs and preferences of the individual; empowering and supporting the individual in defining the direction for his life; and promoting self-determination, community involvement, and recovery. "Provider" means, as defined by § 37.2-403 of the Code of Virginia, any person, entity, or organization, excluding an agency of the federal government by whatever name or designation, that delivers (i) services to individuals with mental illness, developmental disabilities, or substance abuse (substance use disorders) or (ii) residential services for individuals with brain injury. The person, entity, or organization shall include a hospital as defined in § 32.1-123 of the Code of Virginia, community services board, behavioral health authority, private provider, and any other similar or related person, entity, or organization. It shall not include any individual practitioner who holds a license issued by a health regulatory board of the Department of Health Professions or who is exempt from licensing pursuant to §§ 54.1-2901, 54.1-3001, 54.1-3501, 54.1-3601, and 54.1-3701 of the Code of Virginia. "Psychosocial rehabilitation service" means a program of two or more consecutive hours per day provided to groups of adults in a nonresidential setting. Individuals must demonstrate a clinical need for the service arising from a condition due to mental, behavioral, or emotional illness that results in significant functional impairments in major life activities. This service provides education to teach the individual about mental illness, substance abuse, and appropriate medication to avoid complication and relapse and opportunities to learn and use independent skills and to enhance social and interpersonal skills within a consistent program structure and environment. Psychosocial rehabilitation includes skills training, peer support, vocational rehabilitation, and community resource development oriented toward empowerment, recovery, and competency. "Qualified developmental disability professional" or "QDDP" means a person who possesses at least one year of documented experience working directly with individuals who have a developmental disability and who possesses one of the following credentials: (i) a doctor of medicine or osteopathy licensed in Virginia, (ii) a registered nurse licensed in Virginia, (iii) a licensed occupational therapist, or (iv) completion of at least a bachelor's degree in a human services field, including sociology, social work, special education, rehabilitation counseling, or psychology. "Qualified mental health professional" or "QMHP" means the same as the term is defined in § 54.1-3500 of the Code of Virginia. "Qualified mental health professional-trainee" or "QMHP-T" means the same as the term is defined in § 54.1-3500 of the Code of Virginia. "Qualified paraprofessional in mental health" or "QPPMH" means a person who meets at least one of the following criteria: (i) is registered with the United States Psychiatric Association (USPRA) as an Associate Psychiatric Rehabilitation Provider (APRP); (ii) has an associate degree in a related field (social work, psychology, psychiatric rehabilitation, sociology, counseling, vocational rehabilitation, human services counseling) and at least one year of experience providing direct services to individuals with a diagnosis of mental illness; (iii) is licensed as an occupational therapy assistant, and supervised by a licensed occupational therapist, with at least one year of experience providing direct services to individuals with a diagnosis of mental illness; or (iv) has a minimum of 90 hours classroom training and 12 weeks of experience under the direct personal supervision of a QMHP providing services to individuals with mental illness and at least one year of experience, including the 12 weeks of supervised experience. "Quality improvement plan" means a detailed work plan developed by a provider that defines steps the provider will take to review the quality of services it provides and to manage initiatives to improve quality. A quality improvement plan consists of systematic and continuous actions that lead to measurable improvement in the services, supports, and health status of the individuals receiving services. "Recovery" means a journey of healing and transformation enabling an individual with a mental illness to live a meaningful life in a community of his choice while striving to achieve his full potential. For individuals with substance abuse (substance use disorders), recovery is an incremental process leading to positive social change and a full return to biological, psychological, and social functioning. For individuals with a developmental disability, the concept of recovery does not apply in the sense that individuals with a developmental disability will need supports throughout their entire lives although these may change over time. With supports, individuals with a developmental disability are capable of living lives that are fulfilling and satisfying and that bring meaning to themselves and others they know. "Recovery and empowerment center" means evidence-based practices that provide side-by-side engagement between members and staff in supporting restoration of skills in symptom management, interpersonal relationships, communication, problem solving, coping skills, and community integration for members living with mental illness. Each recovery and empowerment center provider shall allow members opportunities for skills development, improved wellness, and achieving person-centered goals identified in the individualized services plan. Interventions are designed to alleviate emotional or behavioral symptoms associated with a mental illness with the goal of reintegrating the member into the community and increasing social connectedness beyond a clinical setting. Recovery and empowerment centers emphasize long-term support and provide a supportive environment for members with serious mental illness to thrive in their recovery journeys, regardless of how long they are engaged in daily activities. "REACH crisis therapeutic home" or "REACH CTH" means a residential home with crisis stabilization REACH service for individuals with a developmental disability and who are experiencing a mental health or behavior crisis. "REACH mobile crisis response" means a REACH service that provides mobile crisis response for individuals with a developmental disability and who are experiencing a mental health or behavior crisis. "Referral" means the process of directing an applicant or an individual to a provider or service that is designed to provide the assistance needed. "Regional education assessment crisis services habilitation" or "REACH" means the statewide crisis system of care that is designed to meet the crisis support needs of individuals who have a developmental disability and are experiencing mental health or behavior crisis events that put the individuals at risk for homelessness, incarceration, hospitalization, or danger to self or others. "Residential" or "residential service" means providing 24-hour support in conjunction with care and treatment or a training program in a setting other than a hospital or training center. Residential services provide a range of living arrangements from highly structured and intensively supervised to relatively independent and requiring a modest amount of staff support and monitoring. Residential services include residential treatment, group homes, supervised living, community gero-psychiatric residential, ICF/IID, sponsored residential homes, withdrawal management, and neurobehavioral services. "Residential crisis stabilization service" means (i) providing short-term, intensive treatment to nonhospitalized individuals who require multidisciplinary treatment in order to stabilize acute psychiatric symptoms and prevent admission to a psychiatric inpatient unit; (ii) providing normative environments with a high assurance of safety and security for crisis intervention; and (iii) mobilizing the resources of the community support system, family members, and others for ongoing rehabilitation and recovery. "Residential treatment service" means providing an intensive and highly structured clinically based mental health, substance abuse, or neurobehavioral service for co-occurring disorders in a residential setting other than an inpatient service. "Respite care service" means providing for a short-term, time-limited period of care of an individual for the purpose of providing relief to the individual's family, guardian, or regular caregiver. Persons providing respite care are recruited, trained, and supervised by a licensed provider. These services may be provided in a variety of settings including residential, day support, in-home, or a sponsored residential home. "Restraint" means the use of a mechanical device, medication, physical intervention, or hands-on hold to prevent an individual receiving services from moving his body to engage in a behavior that places him or others at imminent risk. There are three kinds of restraints: 1. Mechanical restraint means the use of a mechanical device that cannot be removed by the individual to restrict the individual's freedom of movement or functioning of a limb or portion of an individual's body when that behavior places him or others at imminent risk. 2. Pharmacological restraint means the use of a medication that is administered involuntarily for the emergency control of an individual's behavior when that individual's behavior places him or others at imminent risk and the administered medication is not a standard treatment for the individual's medical or psychiatric condition. 3. Physical restraint, also referred to as manual hold, means the use of a physical intervention or hands-on hold to prevent an individual from moving his body when that individual's behavior places him or others at imminent risk. "Restraints for behavioral purposes" means using a physical hold, medication, or a mechanical device to control behavior or involuntarily restrict the freedom of movement of an individual in an instance when all of the following conditions are met: (i) there is an emergency; (ii) nonphysical interventions are not viable; and (iii) safety issues require an immediate response. "Restraints for medical purposes" means using a physical hold, medication, or mechanical device to limit the mobility of an individual for medical, diagnostic, or surgical purposes, such as routine dental care or radiological procedures and related post-procedure care processes, when use of the restraint is not the accepted clinical practice for treating the individual's condition. "Restraints for protective purposes" means using a mechanical device to compensate for a physical or cognitive deficit when the individual does not have the option to remove the device. The device may limit an individual's movement, for example, bed rails or a gerichair, and prevent possible harm to the individual or it may create a passive barrier, such as a helmet to protect the individual. "Restriction" means anything that limits or prevents an individual from freely exercising his rights and privileges. "Risk management" means an integrated system-wide program to ensure the safety of individuals, employees, visitors, and others through identification, mitigation, early detection, monitoring, evaluation, and control of risks. "Root cause analysis" means a method of problem solving designed to identify the underlying causes of a problem. The focus of a root cause analysis is on systems, processes, and outcomes that require change to reduce the risk of harm. "Screening" means the process or procedure for determining whether the individual meets the minimum criteria for initial assessment. "Seclusion" means the involuntary placement of an individual alone in an area secured by a door that is locked or held shut by a staff person, by physically blocking the door, or by any other physical means so that the individual cannot leave the area. "Serious incident" means any event or circumstance that causes or could cause harm to the health, safety, or well-being of an individual. The term "serious incident" includes death and serious injury. "Level I serious incident" means a serious incident that occurs or originates during the provision of a service or on the premises of the provider and does not meet the definition of a Level II or Level III serious incident. Level I serious incidents do not result in significant harm to individuals but may include events that result in minor injuries that do not require medical attention or events that have the potential to cause serious injury, even when no injury occurs. "Level II serious incident" means a serious incident that occurs or originates during the provision of a service or on the premises of the provider that results in a significant harm or threat to the health and safety of an individual that does not meet the definition of a Level III serious incident. "Level II serious incident" includes a significant harm or threat to the health or safety of others caused by an individual. Level II serious incidents include: 1. A serious injury; 2. An individual who is or was missing; 3. An emergency room visit; 4. An unplanned psychiatric or unplanned medical hospital admission of an individual receiving services other than licensed emergency services, except that a psychiatric admission in accordance with an individual's wellness plan shall not constitute an unplanned admission for the purposes of this chapter; 5. Choking incidents that require direct physical intervention by another person; 6. Ingestion of any hazardous material; or 7. A diagnosis of: a. A decubitus ulcer or an increase in severity of level of previously diagnosed decubitus ulcer; b. A bowel obstruction; or c. Aspiration pneumonia. "Level III serious incident" means a serious incident, whether or not the incident occurs while in the provision of a service or on the provider's premises, that results in:
2. A sexual assault of an individual; or
3. A suicide attempt by an individual admitted for services, other than licensed emergency services, that results in a hospital admission. "Serious injury" means any injury resulting in bodily hurt, damage, harm, or loss that requires medical attention by a licensed physician, doctor of osteopathic medicine, physician assistant, or nurse practitioner. "Service" means, as defined by § 37.2-403 of the Code of Virginia, (i) planned individualized interventions intended to reduce or ameliorate mental illness, developmental disabilities, or substance abuse (substance use disorders) through care, treatment, training, habilitation, or other supports that are delivered by a provider to individuals with mental illness, developmental disabilities, or substance abuse (substance use disorders). Services include outpatient services, intensive in-home services, medication for opioid use disorder treatment services, inpatient psychiatric hospitalization, community gero-psychiatric residential services, assertive community treatment and other clinical services; day support, day treatment, partial hospitalization, psychosocial rehabilitation, and habilitation services; case management services; and supportive residential, special school, halfway house, in-home services, crisis stabilization, and other residential services; and (ii) planned individualized interventions intended to reduce or ameliorate the effects of brain injury through care, treatment, or other supports provided in residential services for persons with brain injury. "Shall" means an obligation to act is imposed. "Shall not" means an obligation not to act is imposed. "Signed" or "signature" means a handwritten signature, an electronic signature, or a digital signature, as long as the signer showed clear intent to sign. "Skills training" means systematic skill building through curriculum-based psychoeducational and cognitive-behavioral interventions. These interventions break down complex objectives for role performance into simpler components, including basic cognitive skills such as attention, to facilitate learning and competency. "Sponsored residential home" means a service where providers arrange for, supervise, and provide programmatic, financial, and service support to families or persons (sponsors) providing care or treatment in their own homes for individuals receiving services. "State opioid treatment authority" or "SOTA" means the Virginia Department of Behavioral Health and Developmental Services, which is authorized by the federal Center for Substance Abuse Treatment to exercise the responsibility and authority for governing the treatment of opioid use disorder with MOUD. "Substance abuse (substance use disorders)" means, as defined by § 37.2-100 of the Code of Virginia, the use of drugs enumerated in the Virginia Drug Control Act (§ 54.1-3400 et seq.) without a compelling medical reason or alcohol that (i) results in psychological or physiological dependence or danger to self or others as a function of continued and compulsive use or (ii) results in mental, emotional, or physical impairment that causes socially dysfunctional or socially disordering behavior; and (iii), because of such substance abuse, requires care and treatment for the health of the individual. This care and treatment may include counseling, rehabilitation, or medical or psychiatric care. "Substance abuse intensive outpatient service" or "Level of care 2.1" means structured treatment provided to individuals who require more intensive services than is normally provided in an outpatient service but do not require inpatient services. Treatment consists primarily of counseling and education about addiction-related and mental health challenges delivered a minimum of nine to 19 hours of services per week for adults or six to 19 hours of services per week for children and adolescents. Within this level of care an individual's needs for psychiatric and medical services are generally addressed through consultation and referrals. "Substance abuse outpatient service" or "Level of care 1.0" means a center-based substance abuse treatment delivered to individuals for fewer than nine hours of service per week for adults or fewer than six hours per week for adolescents on an individual, group, or family basis. Substance abuse outpatient services may include diagnosis and evaluation, screening and intake, counseling, psychotherapy, behavior management, psychological testing and assessment, laboratory and other ancillary services, medical services, and medication services. Substance abuse outpatient service includes substance abuse services or an office practice that provides professionally directed aftercare, individual, and other addiction services to individuals according to a predetermined regular schedule of fewer than nine contact hours a week. Substance abuse outpatient service also includes: 1. Substance abuse services operated by a community services board or a behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; 2. Substance abuse services contracted by a community services board or a behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; or 3. Substance abuse services that are owned, operated, or controlled by a corporation organized pursuant to the provisions of either Chapter 9 (§ 13.1-601 et seq.) or Chapter 10 (§ 13.1-801 et seq.) of Title 13.1 of the Code of Virginia. "Substance abuse partial hospitalization services" or "Level of care 2.5" means a short-term, nonresidential substance use treatment program provided for a minimum of 20 hours a week that uses multidisciplinary staff and is provided for individuals who require a more intensive treatment experience than intensive outpatient treatment but who do not require residential treatment. This level of care is designed to offer highly structured intensive treatment to those individuals whose condition is sufficiently stable so as not to require 24-hour-per-day monitoring and care, but whose illness has progressed so as to require consistent near-daily treatment intervention. "Suicide attempt" means a nonfatal, self-directed, potentially injurious behavior with an intent to die as a result of the behavior regardless of whether it results in injury. "Supervised living residential service" means the provision of significant direct supervision and community support services to individuals living in apartments or other residential settings. These services differ from supportive in-home service because the provider assumes responsibility for management of the physical environment of the residence, and staff supervision and monitoring are daily and available on a 24-hour basis. Services are provided based on the needs of the individual in areas such as food preparation, housekeeping, medication administration, personal hygiene, treatment, counseling, and budgeting. "Supportive in-home service" (formerly supportive residential) means the provision of community support services and other structured services to assist individuals, to strengthen individual skills, and that provide environmental supports necessary to attain and sustain independent community residential living. Services include drop-in or friendly-visitor support and counseling to more intensive support, monitoring, training, in-home support, respite care, and family support services. Services are based on the needs of the individual and include training and assistance. These services normally do not involve overnight care by the provider; however, due to the flexible nature of these services, overnight care may be provided on an occasional basis. "Systemic deficiency" means violations of regulations documented by the department that demonstrate multiple or repeat defects in the operation of one or more services. "Telehealth" shall have the same meaning as "telehealth services" in § 32.1-122.03:1 of the Code of Virginia. “Telemedicine" shall have the same meaning as "telemedicine services" in § 38.2-3418.16 of the Code of Virginia. "Therapeutic day treatment for children and adolescents" means a treatment program that serves (i) children and adolescents from birth through 17 years of age and under certain circumstances up to 21 years of age with serious emotional disturbances, substance use, or co-occurring disorders or (ii) children from birth through seven years of age who are at risk of serious emotional disturbance, in order to combine psychotherapeutic interventions with education and mental health or substance abuse treatment. Services include: evaluation; medication education and management; opportunities to learn and use daily living skills and to enhance social and interpersonal skills; and individual, group, and family counseling. "Time out" means the involuntary removal of an individual by a staff person from a source of reinforcement to a different, open location for a specified period of time or until the problem behavior has subsided to discontinue or reduce the frequency of problematic behavior. "Volunteer" means a person who, without financial remuneration, provides services to individuals on behalf of the provider. "Work-ordered day" means the structure of day-to-day activity within recovery and empowerment center services. A work-ordered day means that members collaborate with staff as colleagues to perform critical tasks for the recovery and empowerment center community. Members and staff share responsibility for running every aspect of the recovery and empowerment center environment, such as filing, maintenance, and participation in consensus-based decision-making regarding all important matters related to the recovery and empowerment center operations. "Withdrawal management" means the dispensing of MOUD in decreasing doses to an individual to alleviate adverse physical effects incident to withdrawal from the continuous or sustained use of an opioid and as a method of bringing the individual to an opioid-free state within such a period. Long-term withdrawal management refers to the process of medication tapering that exceeds 30 days. "Written," "writing," and "in writing" include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42.1 (§ 59.1-479 et seq.) of Title 59.1 of the Code of Virginia is or is not affixed. 12VAC35-105-30. Licenses. A. Licenses are issued to providers who offer services to individuals who have mental illness, a developmental disability, or substance abuse (substance use disorders) or have brain injury and are receiving residential services. B. Providers shall be licensed to provide specific services as defined in this chapter or as determined by the commissioner. These services include: 1. Assertive community treatment (ACT); 2. Case management; 3. Clinically managed high-intensity residential care or Level of care 3.5; 4. Clinically managed low-intensity residential care or Level of care 3.1; 5. Clinically managed population specific high-intensity residential or Level of care 3.3; 6. Community gero-psychiatric residential; 7. Community-based crisis stabilization; 8. Crisis receiving center; 9. Crisis stabilization unit; 10. Day support; 11. Day treatment, including therapeutic day treatment for children and adolescents; 12. Group home and community residential; 13. ICF/IID; 14. Inpatient psychiatric; 15. Intensive in-home; 16. Medically managed intensive inpatient service or Level of care 4.0; 17. Medically monitored intensive inpatient treatment or Level of care 3.7; 18. Medication for opioid use disorder treatment; 19. Mental health community support; 20. Mental health intensive outpatient; 21. Mental health outpatient; 22. Mental health partial hospitalization; 23. Psychosocial rehabilitation; 24. REACH CTH; 25. REACH mobile crisis response; 26. Recovery and empowerment center; 27. Residential treatment; 27. 28. Respite care; 28. 29. Sponsored residential home; 29. 30. Substance abuse intensive outpatient; 30. 31. Substance abuse outpatient; 31. 32. Substance abuse partial hospitalization; 32. 33. Supervised living residential; and 33. 34. Supportive in-home. C. A license addendum shall describe the services licensed, the disabilities of individuals who may be served, the specific locations where services are to be provided or administered, and the terms and conditions for each service offered by a licensed provider. For residential and inpatient services, the license identifies the number of individuals each residential location may serve at a given time. Article 8 Recovery and Empowerment Center 12VAC35-105-1412. Admission criteria. Before a recovery and empowerment center provider may admit a member to the service, the member shall meet the criteria for admission as defined by this chapter and the provider's policies. The policy regarding admission to a recovery and empowerment center shall, at a minimum, meet the requirements of 12VAC35-105-650 and the assessment by that section shall: 1. Be completed face-to-face by an LMHP, LMHP-R, LMHP-S, or LMHP-RP no more than 12 months prior to admission. Assessments completed by an LMHP-R, LMHP-S, or LMHP-RP require a co-signature by an LMHP. Assessments completed more than 30 days prior to admission shall be reviewed and confirmed for accuracy by an LMHP prior to admission. 2. Document a DSM diagnosis that is consistent with a serious mental illness. 3. Document that the member does not pose a significant and current threat to the general safety of the recovery and empowerment center community. 12VAC35-105-1414. Discharge criteria. Before a recovery and empowerment center provider may discharge a member, the member shall meet the criteria for discharge as defined by this chapter and the provider's policies, which shall meet all the requirements of 12VAC35-105-693. The provider's policy regarding discharge shall require the member to meet one of the following requirements: 1. The member no longer meets admission criteria. 2. The member has successfully met the specific goals outlined in the treatment plan for discharge. 3. The member requires a more intensive level of care or service. 4. The member is no longer engaged in the service, despite multiple attempts on the part of the provider to engage the member. 5. The member no longer needs the service. 6. The member chooses to discharge. 12VAC35-105-1415. Service delivery. A recovery and empowerment center shall meet the following programmatic requirements:
1. General. The recovery and empowerment center shall be member-run with voluntary participation.
a. Reassessments shall be performed annually until discharge. b. Service planning shall be conducted in collaboration with the member by an LMHP, LMHP-R, LMHP-S, LMHP-RP, QMHP, or QMHP-T. c. The program shall create and implement an outreach policy to contact members who are not attending. 2. Crisis support. Crisis support shall include the development of a crisis mitigation plan and connecting the member to other behavioral health services. a. Crisis support shall be available in person during recovery and empowerment center hours of operation. b. At least one staff person qualified to provide crisis support shall be available in person during all program hours to respond to on-site member crises without delay. 3. Work-ordered day. The recovery and empowerment center shall be open, at a minimum, five days a week for five hours each day and shall offer a schedule of structured activities. a. The provider shall establish a policy governing how the recovery and empowerment center will offer and support a work-ordered day. The policy shall specify the work units and associated activities the provider will offer to carry out the work of the recovery and empowerment center, which may include administration, governance, programming, physical site maintenance, food service, human resources, and center development. b. Work shall be generated exclusively by the recovery and empowerment center. Work for outside individuals and agencies shall not be permitted except through the offered employment programs. c. Members shall not be paid for recovery and empowerment center work. There shall not be artificial reward systems for Recovery and Empowerment Center work. d. The recovery and empowerment center shall be organized into one or more work units. Unit meetings shall be held to organize and plan the work of the day. 4. Transitional employment. The recovery and empowerment center provider shall offer a transitional employment program to provide opportunities for members to experience job placements in the labor market. a. The recovery and empowerment center shall not provide employment to members through in-house businesses, segregated recovery and empowerment center enterprises, or sheltered workshops. b. The recovery and empowerment center shall establish a policy documenting how the provider will encourage and support attendance, address member absences, and ensure coverage of all placements. c. Placement opportunities shall continue to be available regardless of the level of success in previous placements. d. There shall be no transitional employment placements within the recovery and empowerment center. Members shall attend and participate at the employer's place of business. e. Members shall be paid the prevailing wage rate, but at least minimum wage, directly by the employer. 5. Supported and independent employment. The recovery and empowerment center provider shall offer a supported employment program. a. Within the supported employment program, staff shall maintain and document a relationship with the member and the member's employer. b. Members and staff shall work in partnership to determine and document the type, frequency, and location of desired supports. 6. Supportive education. The recovery and empowerment center provider shall establish a policy regarding supportive education. The policy shall: a. Document how the provider will support members in taking advantage of educational opportunities in the community; and b. State whether the provider will offer an in-house education program. If the provider does provide an in-house education program, the policy must describe how the program will utilize the teaching and tutoring skills of the recovery and empowerment center's members. 7. Rehabilitative skill building. Rehabilitative skill building shall be provided in person by an LMHP, LMHP-R, LMHP-RP, LMHP-S, QMHP, QMHP-T, BHT, or registered peer recovery specialist (RPRS). Rehabilitative skill building will assist members with learning the skills necessary to seek and obtain employment, pursue the member's educational goals, find housing opportunities, and reintegrate into the community. 8. Care coordination. Care coordination shall be provided by an LMHP, LMHP-R, LMHP-RP, LMHP-S, QMHP, QMHP-T, or RPRS. 12VAC35-105-1417. Staffing requirements. A recovery and empowerment center provider shall meet the following minimum position requirements: 1. A full-time program director who is an LMHP, LMHP-R, LMHP-S, or LMHP-RP, or QMHP. The program director shall complete Clubhouse International training or a substantially equivalent program approved by the department in evidence-based practices that support high-fidelity psychosocial rehabilitation services. 2. Additional staff as appropriate to meet the needs of individuals served. Additional staff may include an LMHP, LMHP-R, LMHP-RP, LMHP-S, QMHP, QMHP-T, registered peer recovery specialist, or behavioral health technician. 3. The recovery and empowerment center program director, staff, members, and other appropriate persons shall participate in a recovery and empowerment center training program. 12VAC35-105-1419. Physical environment. A. The recovery and empowerment center shall have its own physical space. The recovery and empowerment center space shall be separate and distinct from all other provider services. B. The recovery and empowerment center shall have an administrative office which houses personnel and member records. Due to confidentiality requirements the administrative office shall only be accessible to staff.
C. Every other area of the recovery and empowerment center shall be accessible to all members and staff.
D. The recovery and empowerment center shall have spaces which can provide privacy when needed.VA.R. Doc. No. R26-8525; Filed September 17, 2026TITLE 12. HEALTHDEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICESEmergencyTITLE 12. HEALTH STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES Emergency Regulation Title of Regulation: 12VAC35-105. Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (amending 12VAC35-105-20, 12VAC35-105-30; adding 12VAC35-105-1426 through 12VAC35-105-1429). Statutory Authority: §§ 37.2-203 and 37.2-400 of the Code of Virginia. Effective Dates: September 28, 2026, through March 27, 2028. Agency Contact: Susan Puglisi, Regulatory Research Specialist, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, Fourth Floor, Richmond, VA 23219, telephone (804) 975-0538, fax (804) 371-6638, TDD (804) 371-8977, or email susan.puglisi@dbhds.virginia.gov. Preamble: Section 2.2-4011 B of the Code of Virginia states that agencies may adopt emergency regulations in situations in which Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment, and the regulation is not exempt under the provisions of § 2.2-4006 A 4 of the Code of Virginia. Item 297 of Chapter 1 of the 2026 Acts of Assembly, Special Session I, directs the Department of Behavioral Health and Developmental Services to align licensing regulations with the modifications being made to Medicaid behavioral health services. The amendments to Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-105) conform the regulation to changes made by the Department of Medical Assistance Services replacing legacy services with the following updated suites of services: Community Psychiatric Support and Treatment, Coordinated Specialty Care (CSC), and Mental Health Clubhouse Services. This regulatory action establishes (i) definitions necessary for the integration of CSC into the licensing regulations; (ii) admission criteria; (iii) discharge criteria; (iv) minimum service delivery requirements; and (v) minimum requirements for treatment teams and staffing for the newly licensed service of CSC. 12VAC35-105-20. Definitions. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Abuse" means, as defined by § 37.2-100 of the Code of Virginia, any act or failure to act by an employee or other person responsible for the care of an individual in a facility or program operated, licensed, or funded by the department, excluding those operated by the Virginia Department of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. Examples of abuse include acts such as: 1. Rape, sexual assault, or other criminal sexual behavior; 2. Assault or battery; 3. Use of language that demeans, threatens, intimidates, or humiliates the individual; 4. Misuse or misappropriation of the individual's assets, goods, or property; 5. Use of excessive force when placing an individual in physical or mechanical restraint; 6. Use of physical or mechanical restraints on an individual that is not in compliance with federal and state laws, regulations, and policies, professional accepted standards of practice, or the individual's individualized services plan; or 7. Use of more restrictive or intensive services or denial of services to punish an individual or that is not consistent with the individual's individualized services plan. "Activities of daily living" or "ADLs" means personal care activities and includes bathing, dressing, transferring, toileting, grooming, hygiene, feeding, and eating. An individual's degree of independence in performing these activities is part of determining the appropriate level of care and services. "Addiction" means a primary, chronic disease of brain reward, motivation, memory, and related circuitry. Addiction is defined as the inability to consistently abstain, impairment in behavioral control, persistence of cravings, diminished recognition of significant problems with one's behaviors and interpersonal relationships, and a dysfunctional emotional response. Like other chronic diseases, addiction often involves cycles of relapse and remission. Without treatment or engagement in recovery activities, addiction is progressive and can result in disability or premature death. "Admission" means the process of acceptance into a service as defined by the provider's policies. "Allied health professional" means a professional who is involved with the delivery of health or related services pertaining to the identification, evaluation, and prevention of diseases and disorders, such as a certified substance abuse counselor, certified substance abuse counseling assistant, peer recovery support specialist, certified nurse aide, or occupational therapist. "ASAM" means the American Society of Addiction Medicine. "Assertive community treatment service" or "ACT" means a self-contained interdisciplinary community-based team of medical, behavioral health, and rehabilitation professionals who use a team approach to meet the needs of an individual with severe and persistent mental illness. ACT teams: 1. Provide person-centered services addressing the breadth of an individual's needs, helping the individual achieve his personal goals; 2. Serve as the primary provider of all the services that an individual receiving ACT services needs; 3. Maintain a high frequency and intensity of community-based contacts; 4. Maintain a very low individual-to-staff ratio; 5. Offer varying levels of care for all individuals receiving ACT services and appropriately adjust service levels according to each individual's needs over time; 6. Assist individuals in advancing toward personal goals with a focus on enhancing community integration and regaining valued roles, such as worker, family member, resident, spouse, tenant, or friend; 7. Carry out planned assertive engagement techniques, including rapport-building strategies, facilitating meeting basic needs, and motivational interviewing techniques; 8. Monitor the individual's mental status and provide needed supports in a manner consistent with the individual's level of need and functioning; 9. Deliver all services according to a recovery-based philosophy of care; and 10. Promote self-determination, respect for the individual receiving ACT as an individual in such individual's own right, and engage peers in promoting recovery and regaining meaningful roles and relationships in the community. "Authorized representative" means a person permitted by law or 12VAC35-115 to authorize the disclosure of information or consent to treatment and services or participation in human research. "Behavior intervention" means those principles and methods employed by a provider to help an individual receiving services to achieve a positive outcome and to address challenging behavior in a constructive and safe manner. Behavior intervention principles and methods shall be employed in accordance with the individualized services plan and written policies and procedures governing service expectations, treatment goals, safety, and security. "Behavioral treatment plan," "functional plan," or "behavioral support plan" means any set of documented procedures that are an integral part of the individualized services plan and are developed on the basis of a systematic data collection, such as a functional assessment, for the purpose of assisting individuals to achieve the following: 1. Improved behavioral functioning and effectiveness; 2. Alleviation of symptoms of psychopathology; or 3. Reduction of challenging behaviors. "Board" or "state board" means, as defined by § 37.2-100 of the Code of Virginia, the State Board of Behavioral Health and Developmental Services. The board has statutory responsibility for adopting regulations that may be necessary to carry out the provisions of Title 37.2 of the Code of Virginia and other laws of the Commonwealth administered by the commissioner or the department. "Brain injury" means any injury to the brain that occurs after birth that is acquired through traumatic or nontraumatic insults. Nontraumatic insults may include anoxia, hypoxia, aneurysm, toxic exposure, encephalopathy, surgical interventions, tumor, and stroke. Brain injury does not include hereditary, congenital, or degenerative brain disorders or injuries induced by birth trauma. "Care," "treatment," or "support" means the individually planned therapeutic interventions that conform to current acceptable professional practice and that are intended to improve or maintain functioning of an individual receiving services delivered by a provider. "Case management service" or "support coordination service" means services that can include assistance to individuals and their family members in accessing needed services that are responsive to the individual's needs. Case management services include identifying potential users of the service; assessing needs and planning services; linking the individual to services and supports; assisting the individual directly to locate, develop, or obtain needed services and resources; coordinating services with other providers; enhancing community integration; making collateral contacts; monitoring service delivery; discharge planning; and advocating for individuals in response to their changing needs. "Case management service" does not include assistance in which the only function is maintaining service waiting lists or periodically contacting or tracking individuals to determine potential service needs. "Clinical experience" means providing direct services to individuals with mental illness or the provision of direct geriatric services or special education services. Experience may include supervised internships, practicums, and field experience. "Clinically managed high-intensity residential care" or "Level of care 3.5" means a substance use treatment program that offers 24-hour supportive treatment of individuals with significant psychological and social problems by credentialed addiction treatment professionals in an interdisciplinary treatment approach. A clinically managed high-intensity residential care program provides treatment to individuals who present with significant challenges, such as physical, sexual, or emotional trauma; past criminal or antisocial behaviors, with a risk of continued criminal behavior; an extensive history of treatment; inadequate anger management skills; extreme impulsivity; and antisocial value system. "Clinically managed low-intensity residential care" or "Level of care 3.1" means providing an ongoing therapeutic environment for individuals requiring some structured support in which treatment is directed toward applying recovery skills; preventing relapse; improving emotional functioning; promoting personal responsibility; reintegrating the individual into work, education, and family environments; and strengthening and developing adaptive skills that may not have been achieved or have been diminished during the individual's active addiction. A clinically managed low-intensity residential care program also provides treatment for individuals suffering from chronic, long-term alcoholism or drug addiction and affords an extended period of time to establish sound recovery and a solid support system. "Clinically managed population specific high-intensity residential services" or "Level of care 3.3" means a substance use treatment program that provides a structured recovery environment in combination with high-intensity clinical services provided in a manner to meet the functional limitations of individuals. The functional limitations of individuals who are placed within this level of care are primarily cognitive and can be either temporary or permanent. "Collaborative behavioral health services" means the same as the term is defined in § 54.1-3500 of the Code of Virginia. "Commissioner" means the Commissioner of the Department of Behavioral Health and Developmental Services. "Community-based crisis stabilization" means services that are short term and designed to support an individual and the individual's natural support system following contact with an initial crisis response service or as a diversion to a higher level of care. Providers deliver community-based crisis stabilization services in an individual's natural environment and provide referrals and linkage to other community-based services at the appropriate level of care. Interventions may include mobile crisis response, brief therapeutic and skill-building interventions, engagement of natural supports, interventions to integrate natural supports in the de-escalation and stabilization of the crisis, and coordination of follow-up services. Coordination of specialized services to address the needs of co-occurring developmental disabilities and substance use disorders are also available through this service. Services include advocacy and networking to provide linkages and referrals to appropriate community-based services and assist the individual and the individual's family or caregiver in accessing other benefits or assistance programs for which the individual may be eligible. Community-based crisis stabilization is a non-center, community-based service. The goal of community-based crisis stabilization services is to stabilize the individual within the community and support the individual or the individual's support system (i) as part of an initial mobile crisis response; (ii) during the period between an initial mobile crisis response and entry into an established follow-up service at the appropriate level of care; (iii) as a transitional step-down from a higher level of care if the next level of care service is identified but not immediately available for access; or (iv) as a diversion to a higher level of care. "Community gero-psychiatric residential services" means 24-hour care provided to individuals with mental illness, behavioral problems, and concomitant health problems who are usually 65 years of age or older in a geriatric setting that is less intensive than a psychiatric hospital but more intensive than a nursing home or group home. Services include assessment and individualized services planning by an interdisciplinary services team, intense supervision, psychiatric care, behavioral treatment planning and behavior interventions, nursing, and other health-related services. "Complaint" means an allegation of a violation of this chapter or a provider's policies and procedures related to this chapter. "Conveyance" means a motor vehicle that serves as the mobile component of a mobile MAT program. "Co-occurring disorders" means the presence of more than one and often several of the following disorders that are identified independently of one another and are not simply a cluster of symptoms resulting from a single disorder: mental illness, a developmental disability, substance abuse (substance use disorders), or brain injury. "Co-occurring services" means individually planned therapeutic treatment that addresses in an integrated concurrent manner the service needs of individuals who have co-occurring disorders. "Coordinated specialty care" or "CSC" means an evidence-based treatment approach that supports the recovery of adolescents and young adults experiencing an initial onset of psychosis. CSC provides coordinated, targeted treatment in the early stages of mental illness through integrated medical, psychological, and rehabilitative interventions. "Corrective action plan" means the provider's pledged corrective action in response to cited areas of noncompliance documented by the regulatory authority. "Correctional facility" means a facility operated under the management and control of the Virginia Department of Corrections. "Credentialed addiction treatment professional" means a person who possesses one of the following credentials issued by the appropriate health regulatory board: (i) an addiction-credentialed physician or physician with experience or training in addiction medicine; (ii) a licensed nurse practitioner or a licensed physician assistant with experience or training in addiction medicine; (iii) a licensed psychiatrist; (iv) a licensed clinical psychologist; (v) a licensed clinical social worker; (vi) a licensed professional counselor; (vii) a licensed nurse practitioner with experience or training in psychiatry or mental health; (viii) a licensed marriage and family therapist; (ix) a licensed substance abuse treatment practitioner; (x) a resident who is under the supervision of a licensed professional counselor (18VAC115-20-10), licensed marriage and family therapist (18VAC115-50-10), or licensed substance abuse treatment practitioner (18VAC115-60-10) and is registered with the Virginia Board of Counseling; (xi) a resident in psychology who is under supervision of a licensed clinical psychologist and is registered with the Virginia Board of Psychology (18VAC125-20-10); or (xii) a supervisee in social work who is under the supervision of a licensed clinical social worker and is registered with the Virginia Board of Social Work (18VAC140-20-10); or (xiii) a licensed psychological practitioner working under supervision of a licensed clinical psychologist in accordance with 18VAC125-20-58 and 18VAC125-20-59. "Crisis" means a deteriorating or unstable situation often developing suddenly or rapidly that produces acute, heightened, emotional, mental, physical, medical, or behavioral distress. "Crisis education and prevention plan" or "CEPP" means a department-approved, individualized, client-specific document that provides a concise, clear, and realistic set of supportive interventions to prevent or de-escalate a crisis and assist an individual who may be experiencing a behavioral loss of control. The goal of the CEPP is to identify problems that have arisen in the past or are emergent in order to map out strategies that offer tools for the natural support system to assist the individual in addressing and de-escalating problems in a healthy way and provide teaching skills that the individual can apply independently. "Crisis planning team" means the team who is consulted to plan the individual's safety plan or crisis ISP. The crisis planning team consists, at a minimum, of the individual receiving services, the individual's legal guardian or authorized representative, and a member of the provider's crisis staff. The crisis planning team may include the individual's support coordinator, case manager, the individual's family, or other identified persons, as desired by the individual, such as the individual's family of choice. "Crisis receiving center," "CRC," or "23-hour crisis stabilization" means a community-based, nonhospital facility providing short-term assessment, observation, and crisis stabilization services for up to 23 hours. This service is accessible 24 hours per day, seven days per week, 365 days per year, and is indicated when an individual requires a safe environment for initial assessment and intervention. This service includes a thorough assessment of an individual's behavioral health crisis, psychosocial needs, and supports in order to determine the least restrictive environment most appropriate for stabilization. Key service functions include rapid assessment, crisis intervention, de-escalation, short-term stabilization, and appropriate referrals for ongoing care. This distinct service may be co-located with other services such as crisis stabilization units. "Crisis stabilization" means direct, intensive nonresidential or residential care and treatment to nonhospitalized individuals experiencing an acute crisis that may jeopardize their current community living situation. Crisis stabilization is intended to avert hospitalization or rehospitalization; provide normative environments with a high assurance of safety and security for crisis intervention; stabilize individuals in crisis; and mobilize the resources of the community support system, family members, and others for ongoing rehabilitation and recovery. "Crisis stabilization unit," "CSU," or "residential crisis stabilization unit" is a community-based, short-term residential treatment unit. CSUs serve as primary alternatives to inpatient hospitalization for individuals who are in need of a safe, secure environment for assessment and crisis treatment. CSUs also serve as a step-down option from psychiatric inpatient hospitalization and function to stabilize and reintegrate individuals who meet medical necessity criteria back into their communities. "CSC rehabilitation skill building" means facilitating wellness and autonomy through the restoration of skills, as set forth in the plan of care, in symptom management, interpersonal relationships, communication, problem solving, coping skills, and community integration. "Day support service" means structured programs of training, assistance, and specialized supervision in the acquisition, retention, or improvement of self-help, socialization, and adaptive skills for adults with a developmental disability provided to groups or individuals in nonresidential community-based settings. Day support services may provide opportunities for peer interaction and community integration and are designed to enhance the following: self-care and hygiene, eating, toileting, task learning, community resource utilization, environmental and behavioral skills, social skills, medication management, prevocational skills, and transportation skills. The term "day support service" does not include services in which the primary function is to provide employment-related services, general educational services, or general recreational services. "Department" means the Virginia Department of Behavioral Health and Developmental Services. "Designated employee" means a provider's named employee or contractor who is at least 18 years of age and who has met the appropriate prerequisites as specified in 12VAC35-105. "Developmental disability" means a severe, chronic disability of an individual that (i) is attributable to a mental or physical impairment or a combination of mental and physical impairments other than a sole diagnosis of mental illness; (ii) is manifested before the individual reaches 22 years of age; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and (v) reflects the individual's need for a combination and sequence of special interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. An individual from birth to nine years of age, inclusive, who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability without meeting three or more of the criteria described in clauses (i) through (v) if the individual without services and supports has a high probability of meeting those criteria later in life. "Developmental services" means planned, individualized, and person-centered services and supports provided to individuals with developmental disabilities for the purpose of enabling these individuals to increase their self-determination and independence, obtain employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible. "Diagnostic and Statistical Manual of Mental Disorders" or "DSM" means the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition, DSM-5, of the American Psychiatric Association. "Direct care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an individual receiving services or (ii) immediately supervising a person in a position with this responsibility. "Discharge" means the process by which the individual's active involvement with a service is terminated by the provider, individual, or individual's authorized representative. "Discharge plan" means the written plan that establishes the criteria for an individual's discharge from a service and identifies and coordinates delivery of any services needed after discharge. "Dispense" means to deliver a drug to an ultimate user by or pursuant to the lawful order of a practitioner, including the prescribing and administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery (§ 54.1-3400 et seq. of the Code of Virginia). "Emergency service" means unscheduled and sometimes scheduled crisis intervention, stabilization, and referral assistance provided over the telephone or face-to-face, if indicated, available 24 hours a day and seven days per week. Emergency services also may include walk-ins, home visits, jail interventions, and preadmission screening activities associated with the judicial process. "Group home or community residential service" means a congregate service providing 24-hour supervision in a community-based home having eight or fewer residents. Services include supervision, supports, counseling, and training in activities of daily living for individuals whose individualized services plan identifies the need for the specific types of services available in this setting. "HCBS Waiver" means a Medicaid Home and Community Based Services Waiver. "Health literacy support" means both (i) medication administration by a licensed professional working within the scope of their practice and (ii) support regarding mental health and associated health risks, monitoring for adverse side effects or results of that medication, support regarding the role of prescription medications and their effects, including side effects, and the importance of compliance and adherence. Services are provided with family or caregivers when the services are for the direct benefit of the individual. "Home and noncenter based" means that a service is provided in the individual's home or other noncenter-based setting. This includes noncenter-based day support, supportive in-home, and intensive in-home services. "Individual" or "individual receiving services" means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms "consumer," "patient," "resident," "recipient," or "client". When the term is used in this chapter, the requirement applies to every individual receiving licensed services from the provider. "Individualized services plan" or "ISP" means a comprehensive and regularly updated written plan that describes the individual's needs, the measurable goals and objectives to address those needs, and strategies to reach the individual's goals. An ISP is person-centered, empowers the individual, and is designed to meet the needs and preferences of the individual. The ISP is developed through a partnership between the individual and the provider and includes an individual's treatment plan, habilitation plan, person-centered plan, or plan of care, which are all considered individualized service plans. "Informed choice" means a decision made after considering options based on adequate and accurate information and knowledge. These options are developed through collaboration with the individual and the individual's authorized representative, as applicable, and the provider with the intent of empowering the individual and the individual's authorized representative to make decisions that will lead to positive service outcomes. "Informed consent" means the voluntary written agreement of an individual or that individual's authorized representative to surgery, electroconvulsive treatment, use of psychotropic medications, or any other treatment or service that poses a risk of harm greater than that ordinarily encountered in daily life or for participation in human research. To be voluntary, informed consent must be given freely and without undue inducement; any element of force, fraud, deceit, or duress; or any form of constraint or coercion. "Initial assessment" means an assessment conducted prior to or at admission to determine whether the individual meets the service's admission criteria; what the individual's immediate service, health, and safety needs are; and whether the provider has the capability and staffing to provide the needed services. "Inpatient psychiatric service" means intensive 24-hour medical, nursing, and treatment services provided to individuals with mental illness or substance abuse (substance use disorders) in a hospital as defined in § 32.1-123 of the Code of Virginia or in a special unit of a hospital. "Instrumental activities of daily living" or "IADLs" means meal preparation, housekeeping, laundry, and managing money. A person's degree of independence in performing these activities is part of determining appropriate level of care and services. "Intellectual disability" means a disability originating before 18 years of age, characterized concurrently by (i) significant subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning administered in conformity with accepted professional practice that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social, and practical adaptive skills. "Intensity of service" means the number, type, and frequency of staff interventions and other services provided during treatment at a particular level of care. "Intensive in-home service" means family preservation interventions for children and adolescents who have or are at risk of serious emotional disturbance, including individuals who also have a diagnosis of developmental disability. Intensive in-home service is usually time-limited and is provided typically in the residence of an individual who is at risk of being moved to out-of-home placement or who is being transitioned back home from an out-of-home placement. The service includes 24-hour per day emergency response; crisis treatment; individual and family counseling; life, parenting, and communication skills; and case management and coordination with other services. "Intermediate care facility/individuals with intellectual disability" or "ICF/IID" means a facility or distinct part of a facility certified by the Virginia Department of Health as meeting the federal certification regulations for an intermediate care facility for individuals with intellectual disability and persons with related conditions and that addresses the total needs of the residents, which include physical, intellectual, social, emotional, and habilitation, providing active treatment as defined in 42 CFR 435.1010 and 42 CFR 483.440. "Investigation" means a detailed inquiry or systematic examination of the operations of a provider or its services regarding an alleged violation of regulations or law. An investigation may be undertaken as a result of a complaint, an incident report, or other information that comes to the attention of the department. "Licensed mental health professional" or "LMHP" means a physician, licensed clinical psychologist, licensed professional counselor, licensed clinical social worker, licensed substance abuse treatment practitioner, licensed marriage and family therapist, certified psychiatric clinical nurse specialist, licensed behavior analyst, or licensed psychiatric/mental health nurse practitioner, or a licensed psychological practitioner. "LMHP-resident in psychology" or "LMHP-RP" means an individual in a residency as that term is defined in 18VAC125-20-10 for clinical psychologists. An LMHP-RP shall be in continuous compliance with the regulatory requirements for supervised experience as found in 18VAC125-20-65. LMHP-RPs also include licensed psychological practitioners working under supervision of a licensed clinical psychologist in accordance with 18VAC125-20-58 and 18VAC125-20-59. "Location" means a place where services are or could be provided. "Mandatory outpatient treatment order" means an order issued by a court pursuant to § 37.2-817 of the Code of Virginia. "Medical evaluation" means the process of assessing an individual's health status that includes a medical history and a physical examination of an individual conducted by a licensed medical practitioner operating within the scope of his license. "Medically managed intensive inpatient service" or "Level of care 4.0" means an organized service delivered in an inpatient setting, including an acute care general hospital, psychiatric unit in a general hospital, or a freestanding psychiatric hospital. This service is appropriate for individuals whose acute biomedical and emotional, behavioral, and cognitive problems are so severe that they require primary medical and nursing care. Services at this level of care are managed by a physician who is responsible for diagnosis, treatment, and treatment plan decisions in collaboration with the individual. "Medically monitored intensive inpatient treatment" or "Level of care 3.7" means a substance use treatment program that provides 24-hour care in a facility under the supervision of medical personnel. The care provided includes directed evaluation, observation, medical monitoring, and addiction treatment in an inpatient setting. The care provided may include the use of medication to address the effects of substance use. This service is appropriate for an individual whose subacute biomedical, emotional, behavioral, or cognitive problems are so severe that they require inpatient treatment but who does not need the full resources of an acute care general hospital or a medically managed intensive inpatient treatment program. "Medication" means prescribed or over-the-counter drugs or both. "Medication administration" means the legally permitted direct application of medications, as enumerated by § 54.1-3408 of the Code of Virginia, by injection, inhalation, ingestion, or any other means to an individual receiving services by (i) persons legally permitted to administer medications or (ii) the individual at the direction and in the presence of persons legally permitted to administer medications. "Medication-assisted treatment" or "MAT" means the use of U.S. Food and Drug Administration approved medications in combination with counseling and behavioral therapies to provide treatment of substance use disorders. Medication-assisted treatment includes medications for opioid use disorder as well as medications for treatment of alcohol use disorder. "Medication error" means an error in administering a medication to an individual and includes when any of the following occur: (i) the wrong medication is given to an individual, (ii) the wrong individual is given the medication, (iii) the wrong dosage is given to an individual, (iv) medication is given to an individual at the wrong time or not at all, or (v) the wrong method is used to give the medication to the individual. "Medication for opioid use disorder" or "MOUD" means medications, including opioid agonist medications, approved by the U.S. Food and Drug Administration for the use in the treatment of opioid use disorder. "Medication storage" means any area where medications are maintained by the provider, including a locked cabinet, locked room, or locked box. "Mental Health Community Support Service" or "MCHSS" means the provision of recovery-oriented services to individuals with long-term, severe mental illness. MHCSS includes skills training and assistance in accessing and effectively utilizing services and supports that are essential to meeting the needs identified in the individualized services plan and development of environmental supports necessary to sustain active community living as independently as possible. MHCSS may be provided in any setting in which the individual's needs can be addressed, skills training applied, and recovery experienced. "Mental health intensive outpatient service" means a structured program of skilled treatment services focused on maintaining and improving functional abilities through a time-limited, interdisciplinary approach to treatment. This service is provided over a period of time for individuals requiring more intensive services than an outpatient service can provide and may include individual, family, or group counseling or psychotherapy; skill development and psychoeducational activities; certified peer support services; medication management; and psychological assessment or testing. "Mental health outpatient service" means treatment provided to individuals on an hourly schedule, on an individual, group, or family basis, and usually in a clinic or similar facility or in another location. Mental health outpatient services may include diagnosis and evaluation, screening and intake, counseling, psychotherapy, behavior management, psychological testing and assessment, laboratory, and other ancillary services, medical services, and medication services. Mental health outpatient service specifically includes: 1. Mental health services operated by a community services board or a behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; 2. Mental health services contracted by a community services board or a behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; or 3. Mental health services that are owned, operated, or controlled by a corporation organized pursuant to the provisions of either Chapter 9 (§ 13.1-601 et seq.) or Chapter 10 (§ 13.1-801 et seq.) of Title 13.1 of the Code of Virginia. "Mental health partial hospitalization service" means time-limited active treatment interventions that are more intensive than outpatient services, designed to stabilize and ameliorate acute symptoms and serve as an alternative to inpatient hospitalization or to reduce the length of a hospital stay. Partial hospitalization is provided through a minimum of 20 hours per week of skilled treatment services focused on individuals who require intensive, highly coordinated, structured, and interdisciplinary ambulatory treatment within a stable environment that is of greater intensity than intensive outpatient, but of lesser intensity than inpatient. "Mental illness" means, as defined by § 37.2-100 of the Code of Virginia, a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others. "Missing" means a circumstance in which an individual is not physically present when and where he should be and his absence cannot be accounted for or explained by his supervision needs or pattern of behavior. "Mobile crisis response" means a type of community-based crisis stabilization service that is available 24 hours per day, seven days per week, 365 days per year to provide rapid response, assessment, and early intervention to individuals experiencing a behavioral health crisis. Services are deployed in real time to the location of the individual experiencing a behavioral health crisis. The purpose of this service is to (i) de-escalate the behavioral health crisis and prevent harm to the individual or others; (ii) assist in the prevention of the individual's acute exacerbation of symptoms; (iii) develop an immediate plan to maintain safety; and (iv) coordinate care and linking to appropriate treatment services to meet the needs of the individual. "Mobile medication-assisted treatment program" or "mobile MAT program" means a MAT operating from a motor vehicle or conveyance that serves as a mobile component to a licensed MAT location registered with the U.S. Drug Enforcement Administration as required by 21 CFR 1301.11 et seq. "Motivational enhancement" means a person-centered approach that is collaborative, employs strategies to strengthen motivation for change, increases engagement in substance use services, resolves ambivalence about changing substance use behaviors, and supports individuals to set goals to change their substance use. "Neglect" means, as defined by § 37.2-100 of the Code of Virginia, the failure by a person or a program or facility operated, licensed, or funded by the department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. "Neurobehavioral services" means the assessment, evaluation, and treatment of cognitive, perceptual, behavioral, and other impairments caused by brain injury that affect an individual's ability to function successfully in the community. "Office of Human Rights" means the Department of Behavioral Health and Developmental Services Office of Human Rights. "Opioid treatment practitioner" means a health care professional who is appropriately licensed to prescribe or dispense medications in Virginia for opioid use disorders and, as a result, is authorized to practice within an opioid treatment program. "Person-centered" means focusing on the needs and preferences of the individual; empowering and supporting the individual in defining the direction for his life; and promoting self-determination, community involvement, and recovery. "Provider" means, as defined by § 37.2-403 of the Code of Virginia, any person, entity, or organization, excluding an agency of the federal government by whatever name or designation, that delivers (i) services to individuals with mental illness, developmental disabilities, or substance abuse (substance use disorders) or (ii) residential services for individuals with brain injury. The person, entity, or organization shall include a hospital as defined in § 32.1-123 of the Code of Virginia, community services board, behavioral health authority, private provider, and any other similar or related person, entity, or organization. It shall not include any individual practitioner who holds a license issued by a health regulatory board of the Department of Health Professions or who is exempt from licensing pursuant to §§ 54.1-2901, 54.1-3001, 54.1-3501, 54.1-3601, and 54.1-3701 of the Code of Virginia. "Psychosocial rehabilitation service" means a program of two or more consecutive hours per day provided to groups of adults in a nonresidential setting. Individuals must demonstrate a clinical need for the service arising from a condition due to mental, behavioral, or emotional illness that results in significant functional impairments in major life activities. This service provides education to teach the individual about mental illness, substance abuse, and appropriate medication to avoid complication and relapse and opportunities to learn and use independent skills and to enhance social and interpersonal skills within a consistent program structure and environment. Psychosocial rehabilitation includes skills training, peer support, vocational rehabilitation, and community resource development oriented toward empowerment, recovery, and competency. "Psychotherapy" means the application of principles, standards, and methods of the counseling profession in (i) conducting assessments and diagnoses for the purpose of establishing treatment goals and objectives and (ii) planning, implementing, and evaluating treatment plans using treatment interventions to facilitate human development and to identify and remediate mental, emotional, or behavioral disorders and associated distresses that interfere with mental health. "Qualified developmental disability professional" or "QDDP" means a person who possesses at least one year of documented experience working directly with individuals who have a developmental disability and who possesses one of the following credentials: (i) a doctor of medicine or osteopathy licensed in Virginia, (ii) a registered nurse licensed in Virginia, (iii) a licensed occupational therapist, or (iv) completion of at least a bachelor's degree in a human services field, including sociology, social work, special education, rehabilitation counseling, or psychology. "Qualified individual" means a named individual who (i) is at least 18 years of age, (ii) is a full-time employee or contractor of the provider, and (iii) has met the appropriate prerequisites as specified in this chapter. "Qualified mental health professional" or "QMHP" means the same as the term is defined in § 54.1-3500 of the Code of Virginia. "Qualified mental health professional-trainee" or "QMHP-T" means the same as the term is defined in § 54.1-3500 of the Code of Virginia. "Qualified paraprofessional in mental health" or "QPPMH" means a person who meets at least one of the following criteria: (i) is registered with the United States Psychiatric Association (USPRA) as an Associate Psychiatric Rehabilitation Provider (APRP); (ii) has an associate degree in a related field (social work, psychology, psychiatric rehabilitation, sociology, counseling, vocational rehabilitation, human services counseling) and at least one year of experience providing direct services to individuals with a diagnosis of mental illness; (iii) is licensed as an occupational therapy assistant, and supervised by a licensed occupational therapist, with at least one year of experience providing direct services to individuals with a diagnosis of mental illness; or (iv) has a minimum of 90 hours classroom training and 12 weeks of experience under the direct personal supervision of a QMHP providing services to individuals with mental illness and at least one year of experience, including the 12 weeks of supervised experience. "Quality improvement plan" means a detailed work plan developed by a provider that defines steps the provider will take to review the quality of services it provides and to manage initiatives to improve quality. A quality improvement plan consists of systematic and continuous actions that lead to measurable improvement in the services, supports, and health status of the individuals receiving services. "Recovery" means a journey of healing and transformation enabling an individual with a mental illness to live a meaningful life in a community of his choice while striving to achieve his full potential. For individuals with substance abuse (substance use disorders), recovery is an incremental process leading to positive social change and a full return to biological, psychological, and social functioning. For individuals with a developmental disability, the concept of recovery does not apply in the sense that individuals with a developmental disability will need supports throughout their entire lives although these may change over time. With supports, individuals with a developmental disability are capable of living lives that are fulfilling and satisfying and that bring meaning to themselves and others they know. "REACH crisis therapeutic home" or "REACH CTH" means a residential home with crisis stabilization REACH service for individuals with a developmental disability and who are experiencing a mental health or behavior crisis. "REACH mobile crisis response" means a REACH service that provides mobile crisis response for individuals with a developmental disability and who are experiencing a mental health or behavior crisis. "Referral" means the process of directing an applicant or an individual to a provider or service that is designed to provide the assistance needed. "Regional education assessment crisis services habilitation" or "REACH" means the statewide crisis system of care that is designed to meet the crisis support needs of individuals who have a developmental disability and are experiencing mental health or behavior crisis events that put the individuals at risk for homelessness, incarceration, hospitalization, or danger to self or others. "Residential" or "residential service" means providing 24-hour support in conjunction with care and treatment or a training program in a setting other than a hospital or training center. Residential services provide a range of living arrangements from highly structured and intensively supervised to relatively independent and requiring a modest amount of staff support and monitoring. Residential services include residential treatment, group homes, supervised living, community gero-psychiatric residential, ICF/IID, sponsored residential homes, withdrawal management, and neurobehavioral services. "Residential crisis stabilization service" means (i) providing short-term, intensive treatment to nonhospitalized individuals who require multidisciplinary treatment in order to stabilize acute psychiatric symptoms and prevent admission to a psychiatric inpatient unit; (ii) providing normative environments with a high assurance of safety and security for crisis intervention; and (iii) mobilizing the resources of the community support system, family members, and others for ongoing rehabilitation and recovery. "Residential treatment service" means providing an intensive and highly structured clinically based mental health, substance abuse, or neurobehavioral service for co-occurring disorders in a residential setting other than an inpatient service. "Respite care service" means providing for a short-term, time-limited period of care of an individual for the purpose of providing relief to the individual's family, guardian, or regular caregiver. Persons providing respite care are recruited, trained, and supervised by a licensed provider. These services may be provided in a variety of settings including residential, day support, in-home, or a sponsored residential home. "Restraint" means the use of a mechanical device, medication, physical intervention, or hands-on hold to prevent an individual receiving services from moving his body to engage in a behavior that places him or others at imminent risk. There are three kinds of restraints: 1. Mechanical restraint means the use of a mechanical device that cannot be removed by the individual to restrict the individual's freedom of movement or functioning of a limb or portion of an individual's body when that behavior places him or others at imminent risk. 2. Pharmacological restraint means the use of a medication that is administered involuntarily for the emergency control of an individual's behavior when that individual's behavior places him or others at imminent risk and the administered medication is not a standard treatment for the individual's medical or psychiatric condition. 3. Physical restraint, also referred to as manual hold, means the use of a physical intervention or hands-on hold to prevent an individual from moving his body when that individual's behavior places him or others at imminent risk. "Restraints for behavioral purposes" means using a physical hold, medication, or a mechanical device to control behavior or involuntarily restrict the freedom of movement of an individual in an instance when all of the following conditions are met: (i) there is an emergency; (ii) nonphysical interventions are not viable; and (iii) safety issues require an immediate response. "Restraints for medical purposes" means using a physical hold, medication, or mechanical device to limit the mobility of an individual for medical, diagnostic, or surgical purposes, such as routine dental care or radiological procedures and related post-procedure care processes, when use of the restraint is not the accepted clinical practice for treating the individual's condition. "Restraints for protective purposes" means using a mechanical device to compensate for a physical or cognitive deficit when the individual does not have the option to remove the device. The device may limit an individual's movement, for example, bed rails or a gerichair, and prevent possible harm to the individual or it may create a passive barrier, such as a helmet to protect the individual. "Restriction" means anything that limits or prevents an individual from freely exercising his rights and privileges. "Risk management" means an integrated system-wide program to ensure the safety of individuals, employees, visitors, and others through identification, mitigation, early detection, monitoring, evaluation, and control of risks. "Root cause analysis" means a method of problem solving designed to identify the underlying causes of a problem. The focus of a root cause analysis is on systems, processes, and outcomes that require change to reduce the risk of harm. "Screening" means the process or procedure for determining whether the individual meets the minimum criteria for initial assessment. "Seclusion" means the involuntary placement of an individual alone in an area secured by a door that is locked or held shut by a staff person, by physically blocking the door, or by any other physical means so that the individual cannot leave the area. "Serious incident" means any event or circumstance that causes or could cause harm to the health, safety, or well-being of an individual. The term "serious incident" includes death and serious injury. "Level I serious incident" means a serious incident that occurs or originates during the provision of a service or on the premises of the provider and does not meet the definition of a Level II or Level III serious incident. Level I serious incidents do not result in significant harm to individuals but may include events that result in minor injuries that do not require medical attention or events that have the potential to cause serious injury, even when no injury occurs. "Level II serious incident" means a serious incident that occurs or originates during the provision of a service or on the premises of the provider that results in a significant harm or threat to the health and safety of an individual that does not meet the definition of a Level III serious incident. "Level II serious incident" includes a significant harm or threat to the health or safety of others caused by an individual. Level II serious incidents include: 1. A serious injury; 2. An individual who is or was missing; 3. An emergency room visit; 4. An unplanned psychiatric or unplanned medical hospital admission of an individual receiving services other than licensed emergency services, except that a psychiatric admission in accordance with an individual's wellness plan shall not constitute an unplanned admission for the purposes of this chapter; 5. Choking incidents that require direct physical intervention by another person; 6. Ingestion of any hazardous material; or 7. A diagnosis of: a. A decubitus ulcer or an increase in severity of level of previously diagnosed decubitus ulcer; b. A bowel obstruction; or c. Aspiration pneumonia. "Level III serious incident" means a serious incident, whether or not the incident occurs while in the provision of a service or on the provider's premises, that results in:
2. A sexual assault of an individual; or
3. A suicide attempt by an individual admitted for services, other than licensed emergency services, that results in a hospital admission. "Serious injury" means any injury resulting in bodily hurt, damage, harm, or loss that requires medical attention by a licensed physician, doctor of osteopathic medicine, physician assistant, or nurse practitioner. "Service" means, as defined by § 37.2-403 of the Code of Virginia, (i) planned individualized interventions intended to reduce or ameliorate mental illness, developmental disabilities, or substance abuse (substance use disorders) through care, treatment, training, habilitation, or other supports that are delivered by a provider to individuals with mental illness, developmental disabilities, or substance abuse (substance use disorders). Services include outpatient services, intensive in-home services, medication for opioid use disorder treatment services, inpatient psychiatric hospitalization, community gero-psychiatric residential services, assertive community treatment and other clinical services; day support, day treatment, partial hospitalization, psychosocial rehabilitation, and habilitation services; case management services; and supportive residential, special school, halfway house, in-home services, crisis stabilization, and other residential services; and (ii) planned individualized interventions intended to reduce or ameliorate the effects of brain injury through care, treatment, or other supports provided in residential services for persons with brain injury. "Shall" means an obligation to act is imposed. "Shall not" means an obligation not to act is imposed. "Signed" or "signature" means a handwritten signature, an electronic signature, or a digital signature, as long as the signer showed clear intent to sign. "Skills training" means systematic skill building through curriculum-based psychoeducational and cognitive-behavioral interventions. These interventions break down complex objectives for role performance into simpler components, including basic cognitive skills such as attention, to facilitate learning and competency. "Sponsored residential home" means a service where providers arrange for, supervise, and provide programmatic, financial, and service support to families or persons (sponsors) providing care or treatment in their own homes for individuals receiving services. "State opioid treatment authority" or "SOTA" means the Virginia Department of Behavioral Health and Developmental Services, which is authorized by the federal Center for Substance Abuse Treatment to exercise the responsibility and authority for governing the treatment of opioid use disorder with MOUD. "Substance abuse (substance use disorders)" means, as defined by § 37.2-100 of the Code of Virginia, the use of drugs enumerated in the Virginia Drug Control Act (§ 54.1-3400 et seq.) without a compelling medical reason or alcohol that (i) results in psychological or physiological dependence or danger to self or others as a function of continued and compulsive use or (ii) results in mental, emotional, or physical impairment that causes socially dysfunctional or socially disordering behavior; and (iii), because of such substance abuse, requires care and treatment for the health of the individual. This care and treatment may include counseling, rehabilitation, or medical or psychiatric care. "Substance abuse intensive outpatient service" or "Level of care 2.1" means structured treatment provided to individuals who require more intensive services than is normally provided in an outpatient service but do not require inpatient services. Treatment consists primarily of counseling and education about addiction-related and mental health challenges delivered a minimum of nine to 19 hours of services per week for adults or six to 19 hours of services per week for children and adolescents. Within this level of care an individual's needs for psychiatric and medical services are generally addressed through consultation and referrals. "Substance abuse outpatient service" or "Level of care 1.0" means a center-based substance abuse treatment delivered to individuals for fewer than nine hours of service per week for adults or fewer than six hours per week for adolescents on an individual, group, or family basis. Substance abuse outpatient services may include diagnosis and evaluation, screening and intake, counseling, psychotherapy, behavior management, psychological testing and assessment, laboratory and other ancillary services, medical services, and medication services. Substance abuse outpatient service includes substance abuse services or an office practice that provides professionally directed aftercare, individual, and other addiction services to individuals according to a predetermined regular schedule of fewer than nine contact hours a week. Substance abuse outpatient service also includes: 1. Substance abuse services operated by a community services board or a behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; 2. Substance abuse services contracted by a community services board or a behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; or 3. Substance abuse services that are owned, operated, or controlled by a corporation organized pursuant to the provisions of either Chapter 9 (§ 13.1-601 et seq.) or Chapter 10 (§ 13.1-801 et seq.) of Title 13.1 of the Code of Virginia. "Substance abuse partial hospitalization services" or "Level of care 2.5" means a short-term, nonresidential substance use treatment program provided for a minimum of 20 hours a week that uses multidisciplinary staff and is provided for individuals who require a more intensive treatment experience than intensive outpatient treatment but who do not require residential treatment. This level of care is designed to offer highly structured intensive treatment to those individuals whose condition is sufficiently stable so as not to require 24-hour-per-day monitoring and care, but whose illness has progressed so as to require consistent near-daily treatment intervention. "Suicide attempt" means a nonfatal, self-directed, potentially injurious behavior with an intent to die as a result of the behavior regardless of whether it results in injury. "Supervised living residential service" means the provision of significant direct supervision and community support services to individuals living in apartments or other residential settings. These services differ from supportive in-home service because the provider assumes responsibility for management of the physical environment of the residence, and staff supervision and monitoring are daily and available on a 24-hour basis. Services are provided based on the needs of the individual in areas such as food preparation, housekeeping, medication administration, personal hygiene, treatment, counseling, and budgeting. "Supportive in-home service" (formerly supportive residential) means the provision of community support services and other structured services to assist individuals, to strengthen individual skills, and that provide environmental supports necessary to attain and sustain independent community residential living. Services include drop-in or friendly-visitor support and counseling to more intensive support, monitoring, training, in-home support, respite care, and family support services. Services are based on the needs of the individual and include training and assistance. These services normally do not involve overnight care by the provider; however, due to the flexible nature of these services, overnight care may be provided on an occasional basis. "Systemic deficiency" means violations of regulations documented by the department that demonstrate multiple or repeat defects in the operation of one or more services. "Telehealth" shall have the same meaning as "telehealth services" in § 32.1-122.03:1 of the Code of Virginia. “Telemedicine" shall have the same meaning as "telemedicine services" in § 38.2-3418.16 of the Code of Virginia. "Therapeutic day treatment for children and adolescents" means a treatment program that serves (i) children and adolescents from birth through 17 years of age and under certain circumstances up to 21 years of age with serious emotional disturbances, substance use, or co-occurring disorders or (ii) children from birth through seven years of age who are at risk of serious emotional disturbance, in order to combine psychotherapeutic interventions with education and mental health or substance abuse treatment. Services include: evaluation; medication education and management; opportunities to learn and use daily living skills and to enhance social and interpersonal skills; and individual, group, and family counseling. "Time out" means the involuntary removal of an individual by a staff person from a source of reinforcement to a different, open location for a specified period of time or until the problem behavior has subsided to discontinue or reduce the frequency of problematic behavior. "Volunteer" means a person who, without financial remuneration, provides services to individuals on behalf of the provider. "Withdrawal management" means the dispensing of MOUD in decreasing doses to an individual to alleviate adverse physical effects incident to withdrawal from the continuous or sustained use of an opioid and as a method of bringing the individual to an opioid-free state within such a period. Long-term withdrawal management refers to the process of medication tapering that exceeds 30 days. "Written," "writing," and "in writing" include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42.1 (§ 59.1-479 et seq.) of Title 59.1 of the Code of Virginia is or is not affixed. 12VAC35-105-30. Licenses. A. Licenses are issued to providers who offer services to individuals who have mental illness, a developmental disability, or substance abuse (substance use disorders) or have brain injury and are receiving residential services. B. Providers shall be licensed to provide specific services as defined in this chapter or as determined by the commissioner. These services include: 1. Assertive community treatment (ACT); 2. Case management; 3. Clinically managed high-intensity residential care or Level of care 3.5; 4. Clinically managed low-intensity residential care or Level of care 3.1; 5. Clinically managed population specific high-intensity residential or Level of care 3.3; 6. Community gero-psychiatric residential; 7. Community-based crisis stabilization; 8. Coordinated specialty care; 9. Crisis receiving center; 9. 10. Crisis stabilization unit; 10. 11. Day support; 11. 12. Day treatment, including therapeutic day treatment for children and adolescents; 12. 13. Group home and community residential; 13. 14. ICF/IID; 14. 15. Inpatient psychiatric; 15. 16. Intensive in-home; 16. 17. Medically managed intensive inpatient service or Level of care 4.0; 17. 18. Medically monitored intensive inpatient treatment or Level of care 3.7; 18. 19. Medication for opioid use disorder treatment; 19. 20. Mental health community support; 20. 21. Mental health intensive outpatient; 21. 22. Mental health outpatient; 22. 23. Mental health partial hospitalization; 23. 24. Psychosocial rehabilitation; 24. 25. REACH CTH; 25. 26. REACH mobile crisis response; 26. 27. Residential treatment; 27. 28. Respite care; 28. 29. Sponsored residential home; 29. 30. Substance abuse intensive outpatient; 30. 31. Substance abuse outpatient; 31. 32. Substance abuse partial hospitalization; 32. 33. Supervised living residential; and 33. 34. Supportive in-home. C. A license addendum shall describe the services licensed, the disabilities of individuals who may be served, the specific locations where services are to be provided or administered, and the terms and conditions for each service offered by a licensed provider. For residential and inpatient services, the license identifies the number of individuals each residential location may serve at a given time. Part VI Additional Requirements for Selected Services Article 10 Coordinated Specialty Care 12VAC35-105-1426. Admission criteria. A. Before a CSC provider may admit an individual to the service, the individual shall meet the criteria for admission as defined by this chapter and the provider's policies. B. The policy regarding admission to CSC shall, at a minimum, meet the requirements of 12VAC35-105-650 and the assessment required by that section shall: 1. Be conducted by an LMHP, LMHP-R, LMHP-RP or LMHP-S. Assessments completed by an LMHP-R, LMHP-RP, or LMHP-S shall be signed by an LMHP; 2. Be conducted in person in the individual's home or another location of the individual's choice; 3. Document that the individual: a. Is between 15 and 30 years of age at admission; b. Exhibited psychotic symptoms for less than five years at admission; c. Has a diagnosis of schizophrenia, schizoaffective disorder, schizophreniform disorder, other specified schizophrenia spectrum, affective disorder with psychosis, bipolar disorder with psychotic features, major depression with psychotic features, or other psychotic disorder. Individuals may also have a co-occurring diagnosis of a substance use disorder or developmental disability; and d. Is experiencing symptoms of a mental, behavioral, or emotional illness that results in functional impairments in major life activities. Such symptoms may include auditory or visual hallucinations, delusions, or a thought disorder that causes significant disruptions in at least one of the following areas: (i) educational functioning, (ii) occupational functioning, (iii) relationships with family members, or (iv) building a social support network. 12VAC35-105-1427. Discharge criteria. Before a CSC provider may discharge an individual, the individual shall meet the criteria for discharge as defined by this chapter and the provider's policies, which shall meet all the requirements of 12VAC35-105-693. The provider's policy regarding discharge shall require that an individual be discharged when one of the following conditions is met: 1. The individual has successfully completed the CSC program and has transitioned to a lower level of care adequate to support recovery; 2. The individual is unable to achieve the goals of treatment but could progress with a different type of treatment; 3. The individual has achieved the original treatment goals but has developed new treatment challenges that can only be adequately addressed in a different type of treatment; or 4. The individual chooses to be discharged from the program or has not participated in treatment for six months. 12VAC35-105-1428. Service delivery. A. A CSC program shall meet the following programmatic requirements in accordance with the individual's assessment and ISP: 1. Treatment planning may be developed through a team approach, but the ISP shall be signed and overseen by a LMHP. 2. Psychiatric services, to include a comprehensive psychiatric evaluation, medication prescription monitoring, and contact with the individual. The psychiatric evaluation shall be completed as soon as possible but no later than 30 days after admission. Psychiatric services shall be provided by a psychiatrist, psychiatric nurse practitioner, or nurse practitioner or physician assistant working under the supervision of a psychiatrist. 3. Psychotherapy provided by an LMHP, LMHP-R, LMHP-RP, or LMHP-S. 4. Family education and support provided by any team member acting within the scope of their practice. 5. Health literacy support. The medication administration component shall be performed by a registered nurse (RN) or licensed practical nurse (LPN). The support component shall be performed by an LMHP, LMHP-R, LMHP-RP, LMHP-S, nurse practitioner, occupational therapist, certified substance abuse counselor (CSAC), certified substance abuse counselor-supervisee (CSAC-S), RN, or LPN. 6. CSC rehabilitation skill building by an LMHP, LMHP-R, LMHP-RP, LMHP-S, QMHP, QMHP-T, occupational therapist, CSAC, CSAC-S, or registered peer recovery specialist (RPRS). 7. Care coordination by an LMHP, LMHP-R, LMHP-RP, LMHP-S, QMHP, QMHP-T, CSAC, CSAC-S, RN, LPN, or RPRS. 8. Crisis support provided by an LMHP, LMHP-R, LMHP-RP, LMHP-S, QMHP, or QMHP-T. Crisis support shall include the development of the individual's crisis mitigation plan. a. Crisis support shall be available 24 hours a day, seven days a week. b. If the individual's condition progresses to require a higher level of care, the individual shall be referred to the appropriate level of care. Before referring to any external crisis resource, the provider shall attempt internal crisis support. 9. Peer recovery support services by a registered peer recovery specialist.
B. A CSC program shall participate in the completion of quality service reviews conducted by the department.
C. A CSC program shall furnish information and documentation on request and in the form requested by the department. 12VAC35-105-1429. Treatment team and staffing. Each CSC provider shall have sufficient staffing composition to meet the varying needs of individuals served by the provider as required by this section. CSC services shall be delivered by a multidisciplinary team and the provider shall meet the following minimum position requirements: 1. A team leader who is a designated employee and LMHP with at least three years of experience in the provision of mental health services. a. The team leader shall oversee all aspects of team operation. b. The team leader shall routinely provide direct services to individuals in the community. c. The team leader shall monitor, oversee, and supervise the team-based process. 2. A psychiatric provider who is a designated employee and a psychiatrist, psychiatric nurse practitioner, nurse practitioner with sufficient training and mental health experience, or nurse practitioner or physician assistant working under the supervision of a psychiatrist. a. The psychiatric provider shall be available to the team to provide assessments and medication management. b. The psychiatric provider shall serve as fully integrated team member who attends clinical team meetings. 3. An additional clinician who is an LMHP, LMHP-R, LMHP-RP, or LMHP-S. The clinician shall provide psychotherapy. 4. A registered peer recovery support specialist who is a designated employee. 5. Supported employment and education specialist. There shall be one full-time supported employment and education specialist, who shall be a registered QMHP with demonstrated expertise in supported employment and supported education through experience or education. 6. General clinical staff as appropriate to meet the needs of individuals served. Additional staff may include a QMHP, QMHP-T, certified substance abuse counselor (CSAC), certified substance abuse counselor-supervisee (CSAC-S), occupational therapist, registered nurse, or licensed practical nurse. 7. At least one of the CSC provider team members shall have training working with individuals with substance use disorders. 8. All team members shall complete initial and annual training approved by the department in core and evidence-based practices that support high-fidelity CSC practice. VA.R. Doc. No. R26-8524; Filed September 17, 2026TITLE 12. HEALTHDEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICESEmergencyTITLE 12. HEALTH STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES Emergency Regulation Title of Regulation: 12VAC35-105. Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (amending 12VAC35-105-20, 12VAC35-105-30, 12VAC35-105-1420; adding 12VAC35-105-1421 through 12VAC35-105-1425). Statutory Authority: §§ 37.2-203 and 37.2-400 of the Code of Virginia. Effective Dates: September 28, 2026, through March 27, 2028. Agency Contact: Susan Puglisi, Regulatory Research Specialist, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, Fourth Floor, Richmond, VA 23219, telephone (804) 975-0538, fax (804) 371-6638, TDD (804) 371-8977, or email susan.puglisi@dbhds.virginia.gov. Preamble: Section 2.2-4011 B of the Code of Virginia states that agencies may adopt emergency regulations in situations in which Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment, and the regulation is not exempt under the provisions of § 2.2-4006 A 4 of the Code of Virginia. Item 297 of Chapter 1 of the 2026 Acts of Assembly, Special Session I, directs the Department of Behavioral Health and Developmental Services to align licensing regulations with the modifications being made to Medicaid behavioral health services. The amendments to Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-105) conform the regulation to changes made by the Department of Medical Assistance Services replacing legacy services with the following updated suites of services: Community Psychiatric Support and Treatment (CPST), Coordinated Specialty Care, and Mental Health Clubhouse Services. This regulatory action establishes (i) definitions necessary for the integration of CPST into the licensing regulations; (ii) admission criteria; (iii) discharge criteria; (iv) minimum service delivery and location requirements; and (v) minimum requirements for treatment teams and staffing for the newly licensed service of CPST. 12VAC35-105-20. Definitions. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Abuse" means, as defined by § 37.2-100 of the Code of Virginia, any act or failure to act by an employee or other person responsible for the care of an individual in a facility or program operated, licensed, or funded by the department, excluding those operated by the Virginia Department of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. Examples of abuse include acts such as: 1. Rape, sexual assault, or other criminal sexual behavior; 2. Assault or battery; 3. Use of language that demeans, threatens, intimidates, or humiliates the individual; 4. Misuse or misappropriation of the individual's assets, goods, or property; 5. Use of excessive force when placing an individual in physical or mechanical restraint; 6. Use of physical or mechanical restraints on an individual that is not in compliance with federal and state laws, regulations, and policies, professional accepted standards of practice, or the individual's individualized services plan; or 7. Use of more restrictive or intensive services or denial of services to punish an individual or that is not consistent with the individual's individualized services plan. "Activities of daily living" or "ADLs" means personal care activities and includes bathing, dressing, transferring, toileting, grooming, hygiene, feeding, and eating. An individual's degree of independence in performing these activities is part of determining the appropriate level of care and services. "Addiction" means a primary, chronic disease of brain reward, motivation, memory, and related circuitry. Addiction is defined as the inability to consistently abstain, impairment in behavioral control, persistence of cravings, diminished recognition of significant problems with one's behaviors and interpersonal relationships, and a dysfunctional emotional response. Like other chronic diseases, addiction often involves cycles of relapse and remission. Without treatment or engagement in recovery activities, addiction is progressive and can result in disability or premature death. "Admission" means the process of acceptance into a service as defined by the provider's policies. "Allied health professional" means a professional who is involved with the delivery of health or related services pertaining to the identification, evaluation, and prevention of diseases and disorders, such as a certified substance abuse counselor, certified substance abuse counseling assistant, peer recovery support specialist, certified nurse aide, or occupational therapist. "ASAM" means the American Society of Addiction Medicine. "Assertive community treatment service" or "ACT" means a self-contained interdisciplinary community-based team of medical, behavioral health, and rehabilitation professionals who use a team approach to meet the needs of an individual with severe and persistent mental illness. ACT teams: 1. Provide person-centered services addressing the breadth of an individual's needs, helping the individual achieve his personal goals; 2. Serve as the primary provider of all the services that an individual receiving ACT services needs; 3. Maintain a high frequency and intensity of community-based contacts; 4. Maintain a very low individual-to-staff ratio; 5. Offer varying levels of care for all individuals receiving ACT services and appropriately adjust service levels according to each individual's needs over time; 6. Assist individuals in advancing toward personal goals with a focus on enhancing community integration and regaining valued roles, such as worker, family member, resident, spouse, tenant, or friend; 7. Carry out planned assertive engagement techniques, including rapport-building strategies, facilitating meeting basic needs, and motivational interviewing techniques; 8. Monitor the individual's mental status and provide needed supports in a manner consistent with the individual's level of need and functioning; 9. Deliver all services according to a recovery-based philosophy of care; and 10. Promote self-determination, respect for the individual receiving ACT as an individual in such individual's own right, and engage peers in promoting recovery and regaining meaningful roles and relationships in the community. "Authorized representative" means a person permitted by law or 12VAC35-115 to authorize the disclosure of information or consent to treatment and services or participation in human research. "Behavior intervention" means those principles and methods employed by a provider to help an individual receiving services to achieve a positive outcome and to address challenging behavior in a constructive and safe manner. Behavior intervention principles and methods shall be employed in accordance with the individualized services plan and written policies and procedures governing service expectations, treatment goals, safety, and security. "Behavioral health technician" or "BHT" means a person who has completed, at a minimum, an associate degree and registered with the Board of Counseling to practice in accordance with the provisions of § 54.1-3518 of the Code of Virginia and regulations of the Board of Counseling and provides collaborative behavioral health services. "Behavioral treatment plan," "functional plan," or "behavioral support plan" means any set of documented procedures that are an integral part of the individualized services plan and are developed on the basis of a systematic data collection, such as a functional assessment, for the purpose of assisting individuals to achieve the following: 1. Improved behavioral functioning and effectiveness; 2. Alleviation of symptoms of psychopathology; or 3. Reduction of challenging behaviors. "Board" or "state board" means, as defined by § 37.2-100 of the Code of Virginia, the State Board of Behavioral Health and Developmental Services. The board has statutory responsibility for adopting regulations that may be necessary to carry out the provisions of Title 37.2 of the Code of Virginia and other laws of the Commonwealth administered by the commissioner or the department. "Brain injury" means any injury to the brain that occurs after birth that is acquired through traumatic or nontraumatic insults. Nontraumatic insults may include anoxia, hypoxia, aneurysm, toxic exposure, encephalopathy, surgical interventions, tumor, and stroke. Brain injury does not include hereditary, congenital, or degenerative brain disorders or injuries induced by birth trauma. "Care," "treatment," or "support" means the individually planned therapeutic interventions that conform to current acceptable professional practice and that are intended to improve or maintain functioning of an individual receiving services delivered by a provider. "Case management service" or "support coordination service" means services that can include assistance to individuals and their family members in accessing needed services that are responsive to the individual's needs. Case management services include identifying potential users of the service; assessing needs and planning services; linking the individual to services and supports; assisting the individual directly to locate, develop, or obtain needed services and resources; coordinating services with other providers; enhancing community integration; making collateral contacts; monitoring service delivery; discharge planning; and advocating for individuals in response to their changing needs. "Case management service" does not include assistance in which the only function is maintaining service waiting lists or periodically contacting or tracking individuals to determine potential service needs. "Clinical experience" means providing direct services to individuals with mental illness or the provision of direct geriatric services or special education services. Experience may include supervised internships, practicums, and field experience. "Clinically managed high-intensity residential care" or "Level of care 3.5" means a substance use treatment program that offers 24-hour supportive treatment of individuals with significant psychological and social problems by credentialed addiction treatment professionals in an interdisciplinary treatment approach. A clinically managed high-intensity residential care program provides treatment to individuals who present with significant challenges, such as physical, sexual, or emotional trauma; past criminal or antisocial behaviors, with a risk of continued criminal behavior; an extensive history of treatment; inadequate anger management skills; extreme impulsivity; and antisocial value system. "Clinically managed low-intensity residential care" or "Level of care 3.1" means providing an ongoing therapeutic environment for individuals requiring some structured support in which treatment is directed toward applying recovery skills; preventing relapse; improving emotional functioning; promoting personal responsibility; reintegrating the individual into work, education, and family environments; and strengthening and developing adaptive skills that may not have been achieved or have been diminished during the individual's active addiction. A clinically managed low-intensity residential care program also provides treatment for individuals suffering from chronic, long-term alcoholism or drug addiction and affords an extended period of time to establish sound recovery and a solid support system. "Clinically managed population specific high-intensity residential services" or "Level of care 3.3" means a substance use treatment program that provides a structured recovery environment in combination with high-intensity clinical services provided in a manner to meet the functional limitations of individuals. The functional limitations of individuals who are placed within this level of care are primarily cognitive and can be either temporary or permanent. "Collaborative behavioral health services" means the same as the term is defined in § 54.1-3500 of the Code of Virginia. "Commissioner" means the Commissioner of the Department of Behavioral Health and Developmental Services. "Community-based crisis stabilization" means services that are short term and designed to support an individual and the individual's natural support system following contact with an initial crisis response service or as a diversion to a higher level of care. Providers deliver community-based crisis stabilization services in an individual's natural environment and provide referrals and linkage to other community-based services at the appropriate level of care. Interventions may include mobile crisis response, brief therapeutic and skill-building interventions, engagement of natural supports, interventions to integrate natural supports in the de-escalation and stabilization of the crisis, and coordination of follow-up services. Coordination of specialized services to address the needs of co-occurring developmental disabilities and substance use disorders are also available through this service. Services include advocacy and networking to provide linkages and referrals to appropriate community-based services and assist the individual and the individual's family or caregiver in accessing other benefits or assistance programs for which the individual may be eligible. Community-based crisis stabilization is a non-center, community-based service. The goal of community-based crisis stabilization services is to stabilize the individual within the community and support the individual or the individual's support system (i) as part of an initial mobile crisis response; (ii) during the period between an initial mobile crisis response and entry into an established follow-up service at the appropriate level of care; (iii) as a transitional step-down from a higher level of care if the next level of care service is identified but not immediately available for access; or (iv) as a diversion to a higher level of care. "Community gero-psychiatric residential services" means 24-hour care provided to individuals with mental illness, behavioral problems, and concomitant health problems who are usually 65 years of age or older in a geriatric setting that is less intensive than a psychiatric hospital but more intensive than a nursing home or group home. Services include assessment and individualized services planning by an interdisciplinary services team, intense supervision, psychiatric care, behavioral treatment planning and behavior interventions, nursing, and other health-related services. "Community psychiatric support and treatment" or "CPST" means a multi-component, team-based service for adults and youth that consists of assessment, crisis and functional supports, counseling, therapeutic interventions, and care coordination. CPST services concentrate on restoring functional skills of daily living, building natural supports, and achieving identified person-centered goals and objectives identified in the individual's ISP. CPST services focus on the individual's ability to succeed in the community by showing improvement in school, work, and family function as well as improving the individual's family or caregiver capacity to help the individual successfully function in the home and community. "Complaint" means an allegation of a violation of this chapter or a provider's policies and procedures related to this chapter. "Conveyance" means a motor vehicle that serves as the mobile component of a mobile MAT program. "Co-occurring disorders" means the presence of more than one and often several of the following disorders that are identified independently of one another and are not simply a cluster of symptoms resulting from a single disorder: mental illness, a developmental disability, substance abuse (substance use disorders), or brain injury. "Co-occurring services" means individually planned therapeutic treatment that addresses in an integrated concurrent manner the service needs of individuals who have co-occurring disorders. "Corrective action plan" means the provider's pledged corrective action in response to cited areas of noncompliance documented by the regulatory authority. "Correctional facility" means a facility operated under the management and control of the Virginia Department of Corrections. "Credentialed addiction treatment professional" means a person who possesses one of the following credentials issued by the appropriate health regulatory board: (i) an addiction-credentialed physician or physician with experience or training in addiction medicine; (ii) a licensed nurse practitioner or a licensed physician assistant with experience or training in addiction medicine; (iii) a licensed psychiatrist; (iv) a licensed clinical psychologist; (v) a licensed clinical social worker; (vi) a licensed professional counselor; (vii) a licensed nurse practitioner with experience or training in psychiatry or mental health; (viii) a licensed marriage and family therapist; (ix) a licensed substance abuse treatment practitioner; (x) a resident who is under the supervision of a licensed professional counselor (18VAC115-20-10), licensed marriage and family therapist (18VAC115-50-10), or licensed substance abuse treatment practitioner (18VAC115-60-10) and is registered with the Virginia Board of Counseling; (xi) a resident in psychology who is under supervision of a licensed clinical psychologist and is registered with the Virginia Board of Psychology (18VAC125-20-10); or (xii) a supervisee in social work who is under the supervision of a licensed clinical social worker and is registered with the Virginia Board of Social Work (18VAC140-20-10). "Crisis" means a deteriorating or unstable situation often developing suddenly or rapidly that produces acute, heightened, emotional, mental, physical, medical, or behavioral distress. "Crisis education and prevention plan" or "CEPP" means a department-approved, individualized, client-specific document that provides a concise, clear, and realistic set of supportive interventions to prevent or de-escalate a crisis and assist an individual who may be experiencing a behavioral loss of control. The goal of the CEPP is to identify problems that have arisen in the past or are emergent in order to map out strategies that offer tools for the natural support system to assist the individual in addressing and de-escalating problems in a healthy way and provide teaching skills that the individual can apply independently. "Crisis planning team" means the team who is consulted to plan the individual's safety plan or crisis ISP. The crisis planning team consists, at a minimum, of the individual receiving services, the individual's legal guardian or authorized representative, and a member of the provider's crisis staff. The crisis planning team may include the individual's support coordinator, case manager, the individual's family, or other identified persons, as desired by the individual, such as the individual's family of choice. "Crisis receiving center," "CRC," or "23-hour crisis stabilization" means a community-based, nonhospital facility providing short-term assessment, observation, and crisis stabilization services for up to 23 hours. This service is accessible 24 hours per day, seven days per week, 365 days per year, and is indicated when an individual requires a safe environment for initial assessment and intervention. This service includes a thorough assessment of an individual's behavioral health crisis, psychosocial needs, and supports in order to determine the least restrictive environment most appropriate for stabilization. Key service functions include rapid assessment, crisis intervention, de-escalation, short-term stabilization, and appropriate referrals for ongoing care. This distinct service may be co-located with other services such as crisis stabilization units. "Crisis stabilization" means direct, intensive nonresidential or residential care and treatment to nonhospitalized individuals experiencing an acute crisis that may jeopardize their current community living situation. Crisis stabilization is intended to avert hospitalization or rehospitalization; provide normative environments with a high assurance of safety and security for crisis intervention; stabilize individuals in crisis; and mobilize the resources of the community support system, family members, and others for ongoing rehabilitation and recovery. "Crisis stabilization unit," "CSU," or "residential crisis stabilization unit" is a community-based, short-term residential treatment unit. CSUs serve as primary alternatives to inpatient hospitalization for individuals who are in need of a safe, secure environment for assessment and crisis treatment. CSUs also serve as a step-down option from psychiatric inpatient hospitalization and function to stabilize and reintegrate individuals who meet medical necessity criteria back into their communities. "Day support service" means structured programs of training, assistance, and specialized supervision in the acquisition, retention, or improvement of self-help, socialization, and adaptive skills for adults with a developmental disability provided to groups or individuals in nonresidential community-based settings. Day support services may provide opportunities for peer interaction and community integration and are designed to enhance the following: self-care and hygiene, eating, toileting, task learning, community resource utilization, environmental and behavioral skills, social skills, medication management, prevocational skills, and transportation skills. The term "day support service" does not include services in which the primary function is to provide employment-related services, general educational services, or general recreational services. "Department" means the Virginia Department of Behavioral Health and Developmental Services. "Developmental disability" means a severe, chronic disability of an individual that (i) is attributable to a mental or physical impairment or a combination of mental and physical impairments other than a sole diagnosis of mental illness; (ii) is manifested before the individual reaches 22 years of age; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and (v) reflects the individual's need for a combination and sequence of special interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. An individual from birth to nine years of age, inclusive, who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability without meeting three or more of the criteria described in clauses (i) through (v) if the individual without services and supports has a high probability of meeting those criteria later in life. "Developmental services" means planned, individualized, and person-centered services and supports provided to individuals with developmental disabilities for the purpose of enabling these individuals to increase their self-determination and independence, obtain employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible. "Diagnostic and Statistical Manual of Mental Disorders" or "DSM" means the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition, DSM-5, of the American Psychiatric Association. "Direct care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an individual receiving services or (ii) immediately supervising a person in a position with this responsibility. "Discharge" means the process by which the individual's active involvement with a service is terminated by the provider, individual, or individual's authorized representative. "Discharge plan" means the written plan that establishes the criteria for an individual's discharge from a service and identifies and coordinates delivery of any services needed after discharge. "Dispense" means to deliver a drug to an ultimate user by or pursuant to the lawful order of a practitioner, including the prescribing and administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery (§ 54.1-3400 et seq. of the Code of Virginia). "Early serious mental illness" means the initial onset of a diagnosable mental, behavioral, or emotional disorder that significantly impacts an individual's functioning, potentially hindering the individual's ability to achieve expected levels of interpersonal, academic, or occupational success. "Emergency service" means unscheduled and sometimes scheduled crisis intervention, stabilization, and referral assistance provided over the telephone or face-to-face, if indicated, available 24 hours a day and seven days per week. Emergency services also may include walk-ins, home visits, jail interventions, and preadmission screening activities associated with the judicial process. "Group home or community residential service" means a congregate service providing 24-hour supervision in a community-based home having eight or fewer residents. Services include supervision, supports, counseling, and training in activities of daily living for individuals whose individualized services plan identifies the need for the specific types of services available in this setting. "HCBS Waiver" means a Medicaid Home and Community Based Services Waiver. "Home and noncenter based" means that a service is provided in the individual's home or other noncenter-based setting. This includes noncenter-based day support, supportive in-home, and intensive in-home services. "Individual" or "individual receiving services" means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms "consumer," "patient," "resident," "recipient," or "client". When the term is used in this chapter, the requirement applies to every individual receiving licensed services from the provider. "Individualized services plan" or "ISP" means a comprehensive and regularly updated written plan that describes the individual's needs, the measurable goals and objectives to address those needs, and strategies to reach the individual's goals. An ISP is person-centered, empowers the individual, and is designed to meet the needs and preferences of the individual. The ISP is developed through a partnership between the individual and the provider and includes an individual's treatment plan, habilitation plan, person-centered plan, or plan of care, which are all considered individualized service plans. "Informed choice" means a decision made after considering options based on adequate and accurate information and knowledge. These options are developed through collaboration with the individual and the individual's authorized representative, as applicable, and the provider with the intent of empowering the individual and the individual's authorized representative to make decisions that will lead to positive service outcomes. "Informed consent" means the voluntary written agreement of an individual or that individual's authorized representative to surgery, electroconvulsive treatment, use of psychotropic medications, or any other treatment or service that poses a risk of harm greater than that ordinarily encountered in daily life or for participation in human research. To be voluntary, informed consent must be given freely and without undue inducement; any element of force, fraud, deceit, or duress; or any form of constraint or coercion. "Initial assessment" means an assessment conducted prior to or at admission to determine whether the individual meets the service's admission criteria; what the individual's immediate service, health, and safety needs are; and whether the provider has the capability and staffing to provide the needed services. "Inpatient psychiatric service" means intensive 24-hour medical, nursing, and treatment services provided to individuals with mental illness or substance abuse (substance use disorders) in a hospital as defined in § 32.1-123 of the Code of Virginia or in a special unit of a hospital. "Instrumental activities of daily living" or "IADLs" means meal preparation, housekeeping, laundry, and managing money. A person's degree of independence in performing these activities is part of determining appropriate level of care and services. "Intellectual disability" means a disability originating before 18 years of age, characterized concurrently by (i) significant subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning administered in conformity with accepted professional practice that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social, and practical adaptive skills. "Intensity of service" means the number, type, and frequency of staff interventions and other services provided during treatment at a particular level of care. "Intensive in-home service" means family preservation interventions for children and adolescents who have or are at risk of serious emotional disturbance, including individuals who also have a diagnosis of developmental disability. Intensive in-home service is usually time-limited and is provided typically in the residence of an individual who is at risk of being moved to out-of-home placement or who is being transitioned back home from an out-of-home placement. The service includes 24-hour per day emergency response; crisis treatment; individual and family counseling; life, parenting, and communication skills; and case management and coordination with other services. "Intermediate care facility/individuals with intellectual disability" or "ICF/IID" means a facility or distinct part of a facility certified by the Virginia Department of Health as meeting the federal certification regulations for an intermediate care facility for individuals with intellectual disability and persons with related conditions and that addresses the total needs of the residents, which include physical, intellectual, social, emotional, and habilitation, providing active treatment as defined in 42 CFR 435.1010 and 42 CFR 483.440. "Investigation" means a detailed inquiry or systematic examination of the operations of a provider or its services regarding an alleged violation of regulations or law. An investigation may be undertaken as a result of a complaint, an incident report, or other information that comes to the attention of the department. "Licensed mental health professional" or "LMHP" means a physician, licensed clinical psychologist, licensed professional counselor, licensed clinical social worker, licensed substance abuse treatment practitioner, licensed marriage and family therapist, certified psychiatric clinical nurse specialist, licensed behavior analyst, or licensed psychiatric/mental health nurse practitioner. "Licensed mental health professional-resident" or "LMHP-R" means the same as "resident" as defined in 18VAC115-20-10 for licensed professional counselors, 18VAC115-50-10 for licensed marriage and family therapists, or 18VAC115-60-10 for licensed substance abuse treatment practitioners. An LMHP-R shall be in continuous compliance with the regulatory requirements of the applicable counseling profession for supervised practice. "LMHP-resident in psychology" or "LMHP-RP" means an individual in a residency as that term is defined in 18VAC125-20-10 for clinical psychologists. An LMHP-RP shall be in continuous compliance with the regulatory requirements for supervised experience as found in 18VAC125-20-65. "LMHP-supervisee in social work," "LMHP-supervisee," or "LMHP-S" means the same as "supervisee" as defined in 18VAC140-20-10 for licensed clinical social workers. An LMHP-S shall be in continuous compliance with the regulatory requirements for supervised practice as found in 18VAC140-20-50. "Location" means a place where services are or could be provided. "Mandatory outpatient treatment order" means an order issued by a court pursuant to § 37.2-817 of the Code of Virginia. "Medical evaluation" means the process of assessing an individual's health status that includes a medical history and a physical examination of an individual conducted by a licensed medical practitioner operating within the scope of his license. "Medically managed intensive inpatient service" or "Level of care 4.0" means an organized service delivered in an inpatient setting, including an acute care general hospital, psychiatric unit in a general hospital, or a freestanding psychiatric hospital. This service is appropriate for individuals whose acute biomedical and emotional, behavioral, and cognitive problems are so severe that they require primary medical and nursing care. Services at this level of care are managed by a physician who is responsible for diagnosis, treatment, and treatment plan decisions in collaboration with the individual. "Medically monitored intensive inpatient treatment" or "Level of care 3.7" means a substance use treatment program that provides 24-hour care in a facility under the supervision of medical personnel. The care provided includes directed evaluation, observation, medical monitoring, and addiction treatment in an inpatient setting. The care provided may include the use of medication to address the effects of substance use. This service is appropriate for an individual whose subacute biomedical, emotional, behavioral, or cognitive problems are so severe that they require inpatient treatment but who does not need the full resources of an acute care general hospital or a medically managed intensive inpatient treatment program. "Medication" means prescribed or over-the-counter drugs or both. "Medication administration" means the legally permitted direct application of medications, as enumerated by § 54.1-3408 of the Code of Virginia, by injection, inhalation, ingestion, or any other means to an individual receiving services by (i) persons legally permitted to administer medications or (ii) the individual at the direction and in the presence of persons legally permitted to administer medications. "Medication-assisted treatment" or "MAT" means the use of U.S. Food and Drug Administration approved medications in combination with counseling and behavioral therapies to provide treatment of substance use disorders. Medication-assisted treatment includes medications for opioid use disorder as well as medications for treatment of alcohol use disorder. "Medication error" means an error in administering a medication to an individual and includes when any of the following occur: (i) the wrong medication is given to an individual, (ii) the wrong individual is given the medication, (iii) the wrong dosage is given to an individual, (iv) medication is given to an individual at the wrong time or not at all, or (v) the wrong method is used to give the medication to the individual. "Medication for opioid use disorder" or "MOUD" means medications, including opioid agonist medications, approved by the U.S. Food and Drug Administration for the use in the treatment of opioid use disorder. "Medication storage" means any area where medications are maintained by the provider, including a locked cabinet, locked room, or locked box. "Mental Health Community Support Service" or "MCHSS" means the provision of recovery-oriented services to individuals with long-term, severe mental illness. MHCSS includes skills training and assistance in accessing and effectively utilizing services and supports that are essential to meeting the needs identified in the individualized services plan and development of environmental supports necessary to sustain active community living as independently as possible. MHCSS may be provided in any setting in which the individual's needs can be addressed, skills training applied, and recovery experienced. "Mental health intensive outpatient service" means a structured program of skilled treatment services focused on maintaining and improving functional abilities through a time-limited, interdisciplinary approach to treatment. This service is provided over a period of time for individuals requiring more intensive services than an outpatient service can provide and may include individual, family, or group counseling or psychotherapy; skill development and psychoeducational activities; certified peer support services; medication management; and psychological assessment or testing. "Mental health outpatient service" means treatment provided to individuals on an hourly schedule, on an individual, group, or family basis, and usually in a clinic or similar facility or in another location. Mental health outpatient services may include diagnosis and evaluation, screening and intake, counseling, psychotherapy, behavior management, psychological testing and assessment, laboratory, and other ancillary services, medical services, and medication services. Mental health outpatient service specifically includes: 1. Mental health services operated by a community services board or a behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; 2. Mental health services contracted by a community services board or a behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; or 3. Mental health services that are owned, operated, or controlled by a corporation organized pursuant to the provisions of either Chapter 9 (§ 13.1-601 et seq.) or Chapter 10 (§ 13.1-801 et seq.) of Title 13.1 of the Code of Virginia. "Mental health partial hospitalization service" means time-limited active treatment interventions that are more intensive than outpatient services, designed to stabilize and ameliorate acute symptoms and serve as an alternative to inpatient hospitalization or to reduce the length of a hospital stay. Partial hospitalization is provided through a minimum of 20 hours per week of skilled treatment services focused on individuals who require intensive, highly coordinated, structured, and interdisciplinary ambulatory treatment within a stable environment that is of greater intensity than intensive outpatient, but of lesser intensity than inpatient. "Mental illness" means, as defined by § 37.2-100 of the Code of Virginia, a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others. "Missing" means a circumstance in which an individual is not physically present when and where he should be and his absence cannot be accounted for or explained by his supervision needs or pattern of behavior. "Mobile crisis response" means a type of community-based crisis stabilization service that is available 24 hours per day, seven days per week, 365 days per year to provide rapid response, assessment, and early intervention to individuals experiencing a behavioral health crisis. Services are deployed in real time to the location of the individual experiencing a behavioral health crisis. The purpose of this service is to (i) de-escalate the behavioral health crisis and prevent harm to the individual or others; (ii) assist in the prevention of the individual's acute exacerbation of symptoms; (iii) develop an immediate plan to maintain safety; and (iv) coordinate care and linking to appropriate treatment services to meet the needs of the individual. "Mobile medication-assisted treatment program" or "mobile MAT program" means a MAT operating from a motor vehicle or conveyance that serves as a mobile component to a licensed MAT location registered with the U.S. Drug Enforcement Administration as required by 21 CFR 1301.11 et seq. "Motivational enhancement" means a person-centered approach that is collaborative, employs strategies to strengthen motivation for change, increases engagement in substance use services, resolves ambivalence about changing substance use behaviors, and supports individuals to set goals to change their substance use. "Neglect" means, as defined by § 37.2-100 of the Code of Virginia, the failure by a person or a program or facility operated, licensed, or funded by the department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. "Neurobehavioral services" means the assessment, evaluation, and treatment of cognitive, perceptual, behavioral, and other impairments caused by brain injury that affect an individual's ability to function successfully in the community. "Office of Human Rights" means the Department of Behavioral Health and Developmental Services Office of Human Rights. "Opioid treatment practitioner" means a health care professional who is appropriately licensed to prescribe or dispense medications in Virginia for opioid use disorders and, as a result, is authorized to practice within an opioid treatment program. "Person-centered" means focusing on the needs and preferences of the individual; empowering and supporting the individual in defining the direction for his life; and promoting self-determination, community involvement, and recovery. "Provider" means, as defined by § 37.2-403 of the Code of Virginia, any person, entity, or organization, excluding an agency of the federal government by whatever name or designation, that delivers (i) services to individuals with mental illness, developmental disabilities, or substance abuse (substance use disorders) or (ii) residential services for individuals with brain injury. The person, entity, or organization shall include a hospital as defined in § 32.1-123 of the Code of Virginia, community services board, behavioral health authority, private provider, and any other similar or related person, entity, or organization. It shall not include any individual practitioner who holds a license issued by a health regulatory board of the Department of Health Professions or who is exempt from licensing pursuant to §§ 54.1-2901, 54.1-3001, 54.1-3501, 54.1-3601, and 54.1-3701 of the Code of Virginia. "Psychosocial rehabilitation service" means a program of two or more consecutive hours per day provided to groups of adults in a nonresidential setting. Individuals must demonstrate a clinical need for the service arising from a condition due to mental, behavioral, or emotional illness that results in significant functional impairments in major life activities. This service provides education to teach the individual about mental illness, substance abuse, and appropriate medication to avoid complication and relapse and opportunities to learn and use independent skills and to enhance social and interpersonal skills within a consistent program structure and environment. Psychosocial rehabilitation includes skills training, peer support, vocational rehabilitation, and community resource development oriented toward empowerment, recovery, and competency. "Qualified developmental disability professional" or "QDDP" means a person who possesses at least one year of documented experience working directly with individuals who have a developmental disability and who possesses one of the following credentials: (i) a doctor of medicine or osteopathy licensed in Virginia, (ii) a registered nurse licensed in Virginia, (iii) a licensed occupational therapist, or (iv) completion of at least a bachelor's degree in a human services field, including sociology, social work, special education, rehabilitation counseling, or psychology. "Qualified mental health professional" or "QMHP" means the same as the term is defined in § 54.1-3500 of the Code of Virginia. "Qualified mental health professional-trainee" or "QMHP-T" means the same as the term is defined in § 54.1-3500 of the Code of Virginia. "Qualified paraprofessional in mental health" or "QPPMH" means a person who meets at least one of the following criteria: (i) is registered with the United States Psychiatric Association (USPRA) as an Associate Psychiatric Rehabilitation Provider (APRP); (ii) has an associate degree in a related field (social work, psychology, psychiatric rehabilitation, sociology, counseling, vocational rehabilitation, human services counseling) and at least one year of experience providing direct services to individuals with a diagnosis of mental illness; (iii) is licensed as an occupational therapy assistant, and supervised by a licensed occupational therapist, with at least one year of experience providing direct services to individuals with a diagnosis of mental illness; or (iv) has a minimum of 90 hours classroom training and 12 weeks of experience under the direct personal supervision of a QMHP providing services to individuals with mental illness and at least one year of experience, including the 12 weeks of supervised experience. "Quality improvement plan" means a detailed work plan developed by a provider that defines steps the provider will take to review the quality of services it provides and to manage initiatives to improve quality. A quality improvement plan consists of systematic and continuous actions that lead to measurable improvement in the services, supports, and health status of the individuals receiving services. "Recovery" means a journey of healing and transformation enabling an individual with a mental illness to live a meaningful life in a community of his choice while striving to achieve his full potential. For individuals with substance abuse (substance use disorders), recovery is an incremental process leading to positive social change and a full return to biological, psychological, and social functioning. For individuals with a developmental disability, the concept of recovery does not apply in the sense that individuals with a developmental disability will need supports throughout their entire lives although these may change over time. With supports, individuals with a developmental disability are capable of living lives that are fulfilling and satisfying and that bring meaning to themselves and others they know. "REACH crisis therapeutic home" or "REACH CTH" means a residential home with crisis stabilization REACH service for individuals with a developmental disability and who are experiencing a mental health or behavior crisis. "REACH mobile crisis response" means a REACH service that provides mobile crisis response for individuals with a developmental disability and who are experiencing a mental health or behavior crisis. "Referral" means the process of directing an applicant or an individual to a provider or service that is designed to provide the assistance needed. "Regional education assessment crisis services habilitation" or "REACH" means the statewide crisis system of care that is designed to meet the crisis support needs of individuals who have a developmental disability and are experiencing mental health or behavior crisis events that put the individuals at risk for homelessness, incarceration, hospitalization, or danger to self or others. "Rehabilitation skills practice" means a subcomponent of restorative evidence-based therapeutic interventions for individuals who need individualized, collaborative, hands-on training to build developmentally appropriate skills. "Residential" or "residential service" means providing 24-hour support in conjunction with care and treatment or a training program in a setting other than a hospital or training center. Residential services provide a range of living arrangements from highly structured and intensively supervised to relatively independent and requiring a modest amount of staff support and monitoring. Residential services include residential treatment, group homes, supervised living, community gero-psychiatric residential, ICF/IID, sponsored residential homes, withdrawal management, and neurobehavioral services. "Residential crisis stabilization service" means (i) providing short-term, intensive treatment to nonhospitalized individuals who require multidisciplinary treatment in order to stabilize acute psychiatric symptoms and prevent admission to a psychiatric inpatient unit; (ii) providing normative environments with a high assurance of safety and security for crisis intervention; and (iii) mobilizing the resources of the community support system, family members, and others for ongoing rehabilitation and recovery. "Residential treatment service" means providing an intensive and highly structured clinically based mental health, substance abuse, or neurobehavioral service for co-occurring disorders in a residential setting other than an inpatient service. "Respite care service" means providing for a short-term, time-limited period of care of an individual for the purpose of providing relief to the individual's family, guardian, or regular caregiver. Persons providing respite care are recruited, trained, and supervised by a licensed provider. These services may be provided in a variety of settings including residential, day support, in-home, or a sponsored residential home. "Restorative evidence-based therapeutic interventions" means evidence-based practices designed to decrease symptoms of the individual's mental health diagnosis, restore functional skills of daily living, build natural supports, and achieve identified person-centered goals and objectives as set forth in the ISP. Restorative evidence-based therapeutic interventions are focused on the individual's ability to succeed in the community and to show improvement in school, work, and home functioning. "Restraint" means the use of a mechanical device, medication, physical intervention, or hands-on hold to prevent an individual receiving services from moving his body to engage in a behavior that places him or others at imminent risk. There are three kinds of restraints: 1. Mechanical restraint means the use of a mechanical device that cannot be removed by the individual to restrict the individual's freedom of movement or functioning of a limb or portion of an individual's body when that behavior places him or others at imminent risk. 2. Pharmacological restraint means the use of a medication that is administered involuntarily for the emergency control of an individual's behavior when that individual's behavior places him or others at imminent risk and the administered medication is not a standard treatment for the individual's medical or psychiatric condition. 3. Physical restraint, also referred to as manual hold, means the use of a physical intervention or hands-on hold to prevent an individual from moving his body when that individual's behavior places him or others at imminent risk. "Restraints for behavioral purposes" means using a physical hold, medication, or a mechanical device to control behavior or involuntarily restrict the freedom of movement of an individual in an instance when all of the following conditions are met: (i) there is an emergency; (ii) nonphysical interventions are not viable; and (iii) safety issues require an immediate response. "Restraints for medical purposes" means using a physical hold, medication, or mechanical device to limit the mobility of an individual for medical, diagnostic, or surgical purposes, such as routine dental care or radiological procedures and related post-procedure care processes, when use of the restraint is not the accepted clinical practice for treating the individual's condition. "Restraints for protective purposes" means using a mechanical device to compensate for a physical or cognitive deficit when the individual does not have the option to remove the device. The device may limit an individual's movement, for example, bed rails or a gerichair, and prevent possible harm to the individual or it may create a passive barrier, such as a helmet to protect the individual. "Restriction" means anything that limits or prevents an individual from freely exercising his rights and privileges. "Risk management" means an integrated system-wide program to ensure the safety of individuals, employees, visitors, and others through identification, mitigation, early detection, monitoring, evaluation, and control of risks. "Root cause analysis" means a method of problem solving designed to identify the underlying causes of a problem. The focus of a root cause analysis is on systems, processes, and outcomes that require change to reduce the risk of harm. "Screening" means the process or procedure for determining whether the individual meets the minimum criteria for initial assessment. "Seclusion" means the involuntary placement of an individual alone in an area secured by a door that is locked or held shut by a staff person, by physically blocking the door, or by any other physical means so that the individual cannot leave the area. "Serious emotional disturbance" or "SED" means an individual younger than 18 years of age having within the past year a diagnosable mental, behavioral, or emotional disorder resulting in functional impairment that substantially interferes with or limits the individual's role or functioning in family, school, or community activities. "Serious incident" means any event or circumstance that causes or could cause harm to the health, safety, or well-being of an individual. The term "serious incident" includes death and serious injury. "Level I serious incident" means a serious incident that occurs or originates during the provision of a service or on the premises of the provider and does not meet the definition of a Level II or Level III serious incident. Level I serious incidents do not result in significant harm to individuals but may include events that result in minor injuries that do not require medical attention or events that have the potential to cause serious injury, even when no injury occurs. "Level II serious incident" means a serious incident that occurs or originates during the provision of a service or on the premises of the provider that results in a significant harm or threat to the health and safety of an individual that does not meet the definition of a Level III serious incident. "Level II serious incident" includes a significant harm or threat to the health or safety of others caused by an individual. Level II serious incidents include: 1. A serious injury; 2. An individual who is or was missing; 3. An emergency room visit; 4. An unplanned psychiatric or unplanned medical hospital admission of an individual receiving services other than licensed emergency services, except that a psychiatric admission in accordance with an individual's wellness plan shall not constitute an unplanned admission for the purposes of this chapter; 5. Choking incidents that require direct physical intervention by another person; 6. Ingestion of any hazardous material; or 7. A diagnosis of: a. A decubitus ulcer or an increase in severity of level of previously diagnosed decubitus ulcer; b. A bowel obstruction; or c. Aspiration pneumonia. "Level III serious incident" means a serious incident, whether or not the incident occurs while in the provision of a service or on the provider's premises, that results in:
2. A sexual assault of an individual; or
3. A suicide attempt by an individual admitted for services, other than licensed emergency services, that results in a hospital admission. "Serious injury" means any injury resulting in bodily hurt, damage, harm, or loss that requires medical attention by a licensed physician, doctor of osteopathic medicine, physician assistant, or nurse practitioner. "Serious mental illness" or "SMI" means an individual 18 years of age or older having within the past year a diagnosable mental, behavioral, or emotional disorder that substantially interferes with the individual's life and ability to function. "Service" means, as defined by § 37.2-403 of the Code of Virginia, (i) planned individualized interventions intended to reduce or ameliorate mental illness, developmental disabilities, or substance abuse (substance use disorders) through care, treatment, training, habilitation, or other supports that are delivered by a provider to individuals with mental illness, developmental disabilities, or substance abuse (substance use disorders). Services include outpatient services, intensive in-home services, medication for opioid use disorder treatment services, inpatient psychiatric hospitalization, community gero-psychiatric residential services, assertive community treatment and other clinical services; day support, day treatment, partial hospitalization, psychosocial rehabilitation, and habilitation services; case management services; and supportive residential, special school, halfway house, in-home services, crisis stabilization, and other residential services; and (ii) planned individualized interventions intended to reduce or ameliorate the effects of brain injury through care, treatment, or other supports provided in residential services for persons with brain injury. "Shall" means an obligation to act is imposed. "Shall not" means an obligation not to act is imposed. "Signed" or "signature" means a handwritten signature, an electronic signature, or a digital signature, as long as the signer showed clear intent to sign. "Skills training" means systematic skill building through curriculum-based psychoeducational and cognitive-behavioral interventions. These interventions break down complex objectives for role performance into simpler components, including basic cognitive skills such as attention, to facilitate learning and competency. "Sponsored residential home" means a service where providers arrange for, supervise, and provide programmatic, financial, and service support to families or persons (sponsors) providing care or treatment in their own homes for individuals receiving services. "State opioid treatment authority" or "SOTA" means the Virginia Department of Behavioral Health and Developmental Services, which is authorized by the federal Center for Substance Abuse Treatment to exercise the responsibility and authority for governing the treatment of opioid use disorder with MOUD. "Substance abuse (substance use disorders)" means, as defined by § 37.2-100 of the Code of Virginia, the use of drugs enumerated in the Virginia Drug Control Act (§ 54.1-3400 et seq.) without a compelling medical reason or alcohol that (i) results in psychological or physiological dependence or danger to self or others as a function of continued and compulsive use or (ii) results in mental, emotional, or physical impairment that causes socially dysfunctional or socially disordering behavior; and (iii), because of such substance abuse, requires care and treatment for the health of the individual. This care and treatment may include counseling, rehabilitation, or medical or psychiatric care. "Substance abuse intensive outpatient service" or "Level of care 2.1" means structured treatment provided to individuals who require more intensive services than is normally provided in an outpatient service but do not require inpatient services. Treatment consists primarily of counseling and education about addiction-related and mental health challenges delivered a minimum of nine to 19 hours of services per week for adults or six to 19 hours of services per week for children and adolescents. Within this level of care an individual's needs for psychiatric and medical services are generally addressed through consultation and referrals. "Substance abuse outpatient service" or "Level of care 1.0" means a center-based substance abuse treatment delivered to individuals for fewer than nine hours of service per week for adults or fewer than six hours per week for adolescents on an individual, group, or family basis. Substance abuse outpatient services may include diagnosis and evaluation, screening and intake, counseling, psychotherapy, behavior management, psychological testing and assessment, laboratory and other ancillary services, medical services, and medication services. Substance abuse outpatient service includes substance abuse services or an office practice that provides professionally directed aftercare, individual, and other addiction services to individuals according to a predetermined regular schedule of fewer than nine contact hours a week. Substance abuse outpatient service also includes: 1. Substance abuse services operated by a community services board or a behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; 2. Substance abuse services contracted by a community services board or a behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; or 3. Substance abuse services that are owned, operated, or controlled by a corporation organized pursuant to the provisions of either Chapter 9 (§ 13.1-601 et seq.) or Chapter 10 (§ 13.1-801 et seq.) of Title 13.1 of the Code of Virginia. "Substance abuse partial hospitalization services" or "Level of care 2.5" means a short-term, nonresidential substance use treatment program provided for a minimum of 20 hours a week that uses multidisciplinary staff and is provided for individuals who require a more intensive treatment experience than intensive outpatient treatment but who do not require residential treatment. This level of care is designed to offer highly structured intensive treatment to those individuals whose condition is sufficiently stable so as not to require 24-hour-per-day monitoring and care, but whose illness has progressed so as to require consistent near-daily treatment intervention. "Suicide attempt" means a nonfatal, self-directed, potentially injurious behavior with an intent to die as a result of the behavior regardless of whether it results in injury. "Supervised living residential service" means the provision of significant direct supervision and community support services to individuals living in apartments or other residential settings. These services differ from supportive in-home service because the provider assumes responsibility for management of the physical environment of the residence, and staff supervision and monitoring are daily and available on a 24-hour basis. Services are provided based on the needs of the individual in areas such as food preparation, housekeeping, medication administration, personal hygiene, treatment, counseling, and budgeting. "Supportive in-home service" (formerly supportive residential) means the provision of community support services and other structured services to assist individuals, to strengthen individual skills, and that provide environmental supports necessary to attain and sustain independent community residential living. Services include drop-in or friendly-visitor support and counseling to more intensive support, monitoring, training, in-home support, respite care, and family support services. Services are based on the needs of the individual and include training and assistance. These services normally do not involve overnight care by the provider; however, due to the flexible nature of these services, overnight care may be provided on an occasional basis. "Systemic deficiency" means violations of regulations documented by the department that demonstrate multiple or repeat defects in the operation of one or more services. "Telehealth" shall have the same meaning as "telehealth services" in § 32.1-122.03:1 of the Code of Virginia. "Telemedicine" shall have the same meaning as "telemedicine services" in § 38.2-3418.16 of the Code of Virginia. "Therapeutic day treatment for children and adolescents" means a treatment program that serves (i) children and adolescents from birth through 17 years of age and under certain circumstances up to 21 years of age with serious emotional disturbances, substance use, or co-occurring disorders or (ii) children from birth through seven years of age who are at risk of serious emotional disturbance, in order to combine psychotherapeutic interventions with education and mental health or substance abuse treatment. Services include: evaluation; medication education and management; opportunities to learn and use daily living skills and to enhance social and interpersonal skills; and individual, group, and family counseling. "Time out" means the involuntary removal of an individual by a staff person from a source of reinforcement to a different, open location for a specified period of time or until the problem behavior has subsided to discontinue or reduce the frequency of problematic behavior. "Volunteer" means a person who, without financial remuneration, provides services to individuals on behalf of the provider. "Withdrawal management" means the dispensing of MOUD in decreasing doses to an individual to alleviate adverse physical effects incident to withdrawal from the continuous or sustained use of an opioid and as a method of bringing the individual to an opioid-free state within such a period. Long-term withdrawal management refers to the process of medication tapering that exceeds 30 days. "Written," "writing," and "in writing" include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42.1 (§ 59.1-479 et seq.) of Title 59.1 of the Code of Virginia is or is not affixed. 12VAC35-105-30. Licenses. A. Licenses are issued to providers who offer services to individuals who have mental illness, a developmental disability, or substance abuse (substance use disorders) or have brain injury and are receiving residential services. B. Providers shall be licensed to provide specific services as defined in this chapter or as determined by the commissioner. These services include: 1. Assertive community treatment (ACT); 2. Case management; 3. Clinically managed high-intensity residential care or Level of care 3.5; 4. Clinically managed low-intensity residential care or Level of care 3.1; 5. Clinically managed population specific high-intensity residential or Level of care 3.3; 6. Community gero-psychiatric residential; 7. Community-based crisis stabilization; 8. Community psychiatric support and treatment for children and adolescents; 9. Community psychiatric support and treatment; 10. Crisis receiving center; 9. 11. Crisis stabilization unit; 10. 12. Day support; 11. 13. Day treatment, including therapeutic day treatment for children and adolescents; 12. 14. Group home and community residential; 13. 15. ICF/IID; 14. 16. Inpatient psychiatric; 15. 17. Intensive in-home; 16. 18. Medically managed intensive inpatient service or Level of care 4.0; 17. 19. Medically monitored intensive inpatient treatment or Level of care 3.7; 18. 20. Medication for opioid use disorder treatment; 19. 21. Mental health community support; 20. 22. Mental health intensive outpatient; 21. 23. Mental health outpatient; 22. 24. Mental health partial hospitalization; 23. 25. Psychosocial rehabilitation; 24. 26. REACH CTH; 25. 27. REACH mobile crisis response; 26. 28. Residential treatment; 27. 29. Respite care; 28. 30. Sponsored residential home; 29. 31. Substance abuse intensive outpatient; 30. 32. Substance abuse outpatient; 31. 33. Substance abuse partial hospitalization; 32. 34. Supervised living residential; and 33. 35. Supportive in-home. C. A license addendum shall describe the services licensed, the disabilities of individuals who may be served, the specific locations where services are to be provided or administered, and the terms and conditions for each service offered by a licensed provider. For residential and inpatient services, the license identifies the number of individuals each residential location may serve at a given time. Part VI Additional Requirements for Selected Services Article 9 Community Psychiatric Support and Treatment 12VAC35-105-1420. (Reserved.) Admission criteria. A. Before a CPST provider may admit an individual to Tier 1 CPST, the individual shall meet the criteria for admission as defined by this chapter and the provider's policies. The provider's policy regarding admission to Tier 1 CPST shall, at a minimum, meet the requirements of 12VAC35-105-650 and the assessment required by that section shall document that the individual:
1. Has either:
a. A primary ICD diagnosis or DSM diagnosis for mental illness; or b. An unspecified or provisional diagnosis indicating behavioral health needs; and 2. For children and adolescents, has an identified caregiver who lives in the same household and is willing to participate in the service, as clinically appropriate. B. Before a CPST provider may admit an individual to Tier 2 CPST, the individual shall meet the criteria for admission as defined by this chapter and the provider's policies. The provider's policy regarding admission to Tier 2 CPST shall, at a minimum, meet the requirements of 12VAC35-105-650 and the assessment required by that section shall document that the individual:
1. Has a primary ICD diagnosis or DSM diagnosis for mental illness;
2. Meets the criteria for early serious mental illness, serious mental illness, or serious emotional disturbance; and3. For children and adolescents, has an identified caregiver who lives in the same household and is willing to participate in the service, as clinically appropriate. 12VAC35-105-1421. Discharge criteria. Before a CPST provider may discharge an individual, the individual shall meet the criteria for discharge as defined by this chapter and the provider's policies. The provider's policy regarding discharge shall, at a minimum, meet the requirements of 12VAC35-105-693 and also require the individual to:
2. Successfully meet the specific goals outlined in the treatment plan for discharge;
3. Have not made progress on established service goals, or have no expectation of any progress with continued service; 4. No longer be engaged in the service, despite multiple attempts on the part of the provider to apply engagement strategies as defined within the provider's policies; or 5. No longer need the service, as the individual is obtaining similar benefit through other services and resources. 12VAC35-105-1423. Treatment team and staffing. A. CPST providers shall have sufficient staffing composition to meet the varied needs of individuals served by the provider as required by this section. Each CPST provider shall meet the following minimum position requirements:
1. A full-time clinical director who is an LMHP.
2. An LMHP with at least one year of experience working with individuals experiencing SMI or SED shall be available for consultation 24 hours a day, seven days a week.
B. Each CPST team shall meet the following minimum staffing requirements:
1. An LMHP who shall supervise the team, oversee the assessment and the ISP, and authorize the ISP. Assessments and ISPs may be completed by an LMHP, LMHP-R, LMHP-RP, or LMHP-S; and 2. Each LMHP, LMHP-R, LMHP-RP, LMHP-S, QMHP, and QMHP-T shall be trained in evidence-based practices and decision models for assessment, treatment planning, and implementation of behavioral health interventions.
C. All CPST staff shall provide services under the direct supervision of an LMHP.
D. Applicants for an initial conditional CPST license may submit a transition plan to the department for approval that will allow for "start-up" when newly forming providers are not in full compliance with the CPST model relative to staffing patterns and individuals receiving services capacity. A transition plan must be approved prior to the issuance of the license. Approved transition plans shall be limited to a six-month period. 12VAC35-105-1424. Service delivery. A. CPST programming shall take place in: 1. An individual's home; 2. An individual's community or natural settings; or 3. A provider's department-licensed office location. Services provided in the provider's department-licensed office location shall not exceed 50% of service delivery hours per week per individual served and shall be for the benefit of the individual.
B. CPST Tier 1 and Tier 2 programs shall meet the following programmatic requirements. The program shall provide:
1. Crisis support 24 hours a day, seven days per week. Crisis support shall include the development and implementation of a crisis mitigation plan, any additional crisis planning necessary for the individual, crisis avoidance, and crisis intervention. Crisis support shall be provided by an LMHP, LMHP-R, LMHP-RP, LMHP-S, QMHP, or QMHP-T. Before referring to any external crisis resource, the provider shall attempt internal crisis support. a. Crisis support may occur via telephone or telemedicine. The individual's needs and preferences shall be the determining factor regarding whether crisis support is provided in person, via telemedicine, or via telephone. b. If the individual's condition progresses and requires a higher level of care, the individual shall be referred to the appropriate level of care. 2. Restorative evidence-based therapeutic interventions by an LMHP, LMHP-R, LMHP-RP, LMHP-S, QMHP, or QMHP-T. If restorative evidence-based therapeutic interventions are provided in a group with multiple individuals, the ratio of team members to individuals served shall not exceed 1:8 for children and adolescents and 1:12 for adults. 3. Psychotherapy or counseling by an LMHP, LMHP-S, LMHP-R, or LMHP-RP acting within the professional's scope of practice. If psychotherapy or counseling is provided in a group with multiple individuals, the ratio of team members to individuals served shall not exceed 1:8 for children and adolescents and 1:12 for adults. 4. Care coordination on an individual basis by an LMHP, LMHP-R, LMHP-RP, LMHP-S, QMHP, or QMHP-T. C. CPST Tier 2 programs shall provide all the programmatic elements described in subdivisions B 1 through B 4 of this section and rehabilitation skills practice by an LMHP, LMHP-R, LMHP-RP, LMHP-S, QMHP, QMHP-T, or BHT. Rehabilitation skills practice shall be provided on an individual basis. 12VAC35-105-1425. Location requirements. A. All CPST providers shall have an office location. The office location shall be within the Commonwealth and have regular business hours. The office location shall be staffed during regular business hours. B. The CPST office location shall be appropriate for storage of records and group programming. Records storage space shall meet the requirements of 12VAC35-105-870. Programming space shall ensure the privacy of individuals served. VA.R. Doc. No. R26-8445; Filed September 17, 2026TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSINGBOARD OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGYFast-TrackTITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY Fast-Track Regulation Title of Regulation: 18VAC30-21. Regulations Governing Audiology and Speech-Language Pathology (amending 18VAC30-21-60). Statutory Authority: § 54.1-2400 of the Code of Virginia. Public Hearing Information: No public hearing is currently scheduled. Public Comment Deadline: November 18, 2026. Effective Date: December 3, 2026. Agency Contact: Kelli Moss, Executive Director, Board of Audiology and Speech-Language Pathology, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 597-4132, fax (804) 939-5238, or email kelli.moss@dhp.virginia.gov. Basis: Section 54.1-2400 of the Code of Virginia authorizes the Board of Audiology and Speech-Language Pathology to promulgate regulations that are reasonable and necessary to effectively administer the regulatory system. Purpose: This action is essential to protect the health, safety, and welfare of citizens because the General Assembly has directed the board to regulate the profession. This change is in the best interest of the profession and increases the available number of audiologists in Virginia. Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the proposed change is a reinsertion of language that was previously in regulation and was mistakenly removed by a previous regulatory action. Substance: The amendment permits an applicant who holds a current and unrestricted certification issued by the ABA to obtain a license. Issues: The primary advantage to the public is an increase in pathways for individuals who want to obtain a license as an audiologist, possibly increasing the number of audiologists in Virginia. There are no disadvantages to the public. There are no advantages or disadvantages to the agency or the Commonwealth. Department of Planning and Budget Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1 Summary of the Proposed Amendments to Regulation. The Board of Audiology and Speech-Language Pathology (board) seeks to amend the qualifications for initial licensure to re-insert language that had been erroneously removed in a previous action. Background. The qualifications for initial licensure (18VAC30-21-60) previously stated that the board may grant an initial license to an applicant who holds a current and unrestricted certification issued by the American Board of Audiology (ABA). This language was unintentionally struck in an action that became effective in February 2025.2 The American Academy of Audiology filed a petition for rulemaking in December 2025 to include the ABA certification as a pathway to licensure.3 The board seeks to insert language that would once again include the ABA certification as an acceptable qualification for licensure. Estimated Benefits and Costs. The proposed amendment would correct the regulatory text and resolve any confusion regarding eligibility for licensure as an audiologist or speech-language pathologist. The Department of Health Professions (DHP) reports that applicants with ABA certification comprise a small minority of license applicants and that the board did not see a drop in license applications due to the 2025 regulatory action. Thus, DHP does not expect the proposed change to lead to a significant increase in the number of applicants. To the extent that any new candidates for licensure holding an ABA certification have refrained from applying since February 2025, the proposed change would benefit those candidates by clearly establishing their eligibility in the regulation. Businesses and Other Entities Affected. The proposed amendment would benefit individuals with an ABA certification by (once again) including it in the acceptable qualifications for licensure. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.4 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.5 As noted above, since the proposed amendment is intended to correct an error and not establish a brand new pathway to licensure, it would not increase net costs or reduce net benefits. Thus, an adverse impact is not indicated. Small Businesses6 Affected.7 The proposed amendments would not adversely affect small businesses. Localities8 Affected.9 The proposed amendments would not disproportionately affect any locality in particular. The proposed amendments do not introduce costs for local governments. Projected Impact on Employment. The proposed amendments would not affect total employment. Effects on the Use and Value of Private Property. The proposed amendments would not affect the use and value of private property. The proposed amendments do not affect real estate development costs. _____________________________ 1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property. 2 See https://townhall.virginia.gov/L/ViewStage.cfm?stageid=9924. 3 See https://townhall.virginia.gov/L/viewpetition.cfm?petitionid=447. 4 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. 5 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation. 6 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million." 7 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified. 8 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur. 9 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact. Agency Response to Economic Impact Analysis: The Board of Audiology and Speech-Language Pathology concurs with the economic impact analysis prepared by the Department of Planning and Budget. Summary: In response to a petition for rulemaking, the amendments permit an applicant who holds a current and unrestricted certification issued by the American Board of Audiology to obtain a license. 18VAC30-21-60. Qualifications for initial licensure. A. The board may grant an initial license to an applicant for licensure in audiology or speech-language pathology who: 1. Holds a current and unrestricted Certificate of Clinical Competence issued by ASHA; or 2. Holds a current and unrestricted certification issued by the ABA; or 3. Submits evidence of the following: a. Documentation of graduation from a program accredited by the Council on Academic Accreditation of ASHA or an equivalent accrediting body recognized by the board; b. Passage of the qualifying examination from an accrediting body recognized by the board; and c. Evidence of six months of practice pursuant to a provisional license as described in 18VAC30-21-70 and submission of recommendation for licensure from the applicant's supervisor during practice as a provisional licensee. B. The board may grant a license to an applicant as a school speech-language pathologist who holds a master's degree in speech-language-pathology. C. The board may refuse to issue a license to any applicant who has been determined to have committed an act in violation of 18VAC30-21-160.VA.R. Doc. No. R27-8641; Filed September 21, 2026TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSINGBOARD FOR BARBERS AND COSMETOLOGYNotice of Extension of Emergency RegulationTITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD FOR BARBERS AND COSMETOLOGY Notice of Extension of Emergency Regulation Title of Regulation: 18VAC41-20. Barbering and Cosmetology Regulations (amending 18VAC41-20-10, 18VAC41-20-100, 18VAC41-20-140, 18VAC41-20-160, 18VAC41-20-170, 18VAC41-20-180, 18VAC41-20-260, 18VAC41-20-270, 18VAC41-20-280; adding 18VAC41-20-35). Statutory Authority: §§ 54.1-201 and 54.1-700.1 of the Code of Virginia. The Governor has approved the request of the Board for Barbers and Cosmetology to extend the expiration date of the emergency regulation for 18VAC41-20 for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulation is continued in effect through April 28, 2027. This extension is required to avoid a negative impact on cosmetologists practicing pursuant the Cosmetology Compact. The board is currently waiting for the completion of Executive Branch review of the final regulation. The emergency regulation was published in 41:17 VA.R. 1817-1825 April 7, 2025. Effective Date Extended Through: April 28, 2027. Agency Contact: Ashley Reed, Executive Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, fax (866) 245-9693, or email barbercosmo@dpor.virginia.gov.VA.R. Doc. No. R25-8183; Filed September 23, 2026TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSINGCEMETERY BOARDFinalTITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING CEMETERY BOARD Final Regulation REGISTRAR'S NOTICE: The Cemetery Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision. Title of Regulation: 18VAC47-20. Cemetery Board Rules and Regulations (amending 18VAC47-20-150). Statutory Authority: § 54.1-2313 of the Code of Virginia. Effective Date: December 1, 2026. Agency Contact: Anika Coleman, Executive Director, Cemetery Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, fax (866) 826-8863, or email cemetery@dpor.virginia.gov. Summary: Pursuant to Chapter 772 of the 2026 Acts of Assembly, the amendments (i) provide that the Cemetery Board may take disciplinary cases under advisement in lieu of other disciplinary sanctions as provided for in § 54.1-201 A 7 of the Code of Virginia and (ii) clarify the actions the board may take against a credential held by a regulant. 18VAC47-20-150. Grounds for disciplinary action. The In accordance with § 54.1-2314 of the Code of Virginia, the board may suspend a license or registration for a stated period or indefinitely, revoke any license or registration, censure or reprimand or impose a monetary penalty against any person licensed or registered by the board or (i) suspend, (ii) place such person on probation for such time as it may designate, (iii) fail to renew, or (iv) revoke any license or registration when any licensee or registrant has been found to have violated or cooperated with others in violating any provision of Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code of Virginia or any regulation of the board. The board may also take a case against a licensee or registrant under advisement as provided for in § 54.1-201 A 7 of the Code of Virginia.VA.R. Doc. No. R27-8804; Filed September 24, 2026TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSINGBOARD OF PHARMACYProposedTITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD OF PHARMACY Proposed Regulation Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy (amending 18VAC110-20-112, 18VAC110-20-276; adding 18VAC110-20-277). Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia. Public Hearing Information: December 8, 2026 - 9:01 a.m. - Department of Health Professions, 9960 Mayland Drive, Suite 201, Board Room Four, Henrico, VA 23233. Public Comment Deadline: December 18, 2026. Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4456, fax (804) 527-4472, or email caroline.juran@dhp.virginia.gov. Basis: Regulations of the Board of Pharmacy are promulgated under the general authority of § 54.1-2400 of the Code of Virginia, which states that the general powers and duties of health regulatory boards shall be to promulgate regulations that are reasonable and necessary to administer effectively the regulatory system. Purpose: This action is essential to protect the health, safety, and welfare of citizens because it broadens accessibility of pharmacy services to the public. Substance: The proposed amendments (i) ensure that pharmacy technicians and pharmacy interns performing the duties of pharmacy technicians are able to access remote databases of the pharmacy employer to perform functions listed in 18VAC110-20-276 A and (ii) provide a framework for use of central fill pharmacies, including requirements for operation and dispensing at a central fill pharmacy. Issues: The primary advantage to the public is faster refilling of prescriptions that may be outsourced to a central fill pharmacy or for which tasks may be completed remotely prior to dispensing the prescription. There are no disadvantages to the public. There are no advantages or disadvantages to the agency or the Commonwealth. Department of Planning and Budget Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1 Summary of the Proposed Amendments to Regulation. In response to two pilot programs and 2024 legislation, the Board of Pharmacy (board) proposes a permanent regulation to replace an emergency regulation that amended provisions related to central fill pharmacies and pharmacy technician remote database access.2 Background. Chapter 407 of the 2024 Acts of Assembly directs the board to promulgate regulations authorizing a pharmacy to outsource tasks associated with dispensing a prescription drug, including verification for accuracy by a pharmacist and alternate delivery to the pharmacy that received the prescription, to a central fill pharmacy permitted as a pharmacy or registered as a nonresident pharmacy. Chapter 407 further specified that the regulation would allow central fill pharmacies to (i) operate when sufficient automation is employed to safely support the work and limit distractions for pharmacy personnel, (ii) prohibit central fill pharmacies from accepting prescriptions or communications directly from patients or providers, and (iii) restrict the type of drugs being dispensed by central fill pharmacies to Schedule VI drugs, which have the lowest potential for abuse or dependency of all scheduled drugs. Other specific elements to be addressed in the proposed regulation include: (i) the maximum number of persons performing the duties of a pharmacy technician and support personnel a pharmacist may supervise at one time; (ii) pharmacist verification of a drug canister after filling but prior to being placed on a barcoded automated robotic dispenser, in lieu of pharmacist verification of each prescription product; (iii) a one-time written notification or sign of the dispensing and delivery process at the initiating pharmacy receiving the prescription; (iv) allowance for an unregistered and unlicensed person to assist in non-dispensing functions such as inventory, delivery, receiving, or packing of completed prescription orders when supported by barcode scanning or other technology; and (v) delivery of the dispensed drug to the patient's residence or originating pharmacy that received the prescription. The transfer of the prescriptions shall not be required if the pharmacies share a common electronic file or have technology that allows sufficient information necessary for dispensing the prescription. Chapter 407 also directed the board to promulgate regulations that would allow pharmacy technicians to access the pharmacy database from a remote location to perform certain prescription processing functions. Lastly, Chapter 407 stated that the board shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment. Accordingly, an emergency regulation was promulgated on June 16, 2025, and is currently set to expire on December 15, 2026.3 The Department of Health Professions (DHP) reports that the legislation, emergency regulation, and proposed regulation are all based on existing board pilot programs. The pilot programs were authorized at the Leesburg Pharmacy, also known as The Compounding Center (now Strive Compounding Pharmacy), and at Walgreens Central Fill #21420. The programs were approved through orders signed by the Executive Director of the board on October 27, 2023, and May 22, 2023, respectively.4 The proposed changes, which are identical to the emergency regulation except for a few grammatical corrections and minor clarifications, would implement the legislative mandate by making the following amendments: 18VAC110-20-112 currently specifies that a pharmacist can supervise a maximum of four technicians and 18VAC110-20-276 currently only allows licensed pharmacists to have remote access to the pharmacy database. The board proposes to amend 18VAC110-20-276 to expand remote access to the pharmacy database to registered pharmacy technicians and pharmacy interns performing the duties of a pharmacy technician. Further, pharmacists would be allowed to supervise up to six pharmacy technicians as long as a maximum of four of the six would be onsite at the pharmacy, and the rest were working remotely. 18VAC110-20-277 would be newly added to incorporate all of the other requirements of the legislation specific to central fill pharmacies. While most of the proposed text is identical to the legislation, some details that would be specified in the proposed text include (i) the tasks that may be performed by unlicensed or unregistered persons, (ii) the number of individuals supervised by a single pharmacist to be capped at 12 licensed or registered persons (pharmacy techs, pharmacy tech trainees, pharmacy interns) and 12 unlicensed or unregistered persons, (iii) the information to be provided to the pharmacy receiving and dispensing the prescription to the customer, (iv) the written policies to be maintained at the central fill pharmacy, and (v) the specific allowances, exemptions, and requirements so that pharmacists would not have to verify every prescription product for accuracy. Estimated Benefits and Costs. The proposed amendments would benefit pharmacies, especially large pharmacy chains, by allowing them to use central fill pharmacy locations to more efficiently fill prescriptions, without having to specifically approach the board and obtain approval for a pilot program to do so. Applying for a pilot program costs $325, so pharmacies that choose to utilize a central fill model under the proposed changes would be saving at least that amount. In practice, the increased supervision ratios, the ability for pharmacy technicians and interns to work remotely, and the use of robotics and barcodes would allow pharmacy chains to centralize their prescription filling operations and thereby increase the volume of prescriptions that can be filled in a given day. These steps could, in turn, lead to reductions in overall operating costs and an increase in revenue. Customers (or payors) may also benefit to the extent that any cost savings to pharmacies are passed on via lower prices. Businesses and Other Entities Affected. The proposed amendments would primarily benefit pharmacy chains operating in Virginia. There were 1,683 licensed pharmacies as of December 2025.5 Based on data previously provided by DHP, roughly 60% of pharmacy licenses are held by retail pharmacy chains and retail grocery chains with onsite pharmacies, which would be most likely to benefit from the proposed changes. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.6 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.7 The proposed amendments would not create any mandatory new costs for pharmacies, nor require any additional registration or fees for pharmacy chains that choose to operate a central fill facility. The proposed changes would only affect pharmacies that choose to open a central fill location. Thus, an adverse impact is not indicated. Small Businesses8 Affected.9 The proposed changes are not expected to impact small independent pharmacies. Localities10 Affected.11 No locality would be disproportionately affected. Local governments would not be affected. Projected Impact on Employment. The proposed amendments may increase the employment of pharmacy technicians and interns at central fill pharmacy locations, but pharmacies may reduce their employment of pharmacy technicians and interns at regular pharmacy locations if their work can be moved to a central fill location; such impacts would vary depending on the density of pharmacy locations. Effects on the Use and Value of Private Property. The value of private pharmacy chains would increase to the extent that they choose to use central fill pharmacy locations to optimize their operations and experience cost savings and/or revenue growth as a result. Real estate development costs would not be affected. _____________________________ 1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property. 2 More information about the legislative mandate is available on the Virginia Regulatory Town Hall at https://townhall.virginia.gov/l/viewmandate.cfm?mandateid=1399. 3 See the Emergency stage at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=10383. 4 Details of the orders and allowances in the pilot programs can be found in pages 38-50 of board June 20th, 2024 meeting agenda: https://townhall.virginia.gov/L/GetFile.cfm?File=meeting\30\38590\Agenda_DHP_38590_v3.pdf 5 Data source: https://www.dhp.virginia.gov/about/stats/2026Q2/04CurrentLicenseCountQ2FY2026.pdf. 6 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. 7 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation. 8 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million." 9 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified. 10 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur. 11 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact. Agency Response to Economic Impact Analysis: The Board of Pharmacy concurs with the economic impact analysis prepared by the Department of Planning and Budget. Summary: Pursuant to Chapter 407 of the 2024 Acts of Assembly, the proposed amendments allow the use of central fill pharmacies and remote database access on a case-by-case basis as part of pilot programs approved by the board. The proposed amendments establish the terms of those pilot programs, including requirements for operation and dispensing, which include (i) automation requirements; (ii) requirements for acceptance of prescriptions, recordkeeping, patient notification, verification and accuracy, quarterly auditing, policies and procedures, and packaging and labeling; (iii) limitation of dispensing to Schedule VI drugs; (iv) supervision allowances and limitations for pharmacy technicians and unlicensed personnel; (v) allowances for delivery of drugs and returns; (vi) nondispensing functions that may be performed by unlicensed personnel; and (vii) an exemption for the requirement to transfer prescriptions between pharmacies when the pharmacies are a recipient pharmacy and a central fill pharmacy. 18VAC110-20-112. Supervision of pharmacy technicians. A. A pharmacist shall determine the number of pharmacy interns, pharmacy technicians, and pharmacy technician trainees he the pharmacist can safely and competently supervise at one time; however, no pharmacist shall supervise more than four persons performing the duties of a pharmacy technician at one time, except as provided in 18VAC110-20-276 and 18VAC110-20-277. B. In addition to the acts restricted to a pharmacist in § 54.1-3320 A of the Code of Virginia, a pharmacist shall provide personal supervision of compounding of extemporaneous preparations by pharmacy technicians. 18VAC110-20-276. Central or remote processing. A. Centralized or remote processing of a prescription does not include the dispensing of a drug, but does include any of the following activities related to the dispensing process: 1. Receiving, interpreting, analyzing, or clarifying prescriptions; 2. Entering prescription and patient data into a data processing system; 3. Transferring prescription information; 4. Performing a prospective drug review as set forth in § 54.1-3319 of the Code of Virginia; 5. Obtaining refill or substitution authorizations, or otherwise communicating with the prescriber concerning a patient's prescription; 6. Interpreting clinical data for prior authorization for dispensing; 7. Performing therapeutic interventions; or 8. Providing drug information or counseling concerning a patient's prescription to the patient or patient's agent. B. A pharmacy may outsource certain prescription processing functions as described in subsection A of this section to another pharmacy in Virginia or a registered nonresident pharmacy under the following conditions: 1. The pharmacies shall either have the same owner or have a written contract describing the scope of services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with all federal and state laws and regulations related to the practice of pharmacy; 2. Any central or remote pharmacy shall comply with Virginia law and regulation with respect to requirements for supervision of pharmacy technicians and the duties that are restricted to pharmacists and pharmacy technicians. Pharmacy technicians at the remote pharmacy shall either be registered in Virginia or possess credentials substantially equivalent to those required for a technician registered in Virginia; 3. A pharmacist licensed in Virginia, whether at the remote pharmacy or the dispensing pharmacy, shall perform a check for accuracy on all processing done by the remote processor; and 4. The pharmacies shall share a common electronic file or have technology that allows sufficient information necessary to process a nondispensing function. C. Any pharmacy that outsources prescription processing to another pharmacy shall provide notification of such to patients. A one-time written notification or a sign posted in the pharmacy in a location that is readily visible to the public will satisfy this notification requirement. The notice shall state the name of any contract pharmacy providing central or remote prescription processing. If the pharmacy uses a network of pharmacies under common ownership, this fact shall be disclosed in the notice. D. A policy and procedure manual that relates to central or remote processing shall be maintained at each pharmacy involved in the processing of a prescription and available for inspection. The manual shall at a minimum include the following:
1. The responsibilities of each pharmacy;
2. A list of the name, address, telephone numbers, and permit/registration permit or registration numbers of all pharmacies involved in central or remote processing; 3. Procedures for protecting the confidentiality and integrity of patient information; 4. Procedures for ensuring that pharmacists performing prospective drug reviews have access to appropriate drug information resources; 5. Procedures for maintaining required records; 6. Procedures for complying with all applicable laws and regulations to include counseling; 7. Procedures for objectively and systematically monitoring and evaluating the quality of the program to resolve problems and improve services; and 8. Procedures for annually reviewing the written policies and procedures for needed modifications and documenting such review. E. In addition to any other required records, pharmacies engaged in central or remote processing shall maintain retrievable records that show, for each prescription processed, each individual processing function and identity of the pharmacist or pharmacy technician who performs a processing function and the pharmacist who checked the processing function, if applicable. 1. The records may be maintained separately by each pharmacy, or in a common electronic file shared by both pharmacies provided the system can produce a record showing each processing task, the identity of the person performing each task, and the location where each task was performed. 2. The record shall be readily retrievable for at least the past two years through the primary dispensing pharmacy, and shall be available for inspection by the board. F. Nothing in this section shall prohibit an individual employee licensed as a pharmacist or registered as a pharmacy technician or pharmacy intern performing the duties of a pharmacy technician in Virginia from accessing the employer pharmacy's database from a remote location for the purpose of performing certain prescription processing functions as described in subsection A of this section, provided the pharmacy establishes controls to protect the privacy and security of confidential records. G. A pharmacist may only supervise a maximum of six pharmacy technicians and pharmacy interns performing the duties of pharmacy technicians accessing the employer pharmacy's database from a remote location as provided in subsection F of this section, with a maximum of four of the six on site at the employer pharmacy. The supervising pharmacist shall be readily available to the pharmacy technicians and pharmacy interns, and technology shall be available for adequate supervision of pharmacy technicians and pharmacy interns performing the duties of pharmacy technicians. 18VAC110-20-277. Central fill pharmacy. A. Notwithstanding activities authorized in 18VAC110-20-275, 18VAC110-20-276, and 18VAC110-20-515, a pharmacy located in the Commonwealth or out of state may outsource tasks associated with dispensing a prescription drug, including verification for accuracy by a pharmacist and alternate delivery to the originating pharmacy that received the prescription, to a central fill pharmacy permitted in the Commonwealth as a pharmacy or registered as a nonresident pharmacy.
B. A central fill pharmacy may operate if:
1. Sufficient automation is employed to safely support the practice of pharmacy and limit distractions for pharmacy personnel; 2. The central fill pharmacy does not accept prescriptions or communications directly from patients or providers; and 3. Dispensing is restricted to Schedule VI drugs. C. Notwithstanding § 54.1-3321 of the Code of Virginia, an unregistered or unlicensed person may perform the following non-dispensing functions at a central fill pharmacy: 1. The movement of sealed manufacturer bottles from an inventory shelf to a pharmacy technician's workspace for the purpose of filling a canister when the filling of the canister is completed by a pharmacist, pharmacy intern, pharmacy technician, or pharmacy technician trainee who barcode scans or uses other technology to verify each individual bottle or package of medication prior to filling the canister. 2. Manually bagging prepared prescriptions when barcode scanning or use of other technology is used to verify the prescription product vial, prescription medication leaflet, and prescription bag label. 3. Loading an automated robotic dispenser with the pharmacist-verified and sealed canister when barcode scanning or other technology is used to verify accurate placement of each canister. 4. Performing monthly cycle counts of sealed manufacturer-packaged products and sealed canisters; however, the opening of a sealed manufacturer-packaged product or canister and the counting of an unsealed manufacturer-packaged product or canister is not permitted. D. A pharmacist practicing at a central fill pharmacy may supervise up to 12 licensed or registered persons, to include pharmacy technicians, pharmacy technician trainees, and pharmacy interns, and may supervise up to 12 unregistered or unlicensed persons performing non-dispensing functions authorized in this subsection. Each pharmacist shall determine the number of persons the pharmacist can safely and competently supervise at one time. E. Notwithstanding 18VAC110-20-270 B, pharmacist verification of a canister of medication after it is filled and sealed but prior to being loaded into a barcoded automated robotic dispenser serves as the final product verification of a prescription. Pharmacists shall verify and check for the accuracy of all drugs packaged or repackaged for use by the robot by a visual check of the contents prior to stocking the drugs in the robotic pharmacy system. A repackaging record shall be maintained in accordance with 18VAC110-20-355 A, and the verifying pharmacist shall initial the record. Packaging and labeling, including the appropriate beyond-use date, shall conform to requirements of this chapter and current USP-NF standards. This provision shall not constitute a waiver of the requirement for a pharmacist to verify the accuracy of data entry of the prescription. F. A central fill pharmacy shall ensure that each pharmacy receiving dispensed drugs from the central fill pharmacy shall provide a one-time written notification or a sign posted in the pharmacy in a location that is readily visible to the public as its notification of the dispensing and delivery process. 18VAC110-20-275 B 2 h shall not apply to central fill pharmacies and those pharmacies receiving dispensed drugs from central fill pharmacies. G. A written policy and procedure must be maintained by the central fill pharmacy and complied with and shall include, at minimum, procedures for ensuring: 1. Accurate packaging and repackaging of all drugs for use in the robotic pharmacy system, to include properly labeled barcodes and the method for ensuring pharmacist verification of all packaged and repackaged drugs compliant with this section and assigned barcodes; 2. Accurate stocking and restocking of the robotic pharmacy system; 3. Removing expired drugs; 4. Proper handling of drugs that may be dropped by the robotic pharmacy system; 5. Performing routine maintenance of the robotic pharmacy system as indicated by manufacturer's schedules and recommendations; 6. Appropriately performing an analysis to investigate, identify, and correct sources of discrepancies or errors associated with the robotic pharmacy system; and 7. Maintaining quality assurance reports.
H. All manual picks for dispensing at a central fill pharmacy shall be verified for accuracy by a pharmacist.
I. If it is identified that the robot at a central fill pharmacy selected an incorrect medication, the pharmacy shall identify and correct the source of discrepancy or error in compliance with the pharmacy's policies and procedures prior to resuming full operation of the robot. An investigation of the cause of the event shall be completed, and the outcome of the corrective action plan shall be summarized and documented in a readily retrievable format. J. One prescription per automated dispensing device per quarter shall be redirected to a pharmacist to audit for prescription product accuracy in all components. Quarterly quality assurance records related to these audits shall be maintained for two years from the date the audit is performed. K. A central fill pharmacy may deliver the dispensed drug to the patient's residence or the originating pharmacy that received the prescription pursuant to § 54.1-3420.2 of the Code of Virginia and 18VAC110-20-275. L. An out-of-state pharmacy solely returning a drug that was not delivered to the patient to the central fill pharmacy that dispensed the drug as authorized in § 54.1-3411.1 of the Code of Virginia shall be exempt from obtaining registration as a nonresident pharmacy. M. The transfer of the prescription between the originating pharmacy that received the prescription and the central fill pharmacy shall not be required if the pharmacies share a common electronic file or have technology that allows sufficient information necessary for dispensing the prescription.VA.R. Doc. No. R25-7968; Filed September 29, 2026TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSINGBOARD OF COUNSELINGFast-TrackTITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD OF COUNSELING Fast-Track Regulation Title of Regulation: 18VAC115-80. Regulations Governing the Registration of Qualified Mental Health Professionals (amending 18VAC115-80-110). Statutory Authority: § 54.1-2400 of the Code of Virginia. Public Hearing Information: No public hearing is currently scheduled. Public Comment Deadline: November 18, 2026. Effective Date: December 3, 2026. Agency Contact: Maria S. Stransky, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4610, or email maria.stransky@dhp.virginia.gov. Basis: Section 54.1-2400 of the Code of Virginia authorizes the Board of Counseling to promulgate regulations that are reasonable and necessary to effectively administer the regulatory system. Purpose: This action is essential to protect the health, safety, and welfare of citizens because the General Assembly has determined that the board should regulate qualified mental health professionals (QMHPs) and ensure quality of care. Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and is therefore appropriate for the fast-track rulemaking process because it creates a new pathway to regain a registration as a QMHP-trainee, which could be considered a reduction in burden. Substance: The amendments (i) add a renewal pathway for a QMHP-trainee whose registration has expired within one year and (ii) outline requirements for reinstatement for QMHP-trainees. Issues: The primary advantages to the public are more QMHP-trainees in the workforce. There are no disadvantages to the public. There are no advantages or disadvantages to the agency or the Commonwealth. Department of Planning and Budget Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1 Summary of the Proposed Amendments to Regulation. The Board of Counseling (board) proposes to enable qualified mental health professional2 (QMHP)-trainees whose registration has expired to: (i) renew their registration if it has been expired for one year or less, and (ii) reinstate their registration if it has been expired for more than a year. Background. Prior to an exempt action (Action 6549)3 that became effective May 7, 2025, registration as a QMHP-trainee expired five years from the date of issuance and could not be renewed. Action 6549 amended the regulatory text to have QMHP-trainee registration last one year but be renewable. However, action 6549 did not address late renewal or reinstatement for QMHP-trainee registration. According to the Department of Health Professions (DHP), former QMHP-trainees have contacted the board to ask about returning to become a QMHP-trainee, prompting recognition that the regulation did not provide a pathway for reinstatement. Consequently, the board proposes to establish that a person whose registration as a QMHP-trainee has been expired for more than a year can reinstate it by (i) paying the $75 reinstatement fee and (ii) submitting evidence of enrollment in or completion of a bachelor's degree program from an institution of higher education listed as accredited on the U.S. Department of Education College Accreditation database found on the U.S. Department of Education website or accredited by another accrediting agency recognized by the Board. The education requirement is consistent with the requirement to gain initial QMHP-trainee registration. Additionally, the proposed regulation states that "A person whose registration as a QMHP-trainee has expired may renew it within one year by paying the late renewal fee [$20] and renewal fee [$10]." Estimated Benefits and Costs. There is a relative shortage of QMHPs available to serve the public. The DHP Healthcare Workforce Data Center's publication Virginia's Qualified Mental Health Professional Workforce: 20254 reports that less than one percent of QMHPs are involuntary unemployed. The U.S. Bureau of Labor Statistics also projects strong growth in the demand for mental health-related occupations.5 Enabling QMHP-trainees who are up to one year late in paying their registration renewal to renew by just paying a late fee (in addition to the registration fee) is beneficial for the trainee and employers of trainees. Similarly, allowing former QMHP-trainees to reinstate their registration by paying the $75 reinstatement fee and showing evidence that the education requirement is satisfied would benefit individuals who wish to return to working toward being a QMHP and those who wish to employ them. Moreover, the proposed introduction of late renewal and reinstatement of QMHP-trainee registration may moderately increase the future supply of QMHPs and help alleviate the shortage noted above. Businesses and Other Entities Affected. § 54.1-3500 of the Code of Virginia states in part that a QMHP-trainee "shall provide such services as an employee or independent contractor of the Department of Behavioral Health and Developmental Services, the Department of Corrections, or the Department of Education or a provider licensed by the Department of Behavioral Health and Developmental Services." Thus, these state agencies would be potentially affected by the proposed amendments. As of December 31, 2025, there were 8,288 QMHP-trainees.6 The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.7 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.8 The proposed amendments neither increase net cost nor reduce net benefit for any entity. Thus, no adverse impact is indicated. Small Businesses9 Affected.10 The proposed amendments do not adversely affect small businesses. Localities11 Affected.12 The proposed amendments neither disproportionately affect particular localities nor introduce costs for local governments. Projected Impact on Employment. The proposed amendments may enable employers of QMHPs to fill some currently unfilled QMHP positions. Otherwise, the proposal is unlikely to substantively affect employment. Effects on the Use and Value of Private Property. The proposed amendments may help enable some individuals to become employed as QMHP-trainees and eventually QMHPs, which could increase their net worth. The proposed amendments do not affect real estate development costs _____________________________ 1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property. 2 Section 54.1-3500 of the Code of Virginia defines "qualified mental health professional" as "a person who has (i) completed, at a minimum, a bachelor's degree; (ii) registered with the Board to practice in accordance with the provisions of § 54.1-3520 and the regulations of the Board; and (iii) a combination of work, training, or experience in providing collaborative behavioral health services for youth or adults. A "qualified mental health professional" shall provide such services as an employee or independent contractor of the Department of Behavioral Health and Developmental Services, the Department of Corrections, or the Department of Education or a provider licensed by the Department of Behavioral Health and Developmental Services." 3 See https://www.townhall.virginia.gov/L/ViewAction.cfm?actionid=6549. 4 See page 10: https://www.dhp.virginia.gov/media/dhpweb/docs/hwdc/behsci/0732QMHP2025.pdf. 5 See https://www.bls.gov/opub/ted/2024/strong-growth-projected-in-mental-health-related-employment.htm. 6 See https://www.dhp.virginia.gov/about/stats/2026Q2/04CurrentLicenseCountQ2FY2026.pdf. 7 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. 8 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation. 9 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million." 10 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified. 11 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur. 12 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact. Agency Response to Economic Impact Analysis: The Board of Counseling concurs with the economic impact analysis prepared by the Department of Planning and Budget. Summary: The amendments introduce a reinstatement pathway for qualified mental health professional-trainees. 18VAC115-80-110. Late renewal and reinstatement. A. A person whose registration as a QMHP has expired may renew it within one year after its expiration date by paying the late renewal fee and the registration renewal fee as prescribed in 18VAC115-80-20 for the year in which the registration was not renewed and by providing documentation of completion of continuing education as prescribed in 18VAC115-80-80. B. A person whose registration as a QMHP-trainee has expired may renew the registration within one year by paying the late renewal fee and renewal fee as prescribed by 18VAC115-80-20. C. A person who fails to renew a registration as a QMHP after one year or more shall: 1. Apply for reinstatement; 2. Pay the reinstatement fee for a lapsed registration; 3. Provide a current report from the NPDB, if applicable; and 4. Submit evidence of completion of eight hours of continuing education for each year in which the license has been inactive or lapsed, not to exceed 32 hours. C. D. A person who fails to renew a registration as a QMHP-trainee after one year or more shall: 1. Apply for reinstatement; 2. Pay the reinstatement fee for a lapsed registration; and 3. Submit evidence of enrollment in or completion of a bachelor's degree program as required in 18VAC115-80-65. E. A person whose registration has been suspended or who has been denied reinstatement by board order, having met the terms of the order, may submit a new application and fee for reinstatement of registration as prescribed in 18VAC115-80-20. Any person whose registration has been revoked by the board may, three years subsequent to such board action, submit a new application and fee for reinstatement of registration as prescribed in 18VAC115-80-20. The board in its discretion may, after an administrative proceeding, grant the reinstatement sought in this subsection.VA.R. Doc. No. R27-8407; Filed September 21, 2026TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSINGREAL ESTATE APPRAISER BOARDFinalTITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING REAL ESTATE APPRAISER BOARD Final Regulation REGISTRAR'S NOTICE: The Real Estate Appraiser Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision. Title of Regulation: 18VAC130-20. Real Estate Appraiser Board Rules and Regulations (amending 18VAC130-20-30, 18VAC130-20-60, 18VAC130-20-210, 18VAC130-20-250). Statutory Authority: § 54.1-2013 of the Code of Virginia. Effective Date: December 1, 2026. Agency Contact: Anika Coleman, Executive Director, Real Estate Appraiser Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, fax (866) 826-8863, or email reappraisers@dpor.virginia.gov. Summary: Pursuant to Chapter 81 of the 2026 Acts of Assembly, the amendments (i) require applicants for licensure by the Real Estate Appraiser Board to complete a minimum two-hour course on fair housing and appraisal bias, (ii) specify required fair housing and appraisal bias course content, and (iii) require annual review of qualifying courses by the Fair Housing Board. 18VAC130-20-30. General qualifications for licensure. Every applicant to the board for a certified general, certified residential, or licensed residential real estate appraiser license must meet the following qualifications: 1. The applicant must meet the current educational and experience requirements and submit a license application to the department or its agent prior to the time the applicant is approved to take the licensing examination. 2. The applicant must sign, as part of the application, a statement verifying that the applicant has read and understands the Virginia real estate appraiser license law and the regulations of the board. 3. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
4. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:
a. All misdemeanor convictions involving fraudulent or dishonest acts, sexual offense, non-marijuana drug distribution, or physical injury within five years of the date of the application; and b. All felony convictions. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.
5. The applicant must be at least 18 years of age.
6. The applicant must have successfully completed minimum education standards established by the Appraiser Qualifications Board in its January 2022 Real Property Appraiser Qualification Criteria. The Real Property Appraiser Qualification Criteria and Interpretations of the Criteria, effective January 1, 2022, are incorporated by reference. For applications received on or after January 1, 2026, the applicant must have successfully completed the minimum education standards established by the Appraiser Qualifications Board in its January 2026 Real Property Appraiser Qualification Criteria. The Real Property Appraiser Qualification Criteria, effective January 1, 2026, are incorporated by reference. 7. The applicant must successfully complete a minimum of two hours of education on fair housing and appraisal bias administered by the board or approved by the board. 8. The applicant must, as part of the application for licensure, verify the applicant's experience in the field of real estate appraisal. a. All applicants must submit, upon application, sample appraisal reports as specified by the board. (1) All experience must be acquired within the five-year period immediately preceding the date application is made and be supported by adequate written reports or file memoranda, which must be made available to the board upon request. (2) The board, at its discretion, may extend the five-year period for applicants who have suffered serious personal illness or injury, death in the immediate family, obligation of military service or service in the Peace Corps, or for other good cause of similar magnitude approved by the board. Documentation of these circumstances must be provided to the board. b. Experience requirements. (1) Fee and staff appraisals. To qualify for fee and staff appraiser experience, an individual must have prepared written appraisal reports that comply with the Uniform Standards of Professional Appraisal Practice and demonstrate competence in the act or process of valuation of real property or preparing an appraisal report. (2) Ad valorem experience. Ad valorem tax appraisal experience may be obtained either through individual property appraisals or through mass appraisals as long as applicants under this category of experience can demonstrate the use of techniques to value real property similar to those being used by fee and staff appraisers and the effective utilization of the appraisal process. (a) To qualify for ad valorem tax appraisal experience for individual property appraisals, an individual must have prepared written appraisal reports that comply with the Uniform Standards of Professional Appraisal Practice. An applicant claiming only ad valorem tax appraisal experience must also include a fee and staff appraiser assignment as part of the application. (b) To qualify for ad valorem tax appraisal experience for mass appraisals, an individual must have prepared mass appraisals or have documented mass appraisal reports that comply with the Uniform Standards of Professional Appraisal Practice, including Standard 6. (c) To qualify for ad valorem tax appraisal experience, the applicant's experience log must be attested to by the applicant's supervisor. (3) Reviewer experience. Reviewer experience must not constitute more than 1,000 hours of total experience claimed, and at least 50% of the review experience claimed must be in field review wherein the individual has personally inspected the real property that is the subject of the review. (a) To qualify for reviewer experience, an individual must have prepared written reports after January 30, 1989, recommending the acceptance, revision, or rejection of the fee and staff appraiser's opinions that comply with the Uniform Standards of Professional Appraisal Practice, including Standard 3. (b) Signing as "Review Appraiser" on an appraisal report prepared by another will not qualify an individual for experience in the reviewer category. Experience gained in this capacity will be considered under the cosigner subcategory of fee and staff appraiser experience. (4) Real estate consulting experience. To qualify for real estate consulting experience, an individual must have prepared written reports that comply with the Uniform Standards of Professional Appraisal Practice. Real estate consulting must not constitute more than 500 hours of experience for any type of appraisal license. c. Experience hours. (1) The applicant for a licensed residential real estate appraiser license must have a minimum of 1,000 hours of appraisal experience obtained in no fewer than six months. Hours may be treated as cumulative in order to achieve the necessary 1,000 hours of appraisal experience. (2) The applicant for a certified residential real estate appraiser license must have a minimum of 1,500 hours of appraisal experience obtained in no fewer than 12 months. Hours may be treated as cumulative in order to achieve the necessary 1,500 hours of appraisal experience. (3) The applicant for a certified general real estate appraiser license must have a minimum of 3,000 hours of appraisal experience obtained in no fewer than 18 months. Hours may be treated as cumulative in order to achieve the necessary 3,000 hours of appraisal experience. At least 50% of the appraisal experience required (1,500 hours) must be in nonresidential appraisal assignments and include assignments that demonstrate the use and understanding of the income approach. An applicant whose nonresidential appraisal experience is predominately in such properties that do not require the use of the income approach may satisfy this requirement by performing two or more appraisals on properties in association with a certified general appraiser that include the use of the income approach. The applicant must provide evidence that the applicant has substantially contributed to the development of the income approach in such reports. (4) Applicants completing a Licensed Residential Practical Applications of Real Estate Appraisal (PAREA) Program will receive credit for: (a) 100% of the experience required by board regulations as a condition of licensure as a licensed residential real estate appraiser; (b) 67% of the experience required by board regulations as a condition of licensure as a certified residential real estate appraiser; or (c) 33% of the experience required by board regulations as a condition of licensure as a certified general real estate appraiser. (5) Applicants completing a Certified Residential PAREA Program will receive credit for: (a) 100% of the experience required by board regulations as a condition of licensure as a licensed residential real estate appraiser or certified residential real estate appraiser; or (b) 50% of the experience required by board regulations as a condition of licensure as a certified general real estate appraiser. 8. 9. Applicants must pass the board-approved examination within 24 months of being approved to take the examination. 9. 10. Applicants for licensure who do not meet the requirements set forth in subdivisions 3 and 4 of this section may be approved for licensure following consideration of their application by the board. 18VAC130-20-60. Qualifications for licensure as an appraiser trainee. An applicant for licensure as an appraiser trainee must meet the following educational requirements in addition to those set forth in subdivisions 1 through 5 and 9 10 of 18VAC130-20-30. 1. Within the five-year period immediately preceding application for licensure, the applicant must have successfully completed 75 hours of approved real estate appraisal courses from accredited colleges, universities, or junior and community colleges; adult distributive or marketing education programs; local, state, or federal government agencies, boards, or commissions; proprietary schools; or real estate appraisal or real estate related organizations. The classroom hours must include the 15-Hour National Uniform Standards of Professional Appraisal Practice course. 2. Complete an Appraiser Qualifications Board approved course specifically oriented to the requirements and responsibilities of supervising appraisers and appraiser trainees. 3. There is no experience requirement for the appraiser trainee classification. 4. Responsibilities of supervising appraisers. a. The appraiser trainee must be subject to direct supervision by a supervising appraiser who completed an Appraiser Qualifications Board approved course specifically oriented to the requirements and responsibilities of supervising appraisers and appraiser trainees, has been state certified for at least three years, is in good standing, and has not been subject to any disciplinary action within the last three years that affects the supervising appraiser's legal eligibility to engage in appraisal practice. b. The supervising appraiser must be responsible for the training and direct supervision of the appraiser trainee by: (1) Accepting responsibility for the appraisal report by signing and certifying the report is in compliance with the Uniform Standards of Professional Appraisal Practice; (2) Reviewing the appraiser trainee appraisal reports; and (3) Personally inspecting each appraised property with the appraiser trainee until the supervising appraiser determines the appraiser trainee is competent in accordance with the Competency Provision of the Uniform Standards of Professional Appraisal Practice for the property type. c. The appraiser trainee is permitted to have more than one supervising appraiser, but a supervising appraiser may not supervise more than three trainees at one time, unless a state program in the licensing jurisdiction provides for progress monitoring, supervising certified appraiser qualifications, and supervision and oversight requirements for supervising appraisers. d. An appraisal experience log must be maintained jointly by the supervising appraiser and the appraiser trainee. It is the responsibility of both the supervising appraiser and the appraiser trainee to ensure the appraisal experience log is accurate, current, and complies with the board's requirements. At a minimum, the appraisal log requirements are (i) type of property, (ii) date of report, (iii) address of appraised property, (iv) description of work performed by the appraiser trainee and scope of the review and supervision of the supervising appraiser, (v) number of actual work hours by the appraiser trainee on the assignment, and (vi) the signature and state certification number of the supervising appraiser. Separate appraisal logs must be maintained for each supervising appraiser, if applicable. 18VAC130-20-210. Standards for the approval of appraisal educational offerings for prelicensure credit.
A. Content.
1. Prior to licensure, applicants must have successfully completed (i) the 15-hour National Uniform Standards of Professional Appraisal Practice course and, (ii) an eight-hour valuation bias and fair housing laws and regulations course as described in the January 2026 Real Property Appraiser Qualification Criteria, and (iii) a minimum two-hour course on fair housing and appraisal bias as described in § 54.1-2013 B of the Code of Virginia. 2. While various appraisal courses may be credited toward the classroom requirement specified for each classification of licensure, all applicants for licensure as an appraiser trainee or a licensed residential, certified residential, or certified general real estate appraiser must demonstrate that course work included coverage of the required topics listed in this subdivision. Basic appraisal principles (30 hours) Basic appraisal procedures (30 hours) Residential market analysis and highest and best use (15 hours) Residential appraiser site valuation and cost approach (15 hours) Residential sales comparison and income approaches (30 hours) Residential report writing and case studies (15 hours) Statistics, modeling and finance (15 hours) Advanced residential applications and case studies (15 hours) General appraiser market analysis and highest and best use (30 hours) General appraiser sales comparison approach (30 hours) General appraiser site valuation and cost approach (30 hours) General appraiser income approach (60 hours) General appraiser report writing and case studies (30 hours) 3. Any course related to fair housing and appraisal bias designed to meet the requirements of subdivision 7 of 18VAC130-20-30 must include instruction on (i) the legacy of segregation, unequal treatment, and the historic lack of access to opportunities in housing; (ii) unequal access to amenities and resources on the basis of race, disability, and other protected classes; (iii) federal, state, and local fair housing laws; and (iv) anti-bias practices. 4. All appraisal and appraisal-related offerings presented for prelicense credit must have a final, written examination. The examination may not be an open book examination. 4. 5. Credit toward the classroom hour requirement to satisfy the educational requirement prior to licensure will be granted only where the length of the educational offering is at least 15 classroom hours, except for the eight-hour course on valuation bias and fair housing laws and regulations. B. Instruction. With the exception of courses taught at accredited colleges, universities, junior and community colleges, or adult distributive or marketing education programs, all other prelicense educational offerings given after January 1, 1993, must be taught by instructors certified by the board. All courses in the Uniform Standards of Professional Appraisal Practice must be instructed by an Appraisal Qualifications Board certified instructor. 18VAC130-20-250. Reapproval of courses required. A. Approval letters issued under this chapter for educational offerings will expire two years from the last day of the month in which they were issued, as indicated in the approval letter. The reapproval fee will be equivalent to the original approval fee specified in 18VAC130-20-240. B. Any course related to fair housing and appraisal bias designed to meet the requirements of subdivision 7 of 18VAC130-20-30 must be reviewed annually by the Fair Housing Board.VA.R. Doc. No. R27-8738; Filed September 24, 2026TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONSSTATE CORPORATION COMMISSIONExtend Public Comment PeriodTITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS STATE CORPORATION COMMISSION Extend Public Comment Period REGISTRAR'S NOTICE: The State Corporation Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record. Title of Regulation: 20VAC5-340. Rules Governing Shared Solar Program (amending 20VAC5-340-10, 20VAC5-340-40, 20VAC5-340-60, 20VAC5-340-65). Statutory Authority: § 12.1-13 of the Code of Virginia. AT RICHMOND, SEPTEMBER 14, 2026 COMMONWEALTH OF VIRGINIA, ex rel. STATE CORPORATION COMMISSION CASE NO. PUR-2026-00127 Ex Parte: In the matter of amending regulations governing shared solar programs ORDER AMENDING PROCEDURAL SCHEDULE The Rules Governing Shared Solar Program, 20VAC5-340-10 et seq., adopted by the State Corporation Commission (Commission) pursuant to Virginia Code (Code) §§ 56-594.3 and 56-594.4, establish the requirements for customers of Virginia Electric and Power Company d/b/a Dominion Energy Virginia (Dominion) and Appalachian Power Company (APCo) to participate in shared solar projects.1 Chapters 670, 671, 673, and 674 of the 2026 Virginia Acts of Assembly (collectively, 2026 Shared Solar Legislation) amended Code §§ 56-594.3 and 56-594.4, effective July 1, 2026. The 2026 Shared Solar Legislation modified certain statutory provisions applicable to Dominion's and APCo's shared solar programs. On August 25, 2026, the Commission entered an Order Establishing Proceeding2 that, among other things, required Dominion and APCo to serve a copy of the Order Establishing Proceeding upon each of their existing shared solar customers and each of their registered subscriber organizations no later than September 11, 2026, and to file with the Clerk of the Commission a certificate of service no later than September 25, 2026. Commission Staff has, however, advised the Commission that Dominion and APCo had not been included in this docket's service list and consequently did not receive service of the Commission's Order Establishing Proceeding concurrent with its entry on August 25, 2026.3 NOW THE COMMISSION, upon consideration of the matter, is of the opinion and finds that the procedural schedule in this case should be extended. Accordingly, IT IS ORDERED THAT: (1) On or before September 21, 2026, Dominion and APCo shall serve a copy of the Order Establishing Proceeding and this Order Amending Procedural Schedule upon each of their existing shared solar customers and each of their registered subscriber organizations and shall file with the Clerk of the Commission a certificate of service no later than October 5, 2026. (2) On or before October 16, 2026, any interested person may comment on, propose modifications or supplements to, or request a hearing on the Proposed Amendments following the instructions on the Commission's website: scc.virginia.gov/case-information/submit-public-comments. Those unable, as a practical matter, to submit comments electronically may file such comments by U.S. mail to the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. All such documents shall refer to Case No. PUR-2026-00127. Individuals should be specific in their comments, proposals, or supplements to the Proposed Amendments and should address only those issues pertaining to the 2026 Shared Solar Legislation. Issues outside the scope of addressing these amendments will not be open for consideration. Any request for hearing shall state with specificity why the issues raised in the request for hearing cannot be adequately addressed in written comments. If a sufficient request for hearing is not received, the Commission may consider the matter and enter an order based upon the comments, documents or other pleadings filed in this proceeding. (3) On or before November 6, 2026, the Staff shall file with the Clerk of the Commission a report on or a response to any comments, proposals, or requests for hearing submitted to the Commission on the Proposed Amendments. (4) All other provisions of the Order Establishing Proceeding shall remain in full force and effect. (5) This matter is continued. A COPY hereof shall be sent electronically by the Clerk of the Commission to all persons on the official Service List in this matter. The Service List is available from the Clerk of the Commission. _____________________________ 1 Commonwealth of Virginia, ex rel. State Corporation Commission, Ex Parte: In the matter of establishing regulations for a shared solar program pursuant to § 56-594.3 of the Code of Virginia, Case No. PUR-2020-00125, 2020 S.C.C. Ann. Rept. 574, Order Adopting Rules (Dec. 23, 2020); Commonwealth of Virginia, ex rel. State Corporation Commission, Ex Parte: In the matter of amending regulations governing shared solar programs, Case No. PUR-2024-00122, 2024 S.C.C. Ann. Rept. 574, Order Adopting Regulations (Nov. 25, 2024). 2 The Commission's Order Establishing Proceeding included an attachment containing Commission Staff's proposed amendments (Proposed Amendments) to the Shared Solar Rules. 3 On September 10, 2026, Staff counsel determined that such service had not been made and concurrently provided information to APCo and Dominion representatives concerning this rulemaking docket and the Commission's August 25, 2026 Order Establishing Proceeding. The State Corporation Commission noticed a public comment period on amendments to the Rules Governing Shared Solar Program (20VAC5-340) in the September 21, 2026, issue of the Virginia Register of Regulations (43:3 V.A.R. 216-222 September 21, 2026). The public comment period has been extended through October 16, 2026 Agency Contact: Matthew Unger, Principal Analyst, Public Utility Regulation Division, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9849, or email matthew.unger@scc.virginia.gov.VA.R. Doc. No. R27-8793; Filed September 22, 2026TITLE 24. TRANSPORTATION AND MOTOR VEHICLESCOMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAMProposedTITLE 24. TRANSPORTATION AND MOTOR VEHICLES COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM Proposed Regulation Title of Regulation: 24VAC35-60. Ignition Interlock Program Regulations (amending 24VAC35-60-20 through 24VAC35-60-130). Statutory Authority: §§ 18.2 -270.1 and 18.2-273.3 of the Code of Virginia. Public Hearing Information: No public hearing is currently scheduled. Public Comment Deadline: December 18, 2026. Agency Contact: Rosario Carrasquillo, Special Programs Design Specialist, Commission on the Virginia Alcohol Safety Action Program, 1111 East Main Street, Suite 801, Richmond, VA 23219, telephone (804) 786-5895, fax (804) 786-6286, or email rosario.carrasquillo@vasap.virginia.gov. Basis: Sections 18.2-270.1 and 18.2-273.9 authorize the Commission on the Virginia Alcohol Safety Action Program (VASAP) to administer Virginia's ignition interlock program, including approving ignition interlock devices and service providers, establishing standards governing ignition interlock services, and promulgating regulations and forms for the installation, maintenance, and certification of ignition interlock systems. Purpose: This action is intended to enhance public safety by improving program integrity and accountability, strengthening oversight of ignition interlock service providers and facilities, and ensuring reliable delivery of ignition interlock services throughout the Commonwealth. Substance: The proposed amendments (i) update and clarify definitions and terminology throughout the chapter; (ii) revise approval and contracting requirements for ignition interlock manufacturers and service providers, including limitations on subcontracting and shared service facilities; (iii) expand VASAP and Executive Finance Committee authority relating to suspension and revocation of service provider or device certification; (iv) strengthen reporting and records management requirements, including electronic reporting, offender confidentiality protections, and required service provider reporting timelines; (v) revise technician and state director certification requirements, including examination standards, application requirements, renewal procedures, and grounds for denial, suspension, or revocation of certification; and (vi) make technical changes. Issues: The primary advantages to the public and the Commonwealth are that the action ensures that persons convicted of a DUI comply with their license restriction requirement by installing an interlock device and provides those individuals with the ability to drive their vehicle with an ignition interlock installed, allowing the individual to meet employment and personal appointment needs. There are no disadvantages to the public or the Commonwealth. Department of Planning and Budget Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1 Summary of the Proposed Amendments to Regulation. The Commission on the Virginia Alcohol Safety Action Program (VASAP) proposes to (i) increase Executive Finance Committee authority to suspend certification of an ignition interlock device or ignition interlock service facility from a period of up to 30 days to up to 90 days, (ii) establish a 30-day limit by which a manufacturer or service provider may request an agency hearing following the notification of a revocation or suspension of a certification, (iii) no longer allow service providers to share the same physical ignition interlock service facility, (iv) allow the executive director of the commission to grant a written extension of the 90-day period where newly hired technicians may perform ignition interlock services under the direct supervision of a certified technician for training purposes prior to possessing a certification themselves, and (v) add additional reasons for which the executive director may deny, revoke, suspend, or terminate a certification for a service provider technician or state director. Additionally, the proposal would update the regulatory language and align the regulatory requirements with current statutory authority and operational practices. Background. According to VASAP staff, Chapters 686 and 687 of the 2026 Acts of Assembly recodified the scattered portions of Virginia laws relating to VASAP under §§18.2-273.1 through18.2-273.9 of the Code of Virginia.2 Accordingly, this regulatory proposal includes many updates to the regulatory text for consistency with the statutory definitions and statute. The proposal also includes updates to reflect current operational practices that are implemented through the contracts with providers (e.g., records management and electronic reporting requirements, limitations on subcontracting, etc.) but that are not reflected in the current regulatory text. Additionally, the commission proposes several other changes. Estimated Benefits and Costs. One of the proposed changes would increase Executive Finance Committee authority to temporarily suspend a certification of an ignition interlock device or ignition interlock service facility from a period of up to 30 days to up to 90 days. According to VASAP staff, a suspension of up to 30 days may not be long enough for the full Commission to consider an indefinite suspension or revocation of a certification, because the Commission regularly meets only four times a year. Extending Executive Finance Committee authority to suspend a certification for up to 90 days is expected to facilitate the full Commission review of the case without interruption in the case of a temporary suspension. Additionally, this change may strengthen compliance due to a longer suspension period and eliminate the possibility of a recently suspended provider or manufacturer being able to resume operations without the full commission having a chance to evaluate the case and reduce safety risks. At the advice of the Attorney General, another proposed change would establish a 30-day limit by which a manufacturer or service provider may request an agency hearing following the notification of a revocation or suspension of a certification. Currently, the language specifies no such limit. According to VASAP staff, 30 days is sufficient to provide adequate time for requesting an agency hearing. The proposal would also no longer allow service providers to share the same physical ignition interlock service facility. VASAP staff reports that recently a facility shared by two service providers on different days of the week had to be shut down due to concerns with black mold. As a result of the closure, ignition interlock clients in the area have lost access to the services they may have needed. The proposal would no longer allow sharing of the same facility by more than one provider and is expected to minimize the risks from potential disruptions in service due to a problem with a facility. Currently, the regulation allows newly hired technicians to perform ignition interlock services under the direct supervision of a certified technician for training purposes for up to 90 days prior to obtaining a Virginia Ignition Interlock Certification Letter. The Commission proposes to allow the executive director of the Commission to grant a written extension of the 90-day period when there is a good cause, such as when an unforeseen event happens such as a natural disaster, sickness, or power outage. This could be beneficial for newly hired technicians and their employers. The current regulation lists several situations where the executive director may deny, revoke, suspend, or terminate a Virginia Ignition Interlock Certification Letter for a service provider technician or state director. The commission proposes to add the following: Having previously demonstrated conduct, performance deficiencies, or professional misconduct while employed by or affiliated with another employer, contractor, agency, or service provider that reasonably indicates the applicant may be unable or unwilling to perform the duties required by certification in a competent, ethical, or compliant manner. In making such determination, the executive director may consider, but is not limited to considering, documented disciplinary actions, substantiated complaints, termination for cause, repeated performance deficiencies, violations of professional standards, or other credible evidence of conduct that adversely reflects on the applicant's reliability, integrity, or ability to comply with applicable laws, regulations, or program requirements. VASAP has indicated that there have been issues with technicians who were hired with a prior service provider having poor performance (fired or quit on their own), but there has been no way of denying certification if they came back at a future date and applied for certification with another service provider. Adding this text would enable the executive director to deny certification to applicants who previously displayed misconduct. The remaining changes are related to aligning the regulatory requirements with current statutory authority and operational practices and are not expected to create any significant economic effects other than improving the clarity of the regulation. Businesses and Other Entities Affected. According to VASAP staff, there are three approved ignition interlock manufacturers that also operate approximately 100 facilities statewide; and the number of vehicles with an ignition interlock device varies between 8,700 and 9,200 at a given time. No entity appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.3 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.4 The proposal would increase a potential temporary suspension of a service provider or manufacturer from maximum of 30 days to 90 days; establish a 30-day limit by which a manufacturer or service provider may request an agency hearing; no longer allow sharing of a facility by multiple providers; and add additional reasons for which the executive director may deny, revoke, suspend, or terminate certification of a service provider technician or state director. Thus, an adverse impact on such affected service providers and manufacturers is indicated. Small Businesses5 Affected.6 According to VASAP staff, there are three manufacturers that also operate service centers are national companies which do not meet the definition of a small business. Therefore, no impact on small businesses is expected. Localities7 Affected.8 The proposed amendments do not introduce costs for localities, nor do they disproportionately affect any locality. Projected Impact on Employment. The proposed amendments do not appear to directly affect employment. However, a longer temporary suspension of ignition interlock service provider or device; or directory taking adverse action against technician certification may reduce supply of such services and devices resulting in a transitory negative employment impact. Effects on the Use and Value of Private Property. No direct effects on the use and value of private property are expected as the service providers do not own but rather rent the facilities. However, not permitting sharing of the facilities may add to demand for such facilities. No impact on real estate development costs is expected. _____________________________ 1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property. 2 https://lis.virginia.gov/bill-details/20261/HB862/text/CHAP0686 & https://lis.virginia.gov/bill-details/20261/HB862/text/CHAP0687. 3 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. 4 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation. 5 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million." 6 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified. 7 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur. 8 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact. Agency Response to Economic Impact Analysis: The Commission on the Virginia Alcohol Safety Action Program concurs with the content of the economic impact analysis prepared by the Department of Planning and Budget. Summary: The proposed amendments strengthen oversight of ignition interlock service providers and facilities and ensure reliable delivery of ignition interlock services throughout the Commonwealth. Technical changes are also included. 24VAC35-60-20. Definitions. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Alcohol" means ethyl alcohol, also called ethanol (C2H5OH). "Applicant" means a service provider technician or state director who applies for a Virginia Ignition Interlock Certification Letter from the commission. "ASAP" means a local alcohol safety action program. "BAC" or "blood alcohol concentration" means the amount of alcohol in an offender's blood or breath, as determined by chemical analysis, that is measured by the number of grams of alcohol per 100 milliliters of blood or 210 liters of breath. "Breath test" means an analysis of the breath alcohol concentration of a deep lung breath sample. "Calibration" means the process that ensures an accurate blood alcohol concentration reading is being obtained on the ignition interlock device. "Commission" means the Commission on Virginia Alcohol Safety Action Program (VASAP), as established pursuant to § 18.2-273.2 of the Virginia Code, or its designee. "Deep lung breath sample," also known as "alveolar breath sample," means an air sample that is the last portion of a prolonged, uninterrupted exhalation and that gives a quantitative measurement of blood alcohol concentration from which breath alcohol concentrations can be determined. "Alveolar" refers to the alveoli that, which are the smallest air passages in the lungs surrounded by capillary blood vessels and through which an interchange of gases occurs during respiration. "Department" means the Virginia Department of Motor Vehicles. "Device" means a breath alcohol ignition interlock device. "Device certification" means the testing and approval process required by the Commission on Virginia Alcohol Safety Action Program. "DMV" means the Virginia Department of Motor Vehicles. "Executive director" means the executive director of the Commission on Virginia Alcohol Safety Action Program. "Executive Finance Committee" means the advisory subcommittee of the commission, composed of the Executive Director of the Commission on Virginia Alcohol Safety Action Program, two executive director and other members that the commission members, and such other persons as the commission designates may designate, which is authorized to take action on behalf of the commission for a period not to exceed 90 days in matters of program certification, suspension, or related fiscal oversight. "Fail point" means the level at which the breath alcohol concentration, as established in § 18.2-270.1 of the Code of Virginia, is sufficient to prevent a motor vehicle equipped with an ignition interlock device from starting. "Free restart" means the ability to start the engine again within a two-minute period of time without completion of another breath test when the condition exists where a breath test is successfully completed and the motor vehicle is started, but then the engine stops for any reason. "Ignition interlock system" means a device that (i) connects a motor vehicle ignition system to an analyzer that measures an offender's blood alcohol concentration; (ii) prevents a motor vehicle ignition from starting if the offender's blood alcohol concentration reaches the fail point; and (iii) is equipped with the ability to perform a rolling retest and to electronically log the blood alcohol concentration during ignitions, attempted ignitions, and rolling retests. The ignition interlock system is synonymous with breath alcohol ignition interlock device as it pertains to this chapter. "Interlock event" means vehicle operator activity that is recorded by the ignition interlock system, to include, but not be limited to, vehicle starts and attempted starts, rolling retests, breath tests, lockouts, ignition shutoffs, power outages, and interlock tampering. "Local alcohol safety action program" or "local ASAP" means a program established pursuant to § 18.2-273.4 of the Code of Virginia that provides probation, education, and rehabilitation services for persons referred by a court, the department, or any other source approved by the commission. "Lockout" means the ability of the ignition interlock device to prevent a motor vehicle's engine from starting. "Manufacturer" means the actual maker of the ignition interlock device that assembles the product and distributes it to service providers. "Motor vehicle" means a motor vehicle as defined in §§ 18.2-266 and 46.2-100 of the Code of Virginia. "Offender" means the individual required by the court or the Department of Motor Vehicles to drive only motor vehicles that have certified ignition interlock devices installed. "Permanent lockout" means a feature of the ignition interlock device that prevents a motor vehicle from starting until the ignition interlock device is reset by a service provider. "Retest" means an additional opportunity to provide a deep lung breath sample below the alcohol fail point. "Rolling retest" means a test of the offender's blood alcohol concentration required at random intervals during operation of the motor vehicle that triggers the sounding of the horn and flashing of lights if (i) the test indicates that the offender has a blood alcohol concentration that reaches the fail point or (ii) the offender fails to take the test. "Service center facility" means the physical location where the service provider installs, calibrates, and removes the ignition interlock device on the offender's vehicle. "Service provider" means an authorized supplier and installer of the approved ignition interlock devices. In some cases, the service provider may also be a manufacturer of an ignition interlock device. "State director" means a service provider employee who provides oversight of the service provider's ignition interlock operations in the Commonwealth of Virginia. "Tampering" means an unlawful act or attempt to disable or circumvent the legal operation of the ignition interlock device to include providing samples other than the natural breath of the offender, starting the motor vehicle via unconventional means without first taking and passing a breath test, or physically tampering with the device to disable or otherwise disconnect the device from its power source. "Technician" means a service provider employee who installs, calibrates, or removes interlock devices in the Commonwealth of Virginia. "Temporary lockout" means a feature of the ignition interlock device that will not allow the motor vehicle to start for a preset time period after a breath test result indicates a BAC that reaches the fail point. "Vendor certification" means the process of determining that a vendor has been approved to provide ignition interlock services in the Commonwealth of Virginia. "Violation" means an event, such as a breath test indicating a BAC reaching the fail point upon initial startup; a refusal to provide a rolling retest deep lung breath sample; a rolling retest with a BAC reaching the fail point; altering, concealing, hiding, or attempting to hide one's identity from the ignition interlock system's camera while providing a breath sample; or tampering, that breaches the guidelines for use of the interlock device. "Violation reset" means a feature of the ignition interlock device that activates a service reminder due to a violation or failure to report for calibration within 30 days of the installation or previous calibration. "Virginia Ignition Interlock Certification Exam" means an exam administered by the commission to service provider state directors and technicians that must be successfully completed and submitted as a component of an application for a "Virginia Ignition Interlock Certification Letter." "Virginia Ignition Interlock Certification Letter" means a letter issued by the commission to a service provider technician or state director authorizing the technician or state director to perform ignition interlock services in the Commonwealth of Virginia. 24VAC35-60-30. When ignition interlock devices are required. Ignition interlock devices are required:
2. When administratively enforced by DMV the department pursuant to § 46.2-391.01 of the Code of Virginia.
24VAC35-60-40. Approval of manufacturers and service providers. A. The commission shall issue a request in compliance with the Commonwealth of Virginia Virginia's procurement procedures to contract with ignition interlock service providers for the services and commodities required for the implementation and maintenance of the Commonwealth's Virginia's ignition interlock program. Contracts will be for a length of time established by the commission. Absent exigent circumstances necessitating additional providers or services, the commission shall not enter into additional contracts with service providers, except during a procurement period where the commission is reviewing service provider contracts for approval. B. Integrity of the ignition interlock program shall be upheld by restricting the delivery of interlock service to the actual provider of the product (authorized service provider), thereby effectively preventing the extension of subcontracts to other persons or businesses that lack long-term investment, long-term experience, or in-depth knowledge of product and service, potentially resulting in a higher likelihood of neglect of duty or illegal exchange of funds. Denial of subcontracting of the interlock service to the consumer is an integral part of protecting offender confidentiality and the chain of evidence for court testimony and evidentiary procedures. C. The service provider must maintain an independent service facility; therefore, no two service providers shall share the same physical ignition interlock service facility for the purpose of providing ignition interlock services to offenders in Virginia. In the event that a shared facility arrangement is identified, both service providers shall be deemed in violation of this section. Sharing the same physical ignition interlock service facility will result in the closure of the shared facility. Both service providers shall be responsible for ensuring continued service, and such closure shall not relieve either service provider of its obligation to provide services to offenders in accordance with the 50-mile radius requirement set forth in subsection D of this section. Failure to do so may result in suspension or revocation of certification pursuant to 24VAC35-60-60.
D. A service provider seeking to contract with the commission shall:
1. Submit evidence demonstrating successful experience in the development and maintenance of an ignition interlock service program in Virginia, other states, or other countries. The service provider shall be dedicated to the installation and maintenance of ignition interlock devices; 2. Supply and train staff and service center facility supervisors to ensure good customer service and compliance with the Code of Virginia, ignition interlock regulations, and all contract requirements. This includes: a. Personnel seeking to perform ignition interlock services or administrative duties in the Commonwealth of Virginia shall not necessarily be barred from employment due to a criminal record; however, a criminal record may be considered in conjunction with other information to determine the overall suitability of applicants for employment. b. The authorized service provider shall provide, upon request of the commission or the court via a properly served subpoena, expert or other required testimony in any civil, criminal, or administrative proceedings as to the method of manufacturing the device, ignition interlock functionality, and the testing protocol by which the device is calibrated and serviced. c. The service provider shall provide a completed application for state certification to the commission to perform ignition interlock services for all technicians and state directors seeking to work in the Commonwealth of Virginia. The application shall be submitted at least 10 days prior to the employee performing any ignition interlock services in the Commonwealth of Virginia with the exception of newly hired employees in training who shall be permitted to perform services while under the direct supervision of a certified technician for a period of 90 days prior to applying for state certification. d. The service provider shall identify all key personnel who will be providing ignition interlock services for the Commonwealth of Virginia and furnish the commission with credentials on these personnel. e. The service provider shall notify the commission at least five business days in advance of a reduction in staffing levels of key personnel at the local or district offices in the Commonwealth of Virginia. f. The service provider shall ensure that technicians and the state director are trained and available to testify in court if required by a court or Commonwealth's Attorney attorney for the Commonwealth or upon a 10-business-day notice by the local ASAP in that court's jurisdiction, regardless of whether a subpoena is issued; 3. Submit a description of the service provider's plan to be approved by the commission, for distribution of the device in all locations of the Commonwealth of Virginia where ignition interlock services will be performed. At least one physical ignition interlock service facility shall be located within a 50-mile radius of every residence in the Commonwealth of Virginia unless otherwise authorized by the commission. Ignition interlock service providers shall provide the commission with a list of all service center facility days and hours of operation and provide an updated list within 24 hours of any changes. Interlock service facilities shall be inspected and certified by the commission prior to the initial provision of services to offenders. Each interlock service facility shall be inspected and certified at least annually thereafter. Interlock service providers shall: a. Comply with all local business license and zoning regulations, and with all federal, state, and local health, fire, and building code requirements. Prior to the jurisdictional compliance deadline, a copy of a valid business license or business license payment receipt shall be forwarded to the commission. The official valid business license and tax document are required to be posted in a conspicuous place at the service facility immediately upon receipt when applicable; b. Comply with all local, state, and federal laws pertaining to the provision of physical access to persons with disabilities; c. Maintain offender records in a manner that complies with federal confidentiality and state records retention guidelines. All offender files, payment receipts, and other identifying information shall be located in locked filing cabinets when unattended by a technician. Storage of files elsewhere may occur if the files are stored in locked filing cabinets in one centralized location in the Richmond, Virginia area. Electronic storage of client files shall be or electronically stored as long as all data is encrypted and secured to prevent third party third-party access; d. Require and enforce maintenance of a drug-free workplace and have posted in a conspicuous place, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the service provider's workplace. The notice shall specify the actions that will be taken against employees for violations of the policy; e. Replace an ignition interlock service facility within 90 days whenever the closing of an interlock service facility results in noncompliance with the requirement to possess a facility within a 50-mile radius of every residence in the Commonwealth of Virginia. The service provider is also required to notify offenders of the closure date and the address of an alternate interlock service facility within 15 days of the closure date; f. Ensure that technicians maintain a professional appearance and are attired in such a manner as to be readily identifiable as service provider employees; g. Ensure that interlock service facilities are tidy and pose no hazards to public safety; and h. Provide the commission, at a minimum of 20 days, with a 20-day notice prior to the scheduled opening date of a new location. This requirement allows the commission reasonable time to schedule an inspection of the new facility prior to opening services to local ASAP offenders; 4. Submit sufficient documentation to enable the verification of adequate insurance covering liability related to ignition interlock operations, services, and equipment, including coverage in Virginia, with a minimum policy limit of $1 million per occurrence and $3 million general aggregate total. The service provider's liability insurance shall be considered primary above all other available insurance and shall so stipulate in the "other insurance" or other applicable section of the service provider's insurance contract. The service provider shall provide a signed statement from the manufacturer holding harmless the Commonwealth of Virginia and the commission and its members, employees, and agents from all claims, demands, and actions as a result of damage or injury to persons or property that may arise directly or indirectly out of an act or omission by the manufacturer or its service provider relating to the installation, service, repair, use, or removal of an ignition interlock device. Coverage shall extend to any action taken or not taken by local ASAPs or the commission due to verified errors in reporting of interlock activity by the service provider; 5. Submit documentation that the service provider will provide a full-time state ignition interlock director who will work exclusively with the Virginia interlock program. Among other duties, the state ignition interlock director will be expected to (i) respond promptly to problems in the field; (ii) upon request of the commission, testify before applicable courts, the General Assembly of Virginia, or the commission; (iii) assist and provide training to the commission, local ASAP staffs staff, local and statewide, and other stakeholders as requested by the commission; and (iv) be responsible for quality control reports and statistics, updates to all required documentation, and field services reporting and repairs. Ignition interlock state directors are also permitted to oversee remote alcohol monitoring programs for a Virginia-approved remote alcohol monitoring device manufacturer and intelligent speed assistance programs for a Virginia-approved intelligent speed assistance device manufacturer or service provider. In the event of a state director vacancy, service providers shall submit to the commission the name of an interim state director within 10 days of the vacancy and the name of a permanent state director within 90 days of the vacancy; 6. Not Certify that the service provider does not and will not discriminate against an employee or applicant for employment due to race, religion, color, sex, national origin, age, disability, or other basis prohibited by state or federal law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the service provider. The service provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Furthermore, the service provider in all solicitations or advertisements for employees placed by or on behalf of the service provider shall state that the contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this subdivision; 7. Not knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986 (P.L. 99-603; 100 Stat. 3359) during the performance of the contract for goods and services; 8. 7. Notify the commission in writing within 15 days of a disciplinary action taken by a state or other political entity in which the service provider conducts or has conducted ignition interlock business. This notification shall include the reason for the disciplinary action and other information as the commission may reasonably request. This requirement applies regardless of the existence of an appeal; and 9. 8. Notify the commission in writing of all final adjudications unfavorable to the service provider related to the ignition interlock device or delivery of ignition interlock services. D. E. Provided that all vendor and device certification requirements are met, the commission may contract with those manufacturers or service providers and may approve multiple makes and models of ignition interlock devices for use in the Commonwealth of Virginia. 24VAC35-60-50. Fees. A. All potential service providers desiring to conduct business in the Commonwealth of Virginia's ignition interlock program shall submit a $250 nonrefundable application fee to the commission. B. The following additional fees shall be paid by the service provider to the commission: 1. A $250 annual contract review fee; 2. A $75 annual review fee for each ignition interlock service center facility; 3. A $250 retest fee each and every time a service provider employee is required to take a second or subsequent Virginia Ignition Interlock Certification Exam due to an unsuccessful attempt on the first exam; 4. A $20 monthly ignition interlock administrative fee for each offender. The fee shall be accompanied by an associated offender list, categorized by local ASAP, supporting the payment amounts. The local ASAP offender list and payment shall be submitted no later than the 10th day of the month following the month when the ignition interlock services were provided; and 5. A $2,500 fee per each new ignition interlock device certification application submitted to the commission that was not previously certified in the Commonwealth Virginia. C. Service providers may charge offenders for ignition interlock services at rates up to, but not to exceed, the following:
1. $65 for a standard ignition interlock installation;
2. $130 for the installation of an ignition interlock on a hybrid motor vehicle, motor vehicle with a push button starter, or other vehicle requiring more than four hours of installation labor time when approved by the commission; 3. $75 for a change of vehicle ignition interlock installation; 4. $0 for an ignition interlock removal; 5. $95 plus applicable taxes for monthly ignition interlock calibrations or monitoring, inclusive of the monthly administrative fees to be paid to the commission; 6. $8.00 per month for optional insurance to cover theft or accidental damage to the ignition interlock and its components; 7. An amount of 10% over the actual replacement cost of the ignition interlock and its components when theft or accidental damage occurs and the offender has not purchased the optional insurance; 8. $50 plus mileage calculated at the Commonwealth of Virginia Virginia's mileage rate in effect at the time, not to exceed 100 miles, for service calls; 9. $50 for violation resets, when the violation is determined to be due to the fault of the offender; 10. $35 for missed appointments; 11. An amount permitted by the Code of Virginia at the time for returned checks; 12. $50 for provision of a permanent lockout code, when the lockout is determined to be due to the fault of the offender; and 13. $50 per hour, not to exceed four total hours, for repairs and reinstallation of the ignition interlock when the commission determines that the offender illegally tampered with the device. D. In the event of changes to the Code of Virginia or the Ignition Interlock Program Regulations (24VAC35-60) mandating enhanced technological capabilities of ignition interlock devices used in the Commonwealth Virginia, the commission may increase offender installation and calibration fees up to a maximum of 25%. E. All service providers shall create and maintain an indigency fund for offenders who are eligible for a reduction in fees based upon a declaration of indigency by the court and approval by the commission. Service providers shall not deny service to any offender for whom there has been a declaration of indigency and approval by the commission. 24VAC35-60-60. Suspension or revocation of ignition interlock device or service facility certification. A. The commission may indefinitely suspend or revoke certification of an ignition interlock device or ignition interlock service facility, and the. The Executive Finance Committee, for a period not to exceed 30 days, may suspend, for a period not to exceed 90 days, or revoke certification of an ignition interlock device or ignition interlock service facility for the following reasons:
2. When a device is discontinued by the manufacturer;
3. When the manufacturer's liability insurance is terminated or canceled or, in cases where the service provider is responsible for the liability insurance, the insurance is canceled and not remedied by the service provider within three business days; 4. When the manufacturer or service provider attempts to conceal its true ownership; 5. When materially false or inaccurate information is provided relating to a device's performance standards; 6. When there are defects in design, materials, or workmanship causing repeated failures of a device; 7. When the manufacturer or service provider knowingly permits nonqualified service technicians to perform work; 8. When a manufacturer or service provider assists users with circumventing or tampering with a device; 9. When a service provider fails to fully correct an identified ignition interlock facility noncompliance issue within the timeframe required by the Code of Virginia, the provisions of this chapter, or a service provider contract; 10. When there is a pattern of identified interlock service facility noncompliance issues; 11. When a service provider impedes, interrupts, disrupts, or negatively impacts an investigation conducted by the commission involving customer service issues, vehicle damage, or other complaint brought forward by a third party; or 12. When there is an identified public safety or client confidentiality issue at an ignition interlock service facility; or 13. When a service provider is found to be sharing the same physical ignition interlock service facility with another service provider. B. If a suspension or revocation of an ignition interlock device or service facility certification occurs, the manufacturer or service provider may request judicial administrative review by the agency in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) by requesting an agency hearing within 30 days of notification of such revocation or suspension. Such request shall be in writing and directed to the executive director. Should a revocation of certification be upheld, the manufacturer or service provider whose device has been revoked (i) shall be responsible for removal of all devices installed and serviced by the service provider that are subject to the revocation, and (ii) will bear the costs associated with the required removal and installation of new approved devices. In addition, the manufacturer or service provider whose device or facility is subject to the revocation shall continue to provide services for these local ASAP offenders for a time to be determined by the commission, but no longer than 90 days. C. When the certification of an ignition interlock device or ignition interlock service facility is suspended or revoked, service providers or manufacturers shall continue to provide services for local ASAP offenders; however, no new ignition interlock installations shall be permitted during the period of suspension. D. If a service provider terminates the contract or goes out of business, the manufacturer or service provider shall be responsible for removal of all devices installed and serviced by the service provider that terminates the contract or goes out of business and shall bear the costs associated with the required removal and installation of new approved devices. In addition, the manufacturer or service provider that terminates the contract or goes out of business shall continue to provide services for these local ASAP offenders for 90 days from the date of the service provider's notification to the commission that they the service provider will be terminating ignition interlock services in Virginia. 24VAC35-60-70. Ignition interlock device specifications. A. All ignition interlock devices used pursuant to §§ 18.2-270.1 and 46.2-391.01 of the Code of Virginia shall be approved by the commission. The commission shall maintain a list of approved ignition interlock devices. B. A service provider seeking to contract with the commission shall submit: 1. The name and address of the ignition interlock device manufacturer; 2. The name and model number of the ignition interlock device; and 3. A detailed description of the device, including drawings, schematics, wiring protocols, and instructions for its installation and operation. C. The manufacturer or service provider shall provide literature promoting its device to the commission and for distribution to the local ASAPs. D. The manufacturer or service provider shall provide certification from an independent laboratory that its ignition interlock device has been tested in accordance with the most current model specifications published in the Federal Register by the National Highway Traffic Safety Administration. The manufacturer or service provider is required to provide a certified affidavit that the ignition interlock device model complies with all applicable state standards, including written documentation, current within five years, from either a certified testing laboratory or a National Highway Traffic Safety Administration testing lab that the ignition interlock model for which certification is being sought meets or exceeds the current National Highway Traffic Safety Administration's model specifications. Included with the certification report should be the name and location of the testing laboratory, the address and phone telephone number of the testing laboratory, a description of the tests performed, copies of the data and results of the testing procedures, and the names and qualifications of the individuals performing the tests. E. If a device is submitted for approval by a service provider other than the manufacturer, the submitting party shall submit a notarized affidavit from the manufacturer of the device certifying that the submitting party is an authorized manufacturer's representative. F. Except where otherwise required in this chapter, all ignition interlock devices shall meet the model specifications for Breath Alcohol Ignition Interlock Devices as set forth in the most current model specifications published in the Federal Register by the National Highway Traffic Safety Administration and operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards. At a minimum, the following specifications shall be met: 1. The ignition interlock device shall work accurately and reliably in an unsupervised environment, at minimal inconvenience to others, and without impeding the safe operation of the motor vehicle. 2. The ignition interlock device shall be able to analyze a specimen of alveolar breath for alcohol concentration, correlate accurately with established measures of blood alcohol concentration, and be calibrated according to the manufacturer's specifications.
3. The ignition interlock device shall use an electrochemical fuel cell that reacts to and measures ethanol.
4. The ignition interlock device shall indicate when a 1.5 L breath sample has been collected and shall indicate this by audible or visual means. The commission may authorize service providers to adjust the breath volume requirement to as low as 1.0 L upon receipt of documentation from a licensed physician verifying the existence of an applicable medical condition. The physician's documentation shall be submitted in a format approved by the commission. 5. The ignition interlock device shall detect and record a BAC that reaches the fail point for all completed breath samples. 6. The results of the test shall be noted through the use of green, yellow, and red signals or similar pass/fail indicators. No digital blood alcohol concentration shall be indicated to the offender. 7. The ignition interlock device shall lock out an offender when a BAC reaches the fail point. 8. The ignition interlock device shall have the ability to continuously flash the vehicle's lights, or other light source approved by the commission, while simultaneously activating the vehicle's horn whenever a required rolling retest is missed or failed. 9. The ignition interlock device shall have the ability to perform a permanent lockout if the offender fails to appear for a scheduled monitoring appointment within 30 days of the later of the installation date or most recent calibration date. The service provider shall provide a code, smart key, or other similar unlock feature that has been approved by the commission to offenders whose interlock is in a permanent lockout status. The duration of the time period that the interlock is unlocked shall not be more than or less than three hours unless otherwise approved by the commission. The code shall only unlock the interlock device and shall not disable other interlock features. Interlock service providers shall not provide an ignition interlock code that disables the ignition interlock features to persons without first obtaining authorization from the commission. 10. The ignition interlock device shall automatically purge alcohol before allowing subsequent analyses. 11. The ignition interlock device shall issue a warning of an impending permanent lockout. 12. The ignition interlock device shall be capable of random retesting and timed retesting. 13. The ignition interlock device shall warn the offender of upcoming service appointments for at least five days prior to the appointment. Should the offender fail to appear, the device shall lock out on the 31st day after the later of the installation date or previous calibration date, and the motor vehicle shall not be operable until the service provider has reset the device. 14. The internal memory of the ignition interlock device shall be capable of recording and storing a minimum of 15,000 interlock events and shall enter a service reminder if the memory reaches 90% of capacity. 15. The ignition interlock device shall be designed and installed in a manner as to minimize opportunities for tampering, alteration, bypass, or circumvention. The ignition interlock device shall not spontaneously bypass the ignition system or starter relay, nor shall it be able to be made operational by a mechanical means of providing air to simulate alveolar breath. Bogus breath anti-circumvention features used to pass laboratory testing of the ignition interlock device shall be turned on. In addition, service providers shall connect the ignition interlock device to a constant and uninterrupted power source to further prevent an opportunity to circumvent the system. 16. The ignition interlock device shall be capable of recording and providing evidence of actual or attempted tampering, alteration, bypass, or circumvention. 17. The ignition interlock device shall operate accurately and reliably at temperatures between -40°C and 85°C. 18. The ignition interlock device shall operate up to altitudes of 2.5 km above sea level. 19. The readings of the ignition interlock device shall not be affected by humidity, dust, electromagnetic interference, smoke, exhaust fumes, food substance, or normal automobile vibration when used in accordance with the manufacturer's instructions. 20. The operation of the ignition interlock device shall not be affected by normal fluctuations of power source voltage. 21. The ignition interlock shall be installed with a fully functional camera that is equipped to record the date, time, and photo of the vehicle's driver seat upon: a. The delivery of an accepted breath sample to the ignition interlock device; b. A missed retest on the ignition interlock device; and c. An initial engine start of the motor vehicle, within a timeframe established by the commission. This requirement shall not pertain to motorcycles and mopeds. In addition, service providers are required to present a reference photo of the offender to confirm the offender's identity. G. All ignition interlock devices that have been approved by the commission shall have affixed to the ignition interlock handset a warning label with the following language: "Any person tampering with or attempting to circumvent this ignition interlock system shall be guilty of a Class 1 misdemeanor and, upon conviction, be subject to a fine or incarceration or both." The cost and supply of the warning labels to be affixed to the ignition interlock devices shall be borne by the manufacturer or service provider. The manufacturer or service provider shall submit to the commission a prototype of the warning label for approval.
H. For initial startup of the motor vehicle:
1. The ignition interlock device shall enable the starter relay after the successful completion of a breath alcohol test. 2. The device shall allow an operator to take up to two minutes after the starter relay is enabled to start the engine. 3. The ignition interlock device shall permit a free restart. 4. If the initial test results in a lockout due to the offender's BAC level, the ignition interlock device shall not allow an additional attempt for five minutes. 5. If the offender's BAC still reaches the fail point on the first retest, the machine shall lock out for an additional 10 minutes and shall do so thereafter for each subsequent failed retests retest. A violation reset message shall instruct the offender to return the ignition interlock device to the service provider for servicing within five days. 6. If the ignition interlock device is not reset within five days, a permanent lockout shall occur.
I. A rolling retest feature is required for all ignition interlock devices. For rolling retests:
1. An ignition interlock device shall require a rolling retest randomly within 10 to 15 minutes after the start of the motor vehicle and randomly thereafter at least once every 60 minutes as long as the motor vehicle is in operation. 2. The ignition interlock device shall produce a visual and audible signal of the need to produce a breath sample for the rolling retest and shall be modified as necessary to accommodate operators who are hearing impaired. The offender shall have 15 minutes to provide the required rolling retest breath sample. 3. A free restart shall not apply if the ignition interlock device was awaiting a rolling retest that was not delivered. 4. A deep lung breath sample at or above the fail point or a failure to provide a rolling retest deep lung breath sample within the required time shall activate the motor vehicle's horn and cause the motor vehicle's headlights, parking lights, emergency lights, or other light source approved by the commission to flash until the engine is shut off by the offender or a passing breath test is provided. 5. Once the vehicle has been turned off, all prestart requirements shall become applicable. 6. The violations reset message shall instruct the offender to return the ignition interlock device to the service provider for servicing within five days. 7. If the ignition interlock device is not reset within five days, a permanent lockout will occur. J. Additional technical specifications for the operation and installation of the ignition interlock device may be described in the contract between the commission and the service provider. K. The vendor shall notify the commission in writing if the approval or certification of a device that is approved or has been submitted for approval for use in Virginia is or ever has been denied, withdrawn, suspended, or revoked in another state, whether the action occurred before or after approval in Virginia. This notification shall be made in a timely manner, not to exceed 15 days after the vendor has received notice of the denial, withdrawal, suspension, or revocation of approval or certification of the device, whether or not the action will be or has been appealed. 24VAC35-60-80. Ignition interlock device installation. A. No offender who has a case pending in the court system shall have an interlock installed in Virginia unless enrolled in and monitored by the local ASAP program in the area where the case originated. Offenders subject to a DMV an ignition interlock requirement of the department shall not have an interlock installed in Virginia unless first authorized by the local ASAP. Prior to installation of the device, the vendor must receive written or electronic authorization from the local ASAP. This section also applies to out-of-state offenders who have a Virginia ignition interlock requirement. This enables the commission to maintain consistency in policy and use of ignition interlock devices in the Commonwealth of Virginia and allows for a consistent pattern of instruction to the service provider. B. The ignition interlock device shall be installed by a commission-approved manufacturer or authorized service provider within 30 days of the date of the court order; if not otherwise, the service provider shall notify the local ASAP. Once the ignition interlock has been installed, the service provider shall send an authorized installation report to the local ASAP, via a method established by the commission, documenting that the ignition interlock device has been installed. Once verification of an authorized installation has been received by the local ASAP, DMV the department shall be notified by the local ASAP that the offender has successfully installed the interlock device. C. All agreements between the service provider and the offender shall be in the form of a contract and signed by the service provider and the offender. Copies of the written contract shall be retained by the service provider with a copy given to the offender.
D. Prior to installation of the ignition interlock device, offenders shall provide to the service provider:
1. Photo identification. If no photo identification is available at the time of installation, other adequate proof of identification may be accepted to avoid delay of the installation. However, photo identification must be presented prior to the first calibration appointment; 2. A copy of the registration or title containing the vehicle identification number (VIN) of all motor vehicles owned or routinely driven by the offender and a statement disclosing the names of all other operators of the motor vehicles owned or driven by the offender; 3. A notarized affidavit, approved by the commission, from the registered owner of the vehicle granting permission to install the device if the car is not registered to the offender. If the owner is present at installation, provides valid identification, and signs the consent to install form in the service provider technician's presence, notarization of the consent to install form is not required; and 4. Written authorization from the commission if the air volume requirement, blow pressure, or anti-circumvention features of the ignition interlock device are to be lowered or disabled in order to compensate for an offender's diminished lung capacity, when applicable. E. Under no circumstances shall an offender or anyone accompanying the offender be permitted to observe installation of the ignition interlock device. F. The service provider shall inspect all motor vehicles prior to installation of the device to ensure that they are the vehicle is in acceptable mechanical and electrical condition. Under no circumstances shall staff of the authorized service provider install a device until and unless the motor vehicle is approved following the inspection. A commission-approved pre-inspection checklist documenting the vehicle's condition at installation shall be completed and placed in the offender's file. G. The installation shall include tamper-resistant features at all ignition interlock electrical connections so as to make evident all attempts to circumvent or otherwise alter the normal functioning of the ignition interlock. At a minimum, the service provider shall ensure that the vehicle starter wire connected to the ignition interlock is secured with uniquely identifiable heat shrink tubing or its equivalent and that all connected wires are wrapped with uniquely labeled service provider tape. H. An oral, written, or video orientation to the ignition interlock device shall be developed and delivered by the service provider to the offender and other persons who may drive the motor vehicle, including information on the use and maintenance of the device as well as all service center facility locations, and procedures for regular and emergency servicing. A demonstration interlock will be available at the installation site for use in the training of customers. I. If, during the installation, the offender fails to pass the initial breath test, the installation shall be halted and the local ASAP notified. J. The manufacturer or service provider shall maintain a toll-free 24-hour emergency phone service that may be used to request assistance in the event of failure of the ignition interlock device or motor vehicle problems related to operation of the ignition interlock device. The assistance provided by the authorized service provider shall include technical information and aid in obtaining towing or roadside service. The expense of towing and roadside service shall be borne by the offender unless it is determined by the commission that the ignition interlock device failed through no fault of the offender. If this is the case, the manufacturer or service provider shall be responsible for applicable expenses. The ignition interlock device shall be made functional within 48 hours of the call for assistance or the ignition interlock device shall be replaced. K. At the time of device installation, a service provider may charge an installation fee. The maximum permissible cost for installation shall be set by the commission, and service providers shall not be permitted to exceed the maximum fee established by the commission. A portion of these fees shall include costs for offender indigency funds. In addition to the maximum fee permitted, service providers may collect applicable taxes and charge for optional insurance to cover device theft or accidental damage. Optional insurance shall be offered by the service provider, and a written copy of the insurance policy stating clearly stating the applicable coverages, coverage amounts, conditions, and exclusions shall be given to offenders who purchase the insurance. When the ignition interlock is installed on a motorcycle or moped, service providers may require offenders to provide a saddle bag or similar waterproof container in which the device components may be stored as a condition of eligibility for the optional insurance. L. The manufacturer or the service provider shall provide service to those offenders who are eligible for a reduction in fees based upon a declaration of indigence by the court and approval by the commission. M. No later than the first service appointment, the offender shall provide to the service provider a statement from the licensed drivers who will be driving the offender's motor vehicle acknowledging their understanding of the requirements of the use of the ignition interlock device. N. An ignition interlock device installed and assigned to one offender shall not be assigned simultaneously to any additional offender for the purpose of attempting to comply with a Virginia ignition interlock requirement. O. The ignition interlock device shall not be removed from any offender's vehicle for the sole purpose of permitting an offender to transfer to another interlock service provider without written permission from the commission. If the offender's reason to transfer to another interlock service provider is based upon a malfunctioning interlock device or a legitimate customer service issue, the commission shall not unreasonably deny permission and shall authorize the transfer within five business days of all relevant information being received. 24VAC35-60-90. Calibration and monitoring visit. A. Only calibration units (i) found on the current National Highway Traffic Safety Administration's Conforming Products List of Calibrating Units for Breath Alcohol Testers or (ii) approved by the commission shall be used by the service provider to calibrate ignition interlock devices.
B. The service provider shall:
1. Provide service and monitoring of the ignition interlock device at least every 30 days. All ignition interlock calibrations shall occur at a service provider interlock service facility unless otherwise approved by the commission; 2. Calibrate the ignition interlock device at each service appointment using a dry gas or wet bath reference sample. The service provider shall ensure that dry gas and wet bath reference values are adjusted in a manner approved by the commission; 3. Calibrate the ignition interlock device for accuracy by using a wet bath simulator or dry gas alcohol standard with an alcohol reference value between .030 and .050 g/210L; 4. Expel a three-second purge from the wet bath simulator or dry gas standard prior to introducing the alcohol reference sample into the ignition interlock device; 5. Perform an accuracy check that will consist of two consecutive reference checks with the result of each individual check being within plus or minus 10% or 0.003, whichever is smaller greater, of the alcohol reference value introduced into the ignition interlock device. The time period between the first and second consecutive accuracy check shall not exceed five minutes; 6. House and use wet bath simulators in environmentally stable, temperature controlled settings. Wet bath simulators shall contain mercury-in-glass thermometers or digital thermometers. The thermometers shall read 34°C, plus or minus 0.2°C, during analysis and be certified annually using a National Institute of Standards and Technology traceable digital reference thermometer. In addition, the service provider shall use alcohol reference solutions prepared and tested in a laboratory with reference values traceable to the National Institute of Standards and Technology. The 500-ml bottles containing simulator solution shall be tamper proof tamper-proof and labeled with the lot or batch number, value of the reference sample in g/210L, and date of preparation or expiration. Alcohol reference solutions must be used prior to expiration and within one year from the date of preparation. In addition, wet bath simulator solutions shall be replaced every 30 days or prior to every 30th test, whichever occurs first. A sticker shall be placed on the wet bath simulator indicating the date of the most recent simulator solution replacement. In addition, a written logbook or electronic database recording the date and result of each simulator test shall be maintained on site; 7. Store dry gas alcohol standard tanks in a manner consistent with the gas manufacturer's specifications. The dry gas tanks shall have a label attached that contains the components and concentration of the reference value of the gas, an expiration date that shall not be longer than three years from the date of preparation, and the lot or batch number. Dry gas alcohol standards must be certified to a known reference value and be traceable to the National Institute of Standards and Technology. The reference value shall be adjusted for changes in elevation and pressure. Interlock service vendors shall possess a certificate of analysis from the dry gas standard manufacturer. Dry gas tanks shall be secured in a manner as to prevent harm to the public; 8. Retrieve data from the ignition interlock device data log for the previous period and electronically submit it to the local ASAP within 24 hours of calibration; 9. Record the odometer reading of the vehicle; 10. Check the ignition interlock device and wiring for signs of circumvention or tampering and electronically report violations to local ASAP within the required timeframe established by the commission; 11. Collect the monthly monitoring fee from the offender. If an offender who has not been declared to be indigent by the court is three or more months delinquent in payments, the service provider may, in its discretion, refuse to provide calibration services, but shall not remove the ignition interlock device without authorization from the commission. Offenders with an outstanding balance with any Virginia-approved ignition interlock service provider shall not be permitted to install an interlock device with another ignition interlock service provider; 12. Verify that the offender has a photo identification prior to calibrating the ignition interlock device if photo identification was not already presented at the time of installation; and 13. Conform to other calibration requirements established by the commission, as applicable. C. All malfunctions of the ignition interlock device shall be repaired or the ignition interlock device replaced by the service provider within 48 hours at no additional expense to the offender. If it is shown that the malfunction is due to damage to the device as a result of mistreatment or improper use, the offender shall be responsible for applicable repair fees. D. A certified technician shall be available at the service center facility during specified hours to answer questions and to deal with mechanical concerns that may arise with a motor vehicle as a result of the ignition interlock device. E. The ignition interlock device shall record, at a minimum, the following data: 1. The time and date of failed breath tests; 2. The time and date of passed breath tests; 3. The breath alcohol level of all tests; and 4. The time and date of attempts to tamper with or circumvent the ignition interlock device. F. Local ASAPs shall administer the ignition interlock program consistent with the requirement that a participant complete the required consecutive months of interlock installation by law without alcohol-related violations. In carrying out its statutory responsibility to monitor compliance with ignition interlock requirements, the local ASAP shall extend the participant's ignition interlock requirement whenever an alcohol-related violation prevents completion of the required consecutive compliance period. Where the violation is before the court, the local ASAP shall honor a written judicial determination that the ignition interlock event is not an alcohol-related violation by removing the related extension of the interlock requirement. An extension shall not be removed unless the court expressly finds in its written order that the ignition interlock event is not an alcohol-related violation. A dismissal or other disposition that does not include such an express finding shall not affect a local ASAP's determination of compliance with the ignition interlock requirement. Local ASAPs may, if authorized by the court of jurisdiction, authorize temporary removal of an interlock device in instances where the vehicle in which the interlock is installed becomes inoperable through no fault of the offender. Any time period in which the interlock device is temporarily removed shall be tolled upon the offender's interlock compliance date. If the period during which the interlock device is temporarily removed exceeds 45 days, the offender will receive no credit for prior interlock installation time and shall start their interlock requirement over from the date an interlock device is re-installed in all applicable vehicles. G. At the time of device calibration, a service provider may charge a monthly monitoring fee. The maximum permissible cost for monitoring and calibration shall be set by the commission through the ignition interlock regulations, and service providers shall not be permitted to exceed the maximum fee established by the commission. A portion of these fees shall include costs for administrative support and offender indigency funds. In addition to the maximum fee permitted, service providers may collect applicable taxes and charge for optional insurance to cover device theft and accidental damage. Fees for the first monthly monitoring and calibration visit will be collected from the user in advance at the time of installation and monthly thereafter when services are rendered. 24VAC35-60-100. Ignition interlock device removal. A. Prior to removal of the ignition interlock device, the service provider must receive written or electronic authorization from the local ASAP. This requirement also applies to offenders with a Virginia ignition interlock requirement who are receiving interlock services from a service provider in another state. B. Offenders may not have their ignition interlock device removed or replaced by another manufacturer without written or electronic authorization from the commission. Whenever removal of an ignition interlock device is approved by the commission for the purpose of changing service providers and the authorized removal is a result of a determination that the initial service provider failed to provide a level of service meeting contract requirements, the ignition interlock regulations this chapter, or the Code of Virginia, the original service provider shall bear the costs associated with installation of the device by the new service provider. C. Once the interlock has been removed, the service provider shall send an authorized removal report to the local ASAP via a method established by the commission documenting that the ignition interlock device has been removed. Once the local ASAP has received verification of an authorized removal has been received by, the local ASAP, DMV shall be notified notify the department that the offender has successfully completed the interlock requirements. D. Whenever an ignition interlock device is removed, all components of the motor vehicle altered by the installation or servicing of the ignition interlock device shall be restored to their original, preinstallation condition and removed in a manner so as not to impair the continued safe operation of the vehicle. All severed wires shall be permanently reconnected (soldered) and properly insulated. A commission-approved, post-inspection checklist of the vehicle shall be completed after removal of the device, documenting that whether the vehicle or vehicles did or did not suffer suffered damage due to interlock services provided by the service provider. A copy of the post-inspection checklist shall be placed in the offender's file.
E. No fee shall be charged to the offender for removal of the ignition interlock device.
F. No offender or person accompanying the offender shall be permitted to observe the removal of the ignition interlock device. 24VAC35-60-110. Records and reporting. A. The service provider shall be subject to announced or unannounced site reviews for the purpose of inspecting the facilities and offender records. Upon request, access to all service provider locations, records, and financial information shall be provided to the commission for the purpose of verifying compliance with state law, commission regulations, and the service provider agreement. B. In accordance with federal confidentiality guidelines, all personal and medical information provided to the service provider regarding offenders shall be kept confidential. If the information is temporarily held at the offender's service center facility, it shall be stored in a locked filing cabinet when unattended by a service provider employee. C. After installing an interlock, the service provider shall provide the local ASAP with an installation report, within 24 hours, that includes: 1. The name, address, and telephone number of the offender; 2. The registration information of the motor vehicle; and 3. The serial number of the installed ignition interlock device and camera. D. After performing a monitoring and calibration check, the service provider shall submit to the local ASAP, within 24 hours, all data generated to include: 1. Name of the offender whose device was monitored; 2. Name, address, and telephone number of the monitoring official; 3. Date of monitoring and calibration; 4. Motor vehicle make, model, year, identification number, and odometer reading; 5. Number of miles driven during the monitoring period; 6. Make, model, and serial number of the ignition interlock device and camera; 7. A change out change-out of the device (handset or control box) and reason for the change out change-out; 8. Data indicating that the offender has attempted to start or drive the motor vehicle with a positive BAC at or above the fail point; 9. Attempts to alter, tamper with, circumvent, bypass, or otherwise remove the device; 10. Noncompliance with conditions of the local ASAP or interlock program; 11. Offender concerns; 12. Charges incurred for the monitoring visit; and 13. Date of next scheduled monitoring visit.
1. Installations during the period covered;
2. Calibrations performed during the period, by date and offender name, detailing any unit replacements made during the monitoring period; 3. Datalogger information from all ignition interlock devices; 4. Evidence of misuse, abuse, or attempts to tamper with the ignition interlock device; 5. Device failure due to material defect or improper installation; and 6. A summary of complaints received and corrective action taken. F. The service provider shall be responsible for purchasing and providing necessary computer hardware and software to convey all data and information requested by the commission if the equipment is not already present at the commission office or the local ASAP.
G. Accurate reports shall be submitted to the local ASAP in the format specified by the commission.
H. The service provider shall provide a copy of the most recent "ASAP Ignition Interlock Agreement" to each offender at the interlock installation appointment and shall require the offender to read and sign the agreement. I. The service provider shall maintain secure websites, databases, and information systems for the collection, transmission, storage, and management of all data associated with the remote alcohol monitoring program. Service providers shall implement appropriate administrative, technical, and physical safeguards consistent with industry best practices to protect the confidentiality, integrity, and availability of such information. All data collection, storage, and processing activities shall comply with applicable state and federal privacy, cybersecurity, and confidentiality laws and regulations, and providers shall take all reasonable steps to prevent unauthorized access, disclosure, alteration, or misuse of program data. J. The service provider shall submit to any commission inspection of records and abide by commission reporting directives. 24VAC35-60-120. General service provider requirements. Interlock service providers that are approved to perform ignition interlock services in the Commonwealth of Virginia shall: 1. Abide by all commission memorandums, directives, contract terms, and regulations pertaining to the statewide ignition interlock program unless prohibited by state law. 2. Resolve offender, court, DMV department, local ASAP, commission, and other stakeholder complaints as directed by the commission. 3. Install all local ASAP authorized ignition interlock installations within the time parameters set forth by the commission. In situations where an interlock service facility or facilities become becomes inoperable due to a large scale weather event or some other verified unforeseen circumstances, the service provider shall contact the commission within 24 hours with an action plan to mitigate the impact to customer service. 4. Resolve ignition interlock service facility compliance issues as directed by the commission. 5. Obtain approval from the commission before disseminating any offender training or advertising materials used in association with the Virginia interlock program. 6. Make modifications to the service provider company website that is used to review monthly calibration reports, upon reasonable request by the commission. Reasonable requests include, but are not limited to, changes due to language that is confusing, misleading, offensive, or inaccurate; changes required due to updated technology; changes to the Code of Virginia or the ignition interlock regulations; changes in workload; or changes in product enhancements. 7. Assume full liability for action taken or not taken by an a local ASAP or the commission due to an inaccurate or misleading report, whether electronic or hard copy, provided by the service provider. 8. Be accountable for Virginia offenders with ignition interlock devices installed by its company in another state and ensure that all Virginia interlock processes, regulations, request for proposal terms, contract terms, and commission requirements are met unless prohibited by state law. 9. Notify the commission within 15 days of disciplinary action received from a state where the service provider conducts or has conducted ignition interlock business. This notification shall include the reason for the disciplinary action. This requirement applies regardless of the existence of an appeal. 10. Provide information technology assistance and training, upon reasonable request, to the commission. 11. Report all changes to the ignition interlock device software or firmware, whether temporary or permanent, to the commission within 30 days of release in the Commonwealth of Virginia. 12. In the event of reported vehicle damage, alleged to be due to the service provider's ignition interlock device or workmanship: a. Give immediate notice to the commission once becoming aware of the alleged damage; b. Refrain from modifying or removing the ignition interlock device or its wiring until approved by the commission; c. Exhibit the damaged property to the commission upon request; and d. Provide applicable records and documents to the commission upon request, and permit copies to be made. The commission, in its discretion, reserves the right to hire a qualified, independent expert to examine the vehicle and provide a report that includes an opinion as to the proximate cause of the damage and a repair or replacement estimate. In the event that the damage is determined to be attributable to the service provider's ignition interlock device or workmanship, the ignition interlock service provider shall indemnify the offender for the costs as estimated by the independent expert. In addition, the service provider shall pay for the reasonable cost of the independent expert's report. 24VAC35-60-130. Service provider technician certification. A. Service provider state directors and technicians are required to possess a Virginia Ignition Interlock Certification Letter to perform ignition interlock services in the Commonwealth of Virginia. Newly hired technicians, however, may perform ignition interlock services under the direct supervision of a certified technician for training purposes for up to 90 days prior to obtaining a Virginia Ignition Interlock Certification Letter. The executive director may, in the executive director's discretion, grant a written extension of the 90-day period for good cause shown. In order to apply for a certification letter, service providers shall submit a completed application to the commission for approval of newly hired technicians and state directors. If approved by the commission, this application process may be waived for technicians and state directors providing interlock services in the Commonwealth of Virginia prior to June 30, 2016. The completed application shall include submission of: 1. A completed applicant form provided by the commission An official written request to certify a technician or state director; 2. A complete local and national criminal history check; 3. A complete driver's record; and 4. Documentation issued by the commission of successful completion of the Virginia Ignition Interlock Certification Exam. Failure to submit a completed application will result in disqualification from consideration for a Virginia Ignition Interlock Certification Letter by the commission to perform ignition interlock services in the Commonwealth of Virginia. B. Applicants shall be required to complete a Virginia Ignition Interlock Certification Exam. Successful completion of the exam requires a score of 80% or higher. Applicants who fail to successfully complete the state certification exam on the first attempt shall be allowed a second opportunity to successfully complete the exam. Applicants who fail to successfully complete the state certification exam on the second attempt shall not be allowed to reapply to provide ignition interlock services for the Commonwealth of Virginia for six months from the date of the second failed exam. Service providers shall be required to pay an administrative fee, as provided in 24VAC35-60-50 B 3, to the commission for all second and subsequent attempts to successfully complete the state certification exam. Applicants who successfully pass the state certification exam will receive documentation of successful completion from the commission that shall be submitted with the application for a Virginia Ignition Interlock Certification Letter to perform ignition interlock services in the Commonwealth of Virginia. C. The commission may deny, revoke, suspend, or terminate a Virginia Ignition Interlock Certification Letter for a service provider technician or state director for any of the following reasons:
2. Having been convicted of a misdemeanor potentially punishable by confinement;
3. Committing an unethical, deceptive, or dishonest act that negatively impacts the integrity of the ignition interlock program; 4. Failing to demonstrate the ability to consistently comply with ordinances, statutes, administrative rules, or court orders, whether at the local, state, or federal level; 5. Failing to demonstrate sufficient knowledge or skill required to perform ignition interlock services in the Commonwealth of Virginia; 6. Making a material misstatement or omission in an application; or 7. Defrauding any client, service provider, or other person or entity in the conduct of the licensee's business; or 8. Having previously demonstrated conduct, performance deficiencies, or professional misconduct while employed by or affiliated with another employer, contractor, agency, or service provider that reasonably indicates the applicant may be unable or unwilling to perform the duties required by certification in a competent, ethical, or compliant manner. In making such determination, the executive director may consider, but is not limited to considering, documented disciplinary actions, substantiated complaints, termination for cause, repeated performance deficiencies, violations of professional standards, or other credible evidence of conduct that adversely reflects on the applicant's reliability, integrity, or ability to comply with applicable laws, regulations, or program requirements. A service provider technician or state director whose Virginia Ignition Interlock Certification Letter has been denied, revoked, suspended, or terminated may request judicial administrative review by the agency in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) by requesting an agency hearing within 30 days of notification of such revocation or suspension. Such request shall be in writing and directed to the executive director. In the event that the decision to suspend or revoke the Virginia Ignition Interlock Certification Letter of a service provider's technician or state director is upheld, the technician or state director shall not perform interlock services in the Commonwealth of Virginia for the entire suspension period, or in the case of a revocation or termination, on a permanent basis. This prohibition includes any period during which the denial, suspension, revocation, or termination is being contested. The service provider is required to return the Virginia Ignition Interlock Certification Letter to the commission within 15 days of the date that the certification was suspended, revoked, or terminated, by the commission. D. Once the completed application has been approved by the commission and all other qualifications have been met by the applicant, a Virginia Ignition Interlock Certification Letter to perform ignition interlock services in the Commonwealth of Virginia shall be issued to the applicant by the commission. The certification letter shall contain the effective date of the letter and a certification number specific to the applicant. The certification letter will be valid for a time period specified by the commission unless otherwise suspended, revoked, or terminated but for no longer than the service provider contract end date. In the event that an applicant is not approved for a Virginia Ignition Interlock Certification Letter to perform interlock services in the Commonwealth of Virginia, the commission will notify the service provider in writing within 10 days of the determination. The Virginia Ignition Interlock Certification Letter is subject to review by the commission at its discretion during the course of the certification period. E. An application to renew a Virginia Ignition Interlock Certification Letter for an ignition interlock technician or state director shall be submitted 30 days prior to the expiration date printed on the current certification letter. A technician or state director who has had his state certification revoked or terminated shall be ineligible to reapply for a Virginia Ignition Interlock Certification Letter unless otherwise approved by the commission. F. Service providers are required to surrender Virginia Ignition Interlock Certification Letters for technicians and state directors who are shall provide notification to the commission within 15 days when a technician or state director is no longer employed with their company. The surrendered certification letter shall be sent to the commission within 15 days of the date that the technician or state director is no longer employed with the service provider. G. In addition to the successful completion of the Virginia Ignition Interlock Certification Exam required for application, the commission may order that a technician or state director performing ignition interlock services in the Commonwealth of Virginia review requirements and retake the state certification exam to demonstrate that the technician or state director possesses the knowledge required to perform ignition interlock services in the Commonwealth of Virginia. NOTICE: The following forms used in administering the regulation have been filed by the agency. Amended or added forms are reflected in the listing and are published following the listing. Online users of this issue of the Virginia Register of Regulations may also click on the name to access a form. The forms are also available from the agency contact or may be viewed at the Office of Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219. FORMS (24VAC35-60) VASAP Breath Reduction Form (rev. 9/2015) VASAP Interlock Service Provider Applicant Form (rev. 9/2015) Consent to Install Form (eff. 9/2026) Ignition Interlock Participation Agreement (eff. 9/2026)VA.R. Doc. No. R26-8609; Filed September 28, 2026TITLE 24. TRANSPORTATION AND MOTOR VEHICLESCOMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAMProposedTITLE 24. TRANSPORTATION AND MOTOR VEHICLES COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM Proposed Regulation Title of Regulation: 24VAC35-70. Remote Alcohol Monitoring Device Regulations (amending 24VAC35-70-10, 24VAC35-70-30 through 24VAC35-70-130). Statutory Authority: §§ 18.2-270.1 and 18.2-273.3 of the Code of Virginia. Public Hearing Information: No public hearing is currently scheduled. Public Comment Deadline: December 18, 2026. Agency Contact: Christopher Morris, Special Programs Coordinator, Commission on the Virginia Alcohol Safety Action Program, 1111 East Main Street, Suite 801, Richmond, VA 23219, telephone (804) 786-5895, fax (804) 786-6286, or email chris.morris@vasap.virginia.gov. Basis: Section 18.2-273.9 of the Code of Virginia requires the Commission on the Virginia Alcohol Safety Action Program (VASAP) to promulgate regulations and forms that are necessary to implement the Remote Alcohol Monitoring Program. Additional authority includes applicable provisions of Chapters 686 and 687 of the 2026 Acts of Assembly, which revise and strengthen commission authority and statewide oversight responsibilities relating to VASAP-administered programs. Purpose: This action is necessary to protect the public health, safety, and welfare because it ensures that remote alcohol monitoring devices used in Virginia operate reliably and are administered under consistent statewide standards. Remote alcohol monitoring technology serves as an important public safety and offender accountability tool by enabling courts and supervising agencies to monitor alcohol use and compliance with court-ordered abstinence requirements. Substance: The proposed amendments (i) update and clarify definitions and terminology governing remote alcohol monitoring devices, manufacturers, service providers, technicians, and offender monitoring; (ii) expand commission and Executive Finance Committee authority relating to suspension or revocation of remote alcohol monitoring device or service facility certification; (iii) strengthen calibration, monitoring, and alcohol violation reporting requirements, including timelines for reporting alcohol-related violations, tampering events, and monitoring results to local Alcohol Safety Action Programs (ASAPs); (iv) strengthen records management, cybersecurity, confidentiality, and electronic reporting requirements governing remote alcohol monitoring data and offender information; (v) revise technician and state director certification requirements and processes; and (vi) make technical changes. Issues: The primary advantage of this action to the public and the Commonwealth is that remote alcohol monitoring devices protect the public by ensuring that persons prohibited from drinking by court order adhere to their probationary requirements. Courts, ASAPs, and probationary agencies will have the benefit of receiving real-time information about offenders they supervise. There are no disadvantages to the public or the Commonwealth. Department of Planning and Budget Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1 Summary of the Proposed Amendments to Regulation. The Commission on the Virginia Alcohol Safety Action Program (VASAP) proposes to (i) increase the time that the Executive Finance Committee may suspend certification of a remote alcohol monitoring device or service facility from a period of up to 30 days to up to 90 days, (ii) establish a 30-day limit by which a manufacturer or service provider may request an agency hearing following the notification of a revocation or suspension of a certification, (iii) allow the executive director of the commission to grant a written extension of the 90-day period where newly hired technicians may perform remote alcohol monitoring services under the direct supervision of a certified technician for training purposes prior to possessing a Virginia Remote Alcohol Monitoring Certification Letter themselves, and (iv) add additional reasons for which the executive director may deny, revoke, suspend, or terminate a Virginia Remote Alcohol Monitoring Certification Letter for a service provider technician or state director.2 Additionally, the proposal would update the regulatory language and align the regulatory requirements with current statutory authority and operational practices. Background. According to VASAP staff, Chapters 686 and 687 of the 2026 Acts of Assembly recodified the scattered portions of Virginia laws relating to VASAP under §§ 18.2-273.1 through 18.2-273.9 of thet Code of Virginia. Accordingly, this regulatory proposal includes many updates to the regulatory text for consistency with the statutory definitions and renumbered statutes. The proposal also includes updates to reflect current operational practices that are implemented through the contracts with providers (e.g., records management and electronic reporting requirements; and limitations on subcontracting) that are not reflected in the current regulatory text. Additionally, the commission proposes several other changes as discussed. Estimated Benefits and Costs. One of the proposed changes would increase the time that the Executive Finance Committee may suspend certification of a remote alcohol monitoring device or service facility from a period of up to 30 days to up to 90 days. According to VASAP, a suspension of up to 30 days may not be long enough for the full Commission to consider an indefinite suspension or revocation of a certification, because the Commission regularly meets only four times a year. Extending Executive Finance Committee authority to suspend a certification for up to 90 days is expected to facilitate the full Commission review of the case without interruption in the case of a temporary suspension. Consequently, this change may strengthen compliance due to the longer suspension period and eliminate the possibility of a recently suspended provider or manufacturer being able to resume operations without the full commission having a chance to evaluate the case and reduce safety risks. At the advice of the Attorney General, another proposed change would establish a 30-day limit by which a manufacturer or service provider may request an agency hearing following the notification of a revocation or suspension of a certification. Currently, the language specifies no such limit. According to VASAP staff, 30 days is sufficient to provide adequate time for requesting an agency hearing. Currently, the regulation allows newly hired technicians to perform remote alcohol monitoring services under the direct supervision of a certified technician for training purposes for up to 90 days prior to obtaining possessing a Virginia Remote Alcohol Monitoring Certification Letter. The commission proposes to allow the executive director of the Commission to grant a written extension of the 90-day period when there is a good cause, such as when unforeseen event happens like a natural disaster, sickness, power outage, etc. This could be beneficial for newly hired technicians and their employers. The current regulation lists several situations where the executive director may deny, revoke, suspend, or terminate a Virginia Remote Alcohol Monitoring Certification Letter for a service provider technician or state director. The commission proposes to add the following: "Having previously demonstrated conduct, performance deficiencies, or professional misconduct while employed by or affiliated with another employer, contractor, agency, or service provider that reasonably indicates the applicant may be unable or unwilling to perform the duties required by certification in a competent, ethical, or compliant manner. In making such determination, the executive director may consider, but is not limited to considering, documented disciplinary actions, substantiated complaints, termination for cause, repeated performance deficiencies, violations of professional standards, or other credible evidence of conduct that adversely reflects on the applicant's reliability, integrity, or ability to comply with applicable laws, regulations, or program requirements." VASAP has indicated that there have been issues with technicians who were hired with a prior service provider having poor performance (fired or quit on their own), but there has been no way of denying certification if they came back at a future date and applied for certification with another service provider. Adding this text would enable the executive director to deny certification to applicants who previously displayed misconduct, etc. The remaining changes are related to aligning the regulatory requirements with current statutory authority and operational practices and are not expected to create any significant economic effects other than improving the clarity of the regulation. Businesses and Other Entities Affected. The proposed amendments affect the four remote alcohol monitoring service provider firms and four remote alcohol monitoring manufacturers3 in the Commonwealth, as well as service provider technicians, the manufacturers state directors, and individuals who use the remote alcohol monitoring device.4 The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.5 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.6 The proposal would increase a potential temporary suspension of a service provider or a remote alcohol monitoring device certification from a maximum of 30 days to 90 days; establish a 30-day limit by which a manufacturer or service provider may request an agency hearing; and provide additional reasons to deny, revoke, suspend, or terminate a Virginia Remote Alcohol Monitoring Certification Letter for a service provider technician or state director. Thus, an adverse impact on such affected service providers, service provider technicians, state directors, and manufacturers is indicated. Small Businesses7 Affected.8 According to VASAP, the four manufacturers that also operate service centers are national companies which do not meet the definition of a small business. Therefore, no impact on small businesses is expected. Localities9 Affected.10 The proposed amendments do not introduce costs for localities, nor do they disproportionately affect any locality. Projected Impact on Employment. The proposed amendments do not appear to directly affect employment. However, a longer temporary suspension of remote alcohol monitoring device or service facility certification may temporarily reduce supply of such devices and services resulting in a transitory negative employment impact. Effects on the Use and Value of Private Property. No direct effects on the use and value of private property are expected. No impact on real estate development costs are expected. _____________________________ 1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property. 2 The regulation defines state director as a manufacturer employee who provides oversight of the manufacturer's remote alcohol monitoring device operations in Virginia.. 3 According to VASAP, the four manufacturing firms are the same businesses as the four service providers. 4 Data source: VASAP. 5 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. 6 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation. 7 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million." 8 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified. 9 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur. 10 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact. Agency Response to Economic Impact Analysis: The Commission on the Virginia Alcohol Safety Action Program concurs with the content of the economic impact analysis prepared by the Department of Planning and Budget. Summary: The proposed amendments modernize and strengthen Virginia's statewide remote alcohol monitoring program and align regulatory requirements with current operational practices, technology, and Commission on the Virginia Alcohol Safety Action Program oversight responsibilities. 24VAC35-70-10. Definitions. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Alcohol" means ethyl alcohol, also called ethanol (C2H5OH). "ASAP" means a local alcohol safety action program. "Blood alcohol concentration" or "BAC" means the amount of alcohol in an offender's blood or breath, as determined by chemical analysis, that is measured by the number of grams of alcohol per 100 milliliters of blood or 210 liters of breath. "Bodily fluid" means any bodily fluid capable of being used to estimate blood alcohol concentration, provided the relationship between such bodily fluid and BAC has been established according to scientifically acceptable standards. Such fluids include blood, exhaled deep lung breath, perspiration (transdermal), and saliva. "Breath test" means an analysis of the breath alcohol concentration of a deep lung breath sample, where "deep lung breath sample" or "alveolar breath sample" means a minimum 1.0-liter air sample that is the last portion of a prolonged, uninterrupted exhalation and that gives a quantitative measurement of alcohol concentration from which breath sample concentrations can be determined. "Alveolar" refers to the alveoli that, which are the smallest air passages in the lungs surrounded by capillary blood vessels and through which an interchange of gases occurs during respiration. "Calibration" means a device system check indicating the absence of issues that affect the remote alcohol monitoring device's ability to provide an accurate alcohol concentration reading. "Commission" means the Commission on the Virginia Alcohol Safety Action Program or its designee. "Device" means a remote alcohol monitoring device. "Device certification" means the testing and approval process required by the Commission on Virginia Alcohol Safety Action Program commission for all remote alcohol monitoring devices. "Executive director" means the executive director of the commission. "Executive Finance Committee" means the advisory subcommittee of the commission, composed of the Executive Director of the Commission on Virginia Alcohol Safety Action Program, two executive director and other members that the commission members, and such other persons as the commission designates may designate, which is authorized to take action on behalf of the commission for a period not to exceed 90 days in matters of program certification, suspension, or related fiscal oversight. "Local alcohol safety action program" or "local ASAP" means a program established pursuant to § 18.2-273.4 of the Code of Virginia that provides probation, education, and rehabilitation services for persons referred by a court, the Department of Motor Vehicles, or any other source approved by the commission. "Manufacturer" means the entity that is responsible for the design, production, and distribution of remote alcohol monitoring devices to service providers. "Offender" means the individual required by the court to use a remote alcohol monitoring device. "Orientation" means to increase offender familiarity and understanding of remote alcohol monitoring device operation and program expectations through training and set up set-up of the remote alcohol monitoring device for use by the offender. "Remote alcohol monitoring device" means an unsupervised mobile testing device with the ability to confirm the location and presence of alcohol in a person and that is capable of scheduled, random, and on-demand tests that provide immediate or as-requested results. A testing device may be worn or used by persons ordered by the court to provide measurements of the presence of alcohol in their blood via breath or bodily fluid. "Retest" means an additional opportunity to provide a deep lung breath or transdermal sample. "Routine maintenance" means inspection, calibration, and other simple, small-scale activities associated with regular and general upkeep of the remote alcohol monitoring device against normal wear and tear but does not include internal repair. "Service center" means the physical location where remote alcohol monitoring services are performed. "Service provider" means an authorized entity that provides orientation of approved remote alcohol monitoring devices for manufacturers. Among other activities, service providers may calibrate and perform routine maintenance of devices as well as provide required reports and testify in court. In some cases, the service provider may also be a manufacturer of a remote alcohol monitoring device. "Set point" means the level at which the breath or transdermal alcohol concentration initiates a sequence of events to determine if the BAC or TAC sample is a confirmed alcohol event. "State director" means a manufacturer employee who provides oversight of the manufacturer's remote alcohol monitoring device operations in the Commonwealth of Virginia. "Tampering" means an unlawful act or attempt to disable or circumvent the legal operation of the remote alcohol monitoring device. "Technician" means a service provider employee who provides remote alcohol monitoring services in the Commonwealth of Virginia on behalf of a manufacturer. "Testing window" means a time period programmed into the remote alcohol monitoring device in which an offender can provide an on demand, random, or scheduled breath or transdermal test. "Transdermal" means transfer through the skin or the quantification of alcohol from a vapor after it passes through the skin. "Transdermal alcohol content" or "TAC" means the detection of alcohol in human subjects using an external, noninvasive detection device attached and secured to the skin with tamper resistance approved by the commission. "Transdermal test" means an analysis of the transdermal concentration of a bodily fluid sample. "Violation" means an event that breaches the guidelines for use of the remote alcohol monitoring device, such as a breath or transdermal test indicating alcohol consumption; a refusal to provide a deep lung breath or transdermal sample; altering, concealing, hiding, or attempting to hide one's identity from the remote alcohol monitoring device's camera while providing a breath sample; or tampering that breaches the guidelines for use of the remote alcohol monitoring device. "Virginia Remote Alcohol Monitoring Certification Letter" means a letter issued by the commission to a service provider technician or state director authorizing the service provider technician or state director to perform remote alcohol monitoring services in the Commonwealth of Virginia. 24VAC35-70-30. Approval of manufacturers. A. The commission shall issue a request in compliance with the Commonwealth of Virginia Virginia's procurement procedures to contract with remote alcohol monitoring manufacturers for the services and commodities required for the implementation and maintenance of the Commonwealth's Virginia's remote alcohol monitoring program. Contracts will be for a length of time established by the commission. Absent exigent circumstances necessitating additional providers or services, the commission shall not enter into additional contracts with remote alcohol monitoring manufacturers or service providers except during a procurement period where the commission is reviewing service provider contracts for approval.
B. A manufacturer seeking to contract with the commission shall:
1. Submit evidence demonstrating successful experience in the development and maintenance of a remote alcohol monitoring service program in Virginia, other states, or other countries; 2. Supply and train staff, technicians, and state directors and provide remote alcohol monitoring device orientation to ensure good customer service and compliance with all contract requirements. Personnel seeking to perform remote alcohol monitoring services or administrative duties in the Commonwealth of Virginia shall not necessarily be barred from employment due to a criminal record; however, a criminal record may be considered in conjunction with other information to determine the overall suitability of applicants for employment; 3. Provide, upon request of the commission or the court, via a properly served subpoena, expert or other required testimony in any civil, criminal, or administrative proceedings as to the method of manufacturing the device, remote alcohol monitoring functionality, and the testing protocol by which the device is calibrated and serviced. The manufacturer may assign a service provider designee to perform these duties; 4. Identify all key personnel who will be providing remote alcohol monitoring services for the Commonwealth of Virginia and furnish the commission with credentials on these personnel; 5. Notify the commission at least five business days in advance of a reduction in staffing levels of key personnel in the Commonwealth of Virginia; 6. Ensure that service provider technicians and state directors, or their designee, are trained and available to testify in court if required by a court or Commonwealth's Attorney attorney for the Commonwealth, or upon a 10-business-day notice by the local ASAP in that court's jurisdiction, regardless of whether a subpoena is issued; 7. Submit a description of the manufacturer's plan, to be approved by the commission, for distribution of the device to all locations of the Commonwealth of Virginia where remote alcohol monitoring services will be performed. Services shall be made available within a 50-mile radius of every residence in the Commonwealth of Virginia unless otherwise authorized by the commission. Manufacturers are permitted to subcontract remote alcohol monitoring services to third-party service providers that meet the requirements of this chapter for delivery of their remote alcohol monitoring services in the Commonwealth of Virginia. Alcohol Safety Action Programs Local ASAPs may qualify as third-party service providers for a manufacturer for remote alcohol monitoring services in the Commonwealth of Virginia if approved by the commission. Alcohol Safety Action Programs Local ASAPs that are approved by the commission to contract with remote alcohol monitoring manufacturers to provide remote alcohol monitoring services shall employ a minimum of one state-certified technician for every 50 remote alcohol monitoring offenders monitored by their program and shall meet the same certification requirements as all other service providers; 8. Submit sufficient documentation to enable the verification of adequate insurance to cover liability related to remote alcohol monitoring operations, services, and equipment, including coverage in Virginia, with a minimum policy limit of $1 million per occurrence and $3 million general aggregate total. This liability insurance shall be considered primary above all other available insurance and shall so stipulate in the "other insurance" or applicable section of the insurance contract. The manufacturer shall provide a signed statement holding harmless the Commonwealth of Virginia and the commission and its members, employees, and agents from all claims, demands, and actions as a result of damage or injury to persons or property that may arise directly or indirectly out of an act or omission by the manufacturer or the manufacturer's service provider relating to the orientation, service, repair, or use of a remote alcohol monitoring device. Coverage shall extend to any action taken or not taken by local ASAPs (unless the local ASAP is a service provider for a remote alcohol monitoring device manufacturer) or the commission due to verified errors in reporting of remote alcohol monitoring device activity by the manufacturer or the manufacturer's service provider; 9. Submit documentation that the manufacturer will provide a state remote alcohol monitoring director who will serve as a central point of contact for the commission regarding all aspects of the manufacturer's remote alcohol monitoring operations in the Commonwealth Virginia. Among other duties, the manufacturer's state remote alcohol monitoring director will be expected to (i) respond promptly to problems in the field; (ii) upon request of the commission, provide testimony themselves or through their designee before applicable courts, the General Assembly of Virginia, or the commission; (iii) assist and provide training to the commission; and (iv) be responsible for quality control of reports and statistics, updates to all required documentation, and field services reporting and repairs. In the event of a state director vacancy, the manufacturer shall submit to the commission the name of an interim state director within 10 days of the vacancy and the name of a permanent state director within 90 days of the vacancy; 10. Not discriminate against an employee or applicant for employment due to race, religion, color, sex, national origin, age, disability, or other basis prohibited by state or federal law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary for the normal operation of the manufacturer or the manufacturer's service provider. The manufacturer agrees to post at all service provider locations in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Furthermore, the manufacturer shall require that its service providers, in all solicitations or advertisements for employees placed by or on behalf of the service provider, state that the contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this subdivision; 11. Not knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986 (P.L. 99-603; 100 Stat. 3359) during the performance of the contract for goods and services; 12. 11. Notify the commission in writing within 15 days of a disciplinary action taken by a state or other political entity against the manufacturer in areas where the manufacturer conducts or has conducted remote alcohol monitoring business. This notification shall include the reason for the disciplinary action and other information as the commission may reasonably request. This requirement applies regardless of the existence of an appeal; 13. 12. Notify the commission in writing of all final adjudications against the manufacturer related to the remote alcohol monitoring device or delivery of remote alcohol monitoring services; 14. 13. Provide remote alcohol monitoring generated reports and report all required alcohol-related violations to the Alcohol Safety Action Program local ASAP of jurisdiction; and 15. 14. Provide documentation annually of the manufacturer's certification to the current International Organization for Standardization (ISO) 9001 Quality Management System (QMS) for aspects related to design, maintenance, and distribution of a remote alcohol monitoring device. Along with this certification, a copy of the manufacturer's Quality Assurance Plan (QAP) for checking the accuracy of the calibration of the remote alcohol monitoring device is required. C. Provided that all manufacturer, facility certification, and device certification requirements are met, the commission may contract with those manufacturers and may approve multiple makes and models of remote alcohol monitoring devices for use in the Commonwealth of Virginia. 24VAC35-70-40. Remote alcohol monitoring service facility certification. Each remote alcohol monitoring service facility shall be inspected and certified by the commission prior to opening and at least annually thereafter after opening. Remote alcohol monitoring service facilities shall: 1. Comply with all local business license and zoning requirements and with all federal, state, and local health, fire, and building code requirements. Prior to the jurisdictional compliance deadline, a copy of a valid business license or business license payment receipt, and tax document shall be posted in a conspicuous place at the service facility immediately upon receipt when applicable; 2. Comply with all local, state, and federal laws pertaining to the provisions of physical access to persons with disabilities; 3. Maintain offender records in a manner that complies with federal confidentiality guidelines. All offender files, payment receipts, and other identifying information shall be located in locked filing cabinets if unattended by a technician. Electronic storage of offender files shall be encrypted and secured to prevent third party third-party access; 4. Require and enforce maintenance of a drug-free workplace and have posted, in a conspicuous place available to employees and applicants for employment, a statement notifying employees that the manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the service provider's workplace. The notice shall specify the actions that may be taken against employees for violations of the policy; 5. Notify offenders of the address and closure date of any remote alcohol monitoring service facility and provide the address of an alternate remote alcohol monitoring service facility within 15 days of the closure date, if applicable; 6. Ensure that employees maintain a professional appearance and are attired in such a manner as to be readily identifiable as service provider employees; 7. Ensure that the locations where remote alcohol monitoring services are performed are tidy and pose no hazards to public safety; and 8. Provide the commission, at a minimum of 20 days', with a 20-day notice prior to the scheduled opening date of a new location. This requirement allows the commission reasonable time to schedule an inspection of the new facility prior to opening services to ASAP offenders. 24VAC35-70-50. Remote alcohol monitoring device specifications and certification. A. All remote alcohol monitoring devices used in the Commonwealth of Virginia shall be certified by the commission. The commission shall maintain a list of approved remote alcohol monitoring devices. B. A manufacturer seeking to have a remote alcohol monitoring device certified by the commission shall submit: 1. The name and address of the remote alcohol monitoring device manufacturer; 2. The name and model number of the remote alcohol monitoring device; and 3. A detailed description of the device, including drawings, wiring protocols, if applicable, and instructions used in for device orientation. C. The manufacturer or the manufacturer's service provider shall provide literature promoting its the device to the commission and for distribution to the local ASAPs. D. The manufacturer shall provide a certification report that the remote alcohol monitoring device conforms to the minimum specifications set forth by the commission. Included with the certification report should be the name and location of the testing facility, the address and phone telephone number of the testing facility, and the names and qualifications of the individuals performing the tests. This section applies only to the portion of the device that records breath or bodily fluid samples for analysis. At a minimum, the following specifications shall be met: 1. The remote alcohol monitoring device shall work accurately and reliably in an unsupervised environment at minimal inconvenience to others. 2. The remote alcohol monitoring device shall be able to analyze a specimen of alveolar breath or bodily fluid for alcohol concentration, correlate accurately with established measures of blood or transdermal alcohol concentration, and be calibrated according to the manufacturer's specifications. 3. The remote alcohol monitoring device shall use an electrochemical fuel cell or other technology approved by the commission that reacts to and measures ethanol. 4. A remote alcohol monitoring device that is designed to take a breath test shall indicate when an acceptable breath sample has been collected, indicating this by audible or visual means. The remote alcohol monitoring device shall not be set to a breath volume requirement of less than 1.0 L 1.5 L unless otherwise approved by the executive director or the executive director's designee. 5. The remote alcohol monitoring device shall detect and record a BAC or TAC for all completed breath or bodily fluid samples. 6. The results of the test shall be noted through the use of green, yellow, and red signals or similar pass or fail indicators. No digital blood or transdermal alcohol concentration shall be indicated to the offender. 7. The remote alcohol monitoring device shall automatically purge alcohol before allowing subsequent analyses. 8. The remote alcohol monitoring device shall be capable of random, scheduled, continuous, or on-demand tests that provide immediate, scheduled, or on-demand results. 9. The internal memory of the remote alcohol monitoring device shall be capable of recording and storing a minimum of 500 remote alcohol monitoring events. 10. The remote alcohol monitoring device shall be designed and set up in a manner as to minimize opportunities for tampering, alteration, bypass, or circumvention. 11. The remote alcohol monitoring device shall be capable of recording and providing evidence of actual tampering, alteration, bypass, or circumvention. 12. The remote alcohol monitoring device shall operate accurately and reliably at temperatures between 10º 10ºC and 40ºC. 13. The remote alcohol monitoring device shall operate up to altitudes of 2.5 km above sea level. 14. The readings of the remote alcohol monitoring device shall not be affected by humidity, dust, electromagnetic interference, smoke, or food substance when used in accordance with the manufacturer's instructions. 15. The remote alcohol monitoring device shall be set up with a means to confirm the location and presence of alcohol in an offender. If a remote alcohol monitoring device is equipped with global positioning system (GPS) capabilities, GPS coordinates are may not to be shared by the manufacturer or service provider, unless required by court order, subpoena, or law. 16. The remote alcohol monitoring device shall have a set point equivalent to 0.02g/210 liters of breath unless otherwise approved by the commission. For the purposes of this subsection, "set point" means the level at which the breath or transdermal alcohol concentration initiates a sequence of events to determine if the BAC or TAC sample is a confirmed alcohol event. 17. The testing window shall be 30 minutes unless otherwise approved by the commission. For the purposes of this subsection, "testing window" means a time period programmed into the remote alcohol monitoring device within which an offender can provide an on-demand, random, or scheduled breath or transdermal test. 18. Remote alcohol monitoring devices that are not continuously attached to the offender to confirm identity shall be equipped with an internal camera to provide evidence that the offender is the individual providing breath samples into the device as required by law or court order. 19. The remote alcohol monitoring device shall prompt for a subsequent breath or transdermal test 30 minutes after any reading above the set point. If the subsequent test records any BAC level, or is refused, a confirmed alcohol violation will be reported to the local ASAP by the manufacturer or the manufacturer's service provider in a manner specified by the commission, unless the manufacturer has its own alcohol violation confirmation process. In situations where a manufacturer has its own alcohol violation confirmation process, the manufacturer may use its process as an alternative standard to report an alcohol violation if approved by the commission. 20. Prompted remote alcohol monitoring device tests that are not provided within the testing window shall be reported as a confirmed alcohol violation to the local ASAP by the manufacturer or the manufacturer's service provider in a manner specified by the commission. 21. In the event the remote alcohol monitoring device battery level falls below 20%, the device shall prompt the offender to connect to a power supply. A low battery condition under 20% of capacity and connecting or disconnecting the device from a constant power supply shall be uniquely recorded in the device's memory. 22. Remote alcohol monitoring devices shall have calibration stability of at least six months. 23. Remote alcohol monitoring devices shall be produced by a manufacturer that maintains certification to the current International Organization for Standardization (ISO) 9001 Quality Management Systems for aspects related to the design, maintenance, and distribution of the device. Documentation demonstrating compliance with this requirement shall be submitted to the commission by the manufacturer on an annual basis. E. All remote alcohol monitoring devices that have been approved by the commission shall have affixed a warning label with the following language: "Any person tampering with or attempting to circumvent this remote alcohol monitoring system shall be guilty of a Class 1 misdemeanor and, upon conviction, be subject to a fine or incarceration or both." Remote alcohol monitoring devices may be equipped with a GPS. If a remote alcohol monitoring device is equipped with a GPS, the following additional language is required in bold on the warning label: "Please note that this remote alcohol monitoring device is equipped with a functioning GPS." The cost and supply of the warning labels to be affixed to the remote alcohol monitoring devices shall be borne by the manufacturer or service provider. The manufacturer or service provider shall submit to the commission a prototype of the warning label for approval. F. Additional technical specifications for the operation and installation of the remote alcohol monitoring device may be described in the contract between the commission and the manufacturer. G. The manufacturer shall notify the commission in writing if the approval or certification of a device that is approved, or has been submitted for approval for use in Virginia, is or ever has been denied, withdrawn, suspended, or revoked in another state, whether the action occurred before or after approval in Virginia. This notification shall be made in a timely manner, not to exceed 15 days after the manufacturer has received notice of the denial, withdrawal, suspension, or revocation of approval or certification of the device, whether or not the action will be or has been appealed. 24VAC35-70-60. Fees. A. All potential manufacturers desiring to conduct business in the Commonwealth of Virginia's remote alcohol monitoring program shall submit a $250 nonrefundable application fee to the commission. B. The following additional fees shall be paid by the manufacturer to the commission: 1. A $250 annual contract review fee; 2. A $50 annual review fee for each remote alcohol monitoring service location; 3. A $30 monthly remote alcohol monitoring administrative fee for each offender. The fee shall be accompanied by an associated offender list, categorized by local ASAP, supporting the payment amounts. The local ASAP offender list and payment shall be submitted no later than the 10th day of the month following the month when the remote alcohol monitoring services were are provided; 4. A $250 retest fee each and every time a service provider employee is required to take a second or subsequent Virginia Remote Alcohol Monitoring Certification Exam due to an unsuccessful attempt on the first exam; and 5. A $250 remote alcohol monitoring device certification fee for any new device proposed for use in the Commonwealth Virginia. C. Service providers may charge offenders for remote alcohol monitoring services at rates up to, but not to exceed, the following:
1. $80 for a standard remote alcohol monitoring device orientation;
2. $330 plus applicable taxes per month for remote alcohol monitoring device calibrations and monitoring, inclusive of the monthly administrative fees to be paid to the commission; 3. $10 per month for optional insurance to cover theft or accidental damage to the remote alcohol monitoring device and its components; 4. An amount of 10% over the actual replacement cost of the remote alcohol monitoring device and its components when theft or accidental damage occurs and the offender has not purchased the optional insurance; 5. $50 plus mileage calculated at the Commonwealth of Virginia Virginia's mileage rate in effect at the time, not to exceed 100 miles, for service calls; 6. $35 for missed appointments; and 7. An amount permitted by the Code of Virginia at the time for returned checks. D. All manufacturers or their manufacturer's service providers shall create and maintain an indigency fund for offenders who are eligible for a reduction in fees based upon a declaration of indigency by the court and approval by the commission. No manufacturer or manufacturer's service provider shall deny service to any offender for whom there has been a declaration of indigency by the court and approval by the commission. E. No manufacturer or service provider shall charge a deposit to an offender or require an offender to have a co-signer in order to provide a remote alcohol monitoring device or services to an offender. 24VAC35-70-70. Suspension or revocation of remote alcohol monitoring devices or service facility certification. A. The commission may indefinitely suspend or revoke certification of a remote alcohol monitoring device or service facility. The Executive Finance Committee, for a period not to exceed 30 days, may suspend, for a period not to exceed 90 days, or revoke certification of a remote alcohol monitoring device or service facility for the following reasons:
2. When a device is discontinued by the manufacturer;
3. When the manufacturer's liability insurance is terminated or canceled, or, in cases where the service provider is responsible for the liability insurance, the insurance is canceled and not remedied by the manufacturer within three business days; 4. When the manufacturer or a manufacturer's service provider attempts to conceal its true ownership; 5. When the manufacturer provides materially false or inaccurate information is provided relating to a device's performance standards by the manufacturer; 6. When there are defects in design, materials, or workmanship causing repeated failures of a device; 7. When a manufacturer or a manufacturer's service provider knowingly permits nonqualified employees to perform work; 8. When a manufacturer or a manufacturer's service provider assists users with circumventing or tampering with a device; 9. When a manufacturer or service provider fails to fully correct an identified remote alcohol monitoring facility noncompliance issue within the timeframe required by the Code of Virginia, the provisions of this chapter, or a remote alcohol monitoring manufacturer contract; 10. When there is a pattern of identified remote alcohol monitoring facility noncompliance issues; 11. When a manufacturer or a manufacturer's service provider impedes, interrupts, disrupts, or negatively impacts an investigation conducted by the commission involving customer service issues or other another complaint brought forward by a third party; 12. When there is an identified public safety or offender confidentiality issue at a remote alcohol monitoring service facility; or 13. When a manufacturer fails to maintain annual certification with the International Organization for Standardization (ISO) 9001 Quality Management System (QMS) for aspects related to design, maintenance, and distribution of a remote alcohol monitoring device; or 14. When the manufacturer or service provider fails to comply with any requirements of 24VAC35-70-120. B. If a suspension or revocation of a remote alcohol monitoring device or service facility certification occurs, the manufacturer may request judicial administrative review by the agency in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) by requesting an agency hearing within 30 days of notification of such revocation or suspension. Such request shall be in writing and directed to the executive director. Should a revocation of certification be upheld, the manufacturer whose device has been revoked (i) shall be responsible for removal of all devices installed and serviced by the manufacturer's service providers that are subject to the revocation and (ii) will bear the costs associated with the required removal and installation of new approved devices. In addition, the manufacturer whose device or facility is subject to the revocation shall continue to provide services for these local ASAP offenders for a time to be determined by the commission, but no longer than 90 days. C. When the certification of a remote alcohol monitoring device or remote alcohol monitoring service facility is suspended or revoked, manufacturers shall continue to make sure services are provided for local ASAP offenders; however, no new remote alcohol monitoring installations shall be permitted during the period of suspension. D. If a manufacturer or a manufacturer's service provider terminates the contract or goes out of business, the manufacturer shall be responsible for removal of all of its devices operational in the Commonwealth Virginia and shall bear the costs associated with required offender transfers to new approved devices. In addition, if a manufacturer or a manufacturer's service provider terminates the contract or goes out of business, the manufacturer or manufacturer's service provider shall continue to provide services for 90 days after notification to the commission that services will be terminated in Virginia. 24VAC35-70-80. Remote alcohol monitoring device orientation. A. No offender who has a court order pursuant to § 18.2-270.1 of the Code of Virginia shall use a remote alcohol monitoring device in Virginia unless enrolled in and monitored by the local ASAP. Prior to providing offender orientation of the device, the service provider shall first receive written or electronic authorization from the local ASAP for the particular offender. This section also applies to out-of-state offenders who have a Virginia court-ordered remote alcohol monitoring requirement. This enables the commission to maintain consistency in policy and use of remote alcohol monitoring devices in the Commonwealth of Virginia and allows for a consistent pattern of instruction to the manufacturer's service providers. B. The remote monitoring device shall have orientation provided by a commission-approved service provider to the offender within 30 days of the date of the court order; if the offender is not, at fault. In situations where orientation is not provided within 30 days of the date of the court order, the service provider shall notify the local ASAP. Once orientation has occurred, the service provider shall notify the local ASAP via a method established by the commission, documenting that the remote alcohol monitoring device orientation has been completed. C. All agreements between the service provider and the offender shall be in the form of a contract and signed by the service provider and the offender. Copies of the contract shall be retained by the service provider in a manner that complies with federal confidentiality guidelines, with a copy given to the offender.
1. Photo identification; and
2. Written authorization from the commission when the air volume requirement, blow pressure, or anti-circumvention features of the remote alcohol monitoring device are to be lowered or disabled in order to compensate for an offender's diminished lung capacity, when applicable. E. A training video for remote alcohol monitoring devices shall be developed and delivered by the service provider to the offender, including information on the use and maintenance of the device as well as procedures for regular and emergency servicing. A remote alcohol monitoring demonstration unit shall be made available to an offender at the offender's orientation appointment for training and practice purposes. F. Prior to attaching a transdermal unit distributing a remote alcohol monitoring device to an offender, the offender must be breath tested using a remote alcohol monitoring device certified by the commission for use in Virginia to confirm the offender has no BAC level. If during the orientation and demonstration of the remote alcohol monitoring device, the offender provides a positive BAC, the local ASAP shall be notified and the orientation appointment shall be rescheduled. G. The service provider shall maintain a toll-free 24-hour emergency telephone service that may be used to request assistance in the event of failure of the remote alcohol monitoring device. The assistance provided by the authorized service provider shall include technical information. The remote alcohol monitoring device shall be made functional within 48 hours of the call for assistance or the remote alcohol monitoring device shall be replaced. H. At the time of device orientation, a service provider may charge an orientation fee. The maximum permissible cost for orientation of the device shall be set by the commission, and service providers shall not be permitted to exceed the maximum fee established by the commission. A portion of these fees shall include costs for offender indigency funds. In addition to the maximum fee permitted, service providers may collect applicable taxes and charge for optional insurance to cover device theft or accidental damage. Optional insurance may be offered by the service provider, and a written copy of the insurance policy stating clearly the applicable coverages, coverage amounts, conditions, and exclusions shall be given to offenders who purchase the insurance. I. The manufacturer or manufacturer's service providers shall provide service to those offenders who are eligible for a reduction in fees based upon a declaration of indigence by the court and approval by the commission. J. A remote alcohol monitoring device installed and assigned to one offender shall not be assigned simultaneously to any additional offender for the purpose of attempting to comply with a court-ordered Virginia remote alcohol monitoring requirement. K. Remote alcohol monitoring services provided by one service provider for an individual offender shall not be transferred to another remote alcohol monitoring service provider without written permission from the commission. If the offender's reason to transfer to another remote alcohol monitoring service provider is based upon a malfunctioning remote alcohol monitoring device or legitimate customer service issue, the commission shall not unreasonably deny permission. L. Remote alcohol monitoring test times shall be set by the court of jurisdiction. In the absence of recommended time settings by the court of jurisdiction, default test times shall be set by the commission executive director. 24VAC35-70-90. Calibration and monitoring. A. Only calibration units found on the current National Highway Traffic Safety Administration's Conforming Products List of Calibrating Units for Breath Alcohol Testers or subsequently approved for inclusion in the next conforming products list publication, and certified by the commission shall be used by manufacturers or their a manufacturer's service providers provider to calibrate remote alcohol monitoring devices.
B. The manufacturer or the manufacturer's service provider shall:
1. Provide calibration and monitoring of the remote alcohol monitoring device at least every 30 days. If the device self-system check during calibration indicates a potential inaccuracy issue, the manufacturer or service provider shall: a. Check the remote alcohol monitoring device for accuracy using a dry gas reference sample approved by the commission; b. Check the remote alcohol monitoring device for accuracy by using a dry gas alcohol standard with an alcohol reference value between 0.030 and 0.050 g/210L; c. Expel a three-second purge of the remote alcohol monitoring device prior to introducing the alcohol reference sample into the device. This is not required if there is less than three inches of tubing from the dry gas dispenser to the device; d. Perform an accuracy check that will consist of two consecutive reference checks with the result of each individual check being within plus or minus 10% or 0.003, whichever is greater, of the alcohol reference value introduced into the remote alcohol monitoring device. The time period between the first and second consecutive accuracy checks shall not exceed five minutes; and e. Store dry gas alcohol standard tanks in a manner consistent with the gas manufacturer's specifications. The dry gas tanks shall have a label attached that contains the components and concentration of the reference value of the gas, an expiration date that shall not be longer than three years from the date of preparation, and the lot or batch number. Dry gas alcohol standards must be certified to a known reference value and be traceable to the National Institute of Standards and Technology. The reference value shall be adjusted for changes in elevation and pressure. Manufacturers A manufacturer or their a manufacturer's service providers provider shall possess a certificate of analysis from the dry gas standard manufacturer. Dry gas tanks shall be secured in a manner as to prevent harm to the public; 2. Retrieve data from the remote alcohol monitoring device data log for the previous period and electronically submit alcohol-related violations to the local ASAP within 24 hours of retrieval; 3. Check the remote alcohol monitoring device for signs of circumvention or tampering if suspicious activity has been indicated to the service provider and electronically report violations to local ASAP within the required timeframe established by the commission 24 hours of retrieval; 4. Collect the monthly monitoring fee from the offender. If an offender who has not been declared to be indigent by the court is one or more months delinquent in payments, the service provider may, in its discretion, refuse to provide services but shall not retrieve the remote alcohol monitoring device without authorization from the commission. Offenders with an outstanding balance in excess of $250 with any Virginia-approved remote alcohol monitoring device service provider shall not be permitted to install a remote alcohol monitoring device with another remote alcohol monitoring service provider unless otherwise approved by the commission; and 5. Conform to other calibration requirements established by the commission, as applicable. C. All malfunctions other than routine maintenance of the remote alcohol monitoring device shall be either repaired or replaced by the manufacturer within two business days at no additional expense to the offender. If it is shown that the malfunction is due to damage to the device as a result of mistreatment or improper use, the offender shall be responsible for applicable repair or replacement fees. Routine maintenance of the device may be performed by the service provider. D. The remote alcohol monitoring device shall record, at a minimum, the following data: 1. The time and date of all breath or transdermal tests; 2. The breath or transdermal alcohol level of all tests; 3. The time and date of attempts to tamper or circumvent the remote alcohol monitoring device; 4. For a unit that uses a breath sample, a photo of each person delivering an accepted breath test sample for analysis by the remote alcohol monitoring device; and 5. A reference photo of the offender. E. A service provider may charge a monthly monitoring fee. The maximum permissible cost for monitoring and calibration shall be set by the commission through the remote alcohol monitoring regulations, and service providers shall not be permitted to exceed the maximum fee established by the commission. A portion of these fees shall include costs for administrative support and offender indigency funds. In addition to the maximum fee permitted, service providers may collect applicable taxes and charge for optional insurance to cover device theft and accidental damage. Fees for the first monthly monitoring and calibration visit will be collected from the user offender in advance at the time of installation and monthly thereafter when services are rendered. 24VAC35-70-100. Remote alcohol monitoring device retrieval. A. Prior to retrieval of the remote alcohol monitoring device, the service provider must receive written or electronic authorization from the local ASAP. This requirement also applies to offenders with a court-ordered Virginia remote alcohol monitoring requirement who are receiving services from a service provider in another state. B. Offenders may not have their remote alcohol monitoring device retrieved or replaced by another manufacturer without written or electronic authorization from the commission. Whenever retrieval of a remote alcohol monitoring device is approved by the commission for the purpose of changing service providers, and the authorized retrieval is a result of a determination that the initial service provider failed to provide a level of service meeting contract requirements, the remote alcohol monitoring regulations, or the Code of Virginia, the original service provider shall bear the costs associated with orientation of the device by the new service provider. C. Once the remote alcohol monitoring device has been retrieved, the service provider shall send an authorized report to the local ASAP via a method established by the commission documenting that the remote alcohol monitoring device has been retrieved by the service provider.
D. No fee shall be charged to the offender for retrieval of the remote alcohol monitoring device.
24VAC35-70-110. Records and reporting. A. The service provider shall be subject to announced or unannounced site reviews by the commission for the purpose of inspecting the facilities and offender records. Upon request, access to all service provider locations, records, and financial information shall be provided to the commission for the purpose of verifying compliance with state laws, commission regulations, and service provider agreements. B. In accordance with federal confidentiality guidelines, all personal and medical information provided to the service provider regarding offenders shall be kept confidential. If the information is temporarily held at the offender's service center, it shall be stored in a locked filing cabinet when unattended by a service provider employee. For the purposes of this subsection, "service center" means the physical location where remote alcohol monitoring services are performed. C. After providing orientation for a remote alcohol monitoring device, the service provider shall provide the local ASAP, within 24 hours, an orientation report that includes:
2. The serial number of the offender's remote alcohol monitoring device.
D. After performing a monitoring and calibration check, the service provider shall submit to the local ASAP, within 24 hours, all data generated, to include: 1. Name of the offender whose device was monitored; 2. Name, address, and telephone number of the monitoring official; 3. Date of monitoring and calibration; 4. Make, model, and serial number of the remote alcohol monitoring device; 5. Attempts to alter, tamper with, circumvent, bypass, or otherwise remove the device; 6. Noncompliance with conditions of the local ASAP or remote alcohol monitoring program; 7. Offender concerns; 8. Charges incurred for the monitoring visit; 9. Date of the next scheduled monitoring visit; 10. For devices that use a breath sample, a photo of each person who has delivered an accepted breath test sample or missed a retest on the remote alcohol monitoring device; 11. A reference photo of the offender; and 12. All identified alcohol-related violations.
1. Device orientations during the period covered;
2. Calibrations performed during the period by date and offender name, detailing any unit replacements made during the monitoring period; 3. Datalogger information from all remote alcohol monitoring devices; 4. Attempts to alter, tamper with, circumvent, bypass, or otherwise remove the device; 5. Device failure due to material defect or improper device set up; and 6. A summary of complaints received and corrective action taken. F. The manufacturer or the manufacturer's service provider shall be responsible for purchasing and providing necessary computer hardware and software to convey all data and information requested by the commission if the equipment is not already present at the commission office or the local ASAP.
G. Accurate reports shall be submitted to the local ASAP in the a format specified by the commission.
H. The service provider shall provide a copy of the most recent "ASAP Remote Alcohol Monitoring Agreement" to each offender at each offender's remote alcohol monitoring installation appointment and shall require the offender to read and sign the agreement. I. The service provider shall maintain secure websites, databases, and information systems for the collection, transmission, storage, and management of all data associated with the remote alcohol monitoring program. Service providers shall implement appropriate administrative, technical, and physical safeguards consistent with industry best practices to protect the confidentiality, integrity, and availability of such information. All data collection, storage, and processing activities shall comply with applicable state and federal privacy, cybersecurity, and confidentiality laws and regulations, and providers shall take all reasonable steps to prevent unauthorized access, disclosure, alteration, or misuse of program data. J. The service provider shall submit to any commission inspection of records and abide by commission reporting directives. 24VAC35-70-120. General manufacturer requirements. Remote alcohol monitoring manufacturers that are approved to perform remote alcohol monitoring services in the Commonwealth of Virginia and their service providers shall: 1. Abide by all commission memorandums, directives, contract terms, and regulations pertaining to the statewide remote alcohol monitoring program unless prohibited by state law; 2. Resolve offender, court, Department of Motor Vehicles, local ASAP, commission, and other stakeholder complaints as directed by the commission; 3. Provide orientation for all local ASAP remote alcohol monitoring device authorizations within the time parameters set forth by the commission. In situations where a remote alcohol monitoring service facility becomes inoperable due to a large-scale weather event or other verified unforeseen circumstances, the manufacturer shall contact the commission within 24 hours with an action plan to mitigate the impact to customer service; 4. Resolve remote alcohol monitoring service facility compliance issues as directed by the commission; 5. Obtain approval from the commission before disseminating any offender training or advertising materials used in association with the Virginia remote alcohol monitoring program; 6. Make modifications to the company website of the manufacturer or the manufacturer's service provider that is used to review monthly calibration reports upon reasonable request by the commission. Reasonable requests include changes due to language that is confusing, misleading, offensive, or inaccurate; changes required due to updated technology; changes to comply with the Code of Virginia or the remote alcohol monitoring regulations; or changes due to workload changes or product enhancements; 7. Assume full liability for action taken or not taken by an a local ASAP or the commission due to failure by a manufacturer or a manufacturer's service provider to report an alcohol-related violation to the local ASAP as required by this chapter or due to inaccurate or misleading reporting, whether electronic or hard copy, provided by the manufacturer or the manufacturer's service provider; 8. Be accountable for Virginia offenders with remote alcohol monitoring devices set up for use by its company in another state and ensure that all Virginia remote alcohol monitoring processes, regulations, requests for proposal terms, contract terms, and commission requirements are met unless prohibited by state law; 9. Notify the commission within 15 days of disciplinary action received from a state where the manufacturer conducts or has conducted remote alcohol monitoring business. This notification shall include the reason for the disciplinary action. This requirement applies regardless of the existence of an appeal; 10. Provide information technology assistance and training upon reasonable request by the commission; and 11. Report all changes to the remote alcohol monitoring device software or firmware, whether temporary or permanent, to the commission within 30 days of release in the Commonwealth of Virginia; and 12. For approved remote alcohol monitoring service providers, report any offender violation, tampering event, or confirmed noncompliant alcohol test result to the offender's assigned reporting agency within 24 hours of becoming aware of the event. 24VAC35-70-130. Service provider technician certification. A. Service provider technicians and state directors are required to possess a Virginia Remote Alcohol Monitoring Certification Letter to perform any remote alcohol monitoring services in the Commonwealth of Virginia. Newly hired service provider technicians or state directors, however, may perform remote alcohol monitoring services under the direct supervision of a certified technician or state director for training purposes for up to 90 days prior to obtaining a Virginia Remote Alcohol Monitoring Certification Letter. The executive director may, in the executive director's discretion, grant a written extension of the 90-day period for good cause shown. In order to apply for a certification letter, manufacturers shall submit a completed application to the commission for approval of newly hired service provider technicians and state directors. The completed application shall include submission of: 1. A completed applicant form provided by the commission An official written request to certify a technician or state director; 2. A complete local and national criminal history check; 3. A complete driver's record; and 4. Documentation issued by the commission of successful completion of the Virginia Remote Alcohol Monitoring Device Certification Exam. Failure to submit a completed application will result in disqualification from consideration for a Virginia Remote Alcohol Monitoring Certification Letter by the commission to perform remote alcohol monitoring services in the Commonwealth of Virginia. B. Applicants shall be required to complete a Virginia Remote Alcohol Monitoring Certification Exam. Successful completion of the exam requires a score of 80% or higher. Applicants who fail to successfully complete the state certification exam on the first attempt shall be allowed a second opportunity to successfully complete the exam. Applicants who fail to successfully complete the state certification exam on the second attempt shall not be allowed to reapply to provide remote alcohol monitoring services for the Commonwealth of Virginia for six months from the date of the second failed exam. Service providers shall be required to pay an administrative fee, as provided in 24VAC35-70-60 B 4, to the commission for all second and subsequent attempts to successfully complete the state certification exam. Applicants who successfully pass the state certification exam will receive documentation of successful completion from the commission that shall be submitted with the application for the Virginia Remote Alcohol Monitoring Certification Letter to perform remote alcohol monitoring services in the Commonwealth of Virginia. C. The commission executive director may deny, revoke, suspend, or terminate a Virginia Remote Alcohol Monitoring Certification Letter for a service provider technician or state director for any of the following reasons:
2. Having been convicted of a misdemeanor potentially punishable by confinement;
3. Committing an unethical, deceptive, or dishonest act that negatively impacts the integrity of the remote alcohol monitoring program; 4. Failing to demonstrate sufficient knowledge or skill required to perform remote alcohol monitoring services in the Commonwealth of Virginia; 5. Material misstatement Materially misstating or omission omitting information in an application; or 6. Defrauding any offender, manufacturer, service provider, or other person or entity in the conduct of the licensee's business; or 7. Having previously demonstrated conduct, performance deficiencies, or professional misconduct while employed by or affiliated with another employer, contractor, agency, or service provider that reasonably indicates the applicant may be unable or unwilling to perform the duties required by certification in a competent, ethical, or compliant manner. In making such determination, the executive director may consider, but is not limited to considering, documented disciplinary actions, substantiated complaints, termination for cause, repeated performance deficiencies, violations of professional standards, or other credible evidence of conduct that adversely reflects on the applicant's reliability, integrity, or ability to comply with applicable laws, regulations, or program requirements. A service provider technician or state director whose Virginia Remote Alcohol Monitoring Certification Letter has been denied, revoked, suspended, or terminated may request judicial administrative review by the agency in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) by requesting an agency hearing within 30 days of notification of such revocation or suspension. Such request shall be in writing and directed to the executive director. In the event that the decision to suspend or revoke the Virginia Remote Alcohol Monitoring Certification Letter of a service provider's technician or state director is upheld, the service provider technician or state director shall not perform remote alcohol monitoring services in the Commonwealth of Virginia for the entire suspension period, or in the case of a revocation or termination, on a permanent basis. This prohibition includes any period during which the denial, suspension, revocation, or termination is being contested. The manufacturer is required to return the Virginia Remote Alcohol Monitoring Certification Letter to the commission within 15 days of the date that the certification was suspended, revoked, or terminated by the commission. D. Once the completed application has been approved by the commission and all other qualifications have been met by the applicant, a Virginia Remote Alcohol Monitoring Certification Letter to perform remote alcohol monitoring services in the Commonwealth of Virginia shall be issued to the applicant by the commission. The certification letter shall contain the effective date of the letter and a certification number specific to the applicant. The certification letter will be valid for a time period specified by the commission unless otherwise suspended, revoked, or terminated, but for no longer than the manufacturer contract end date. In the event that an applicant is not approved for a Virginia Remote Alcohol Monitoring Certification Letter to perform remote alcohol monitoring services in the Commonwealth of Virginia, the commission will notify the manufacturer in writing within 10 days of the determination. The Virginia Remote Alcohol Monitoring Certification Letter is subject to review by the commission at its discretion during the course of the certification period. E. An application to renew a Virginia Remote Alcohol Monitoring Certification Letter for a remote alcohol monitoring service provider technician or state director shall be submitted 30 days prior to the expiration date printed on the current certification letter. A service provider technician or state director who has had his state certification revoked or terminated shall be ineligible to reapply for a Virginia Remote Alcohol Monitoring Certification Letter unless otherwise approved by the commission. F. Manufacturers are required to surrender Virginia Remote Alcohol Monitoring Certification Letters for service provider technicians and state directors who are no longer employed with their company. The surrendered certification letter shall be sent provide notification to the commission within 15 days of the date that the service provider when a technician or state director is no longer employed with the service provider or manufacturer. G. Service providers are required to notify the commission in writing of any employee who is no longer an employee of the service provider within 48 hours of the service provider technician or state director's employment end date. Any service provider technician or state director whose employment ends for any reason, whether voluntary or involuntary, shall have the Virginia Intelligent Speed Assistance Certification Letter automatically expire on the date of separation. Any individual whose certification expires under this subsection must complete the applicable certification requirements of this section at the time of employment, re-employment, or consideration of employment, with any remote alcohol monitoring manufacturer or manufacturer's service provider in order to be recertified. H. In addition to the successful completion of the Virginia Remote Alcohol Monitoring Certification Exam required for application, the commission may order that a certified technician or state director already performing remote alcohol monitoring services in the Commonwealth of Virginia review requirements and retake the state certification exam to demonstrate that the technician or state director possesses the knowledge required to perform remote alcohol monitoring services. An exam retake fee is not applicable in this circumstance.VA.R. Doc. No. R26-8610; Filed September 29, 2026TITLE 24. TRANSPORTATION AND MOTOR VEHICLESCOMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAMProposedTITLE 24. TRANSPORTATION AND MOTOR VEHICLES COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM Proposed Regulation Title of Regulation: 24VAC35-90. Intelligent Speed Assistance Program Regulation (adding 24VAC35-90-10 through 24VAC35-90-140). Statutory Authority: § 46.2-507 of the Code of Virginia. Public Hearing Information: No public hearing is currently scheduled. Public Comment Deadline: December 18, 2026. Agency Contact: Rosario Carrasquillo, Special Programs Design Specialist, Commission on the Virginia Alcohol Safety Action Program, 1111 East Main Street, Suite 801, Richmond, VA 23219, telephone (804) 786-5895, fax (804) 786-6286, or email rosario.carrasquillo@vasap.virginia.gov. Basis: Legal authority for this regulatory action is found in §§ 18.2-273.2, 18.2-273.3, 46.2-506, and 46.2-507 of the Code of Virginia, which authorize the Commission on the Virginia Alcohol Safety Action Program (VASAP) to administer and oversee statewide programs relating to offender monitoring and rehabilitation, approve and regulate intelligent speed assistance services, establish standards governing service providers and devices, and promulgate regulations necessary to implement program requirements. Additional statutory authority includes related provisions of the Code of Virginia governing court-ordered and administratively required intelligent speed assistance referrals, including §§ 46.2-393, 46.2-394, 46.2-398, and 46.2-865 of the Code of Virginia. The proposed regulation also reflects the expanded oversight and administrative authority established through Chapters 686 and 687 of the 2026 Acts of Assembly. Purpose: The commission has determined that this regulation is necessary to protect the public health, safety, and welfare because it establishes a consistent statewide framework for the administration of intelligent speed assistance technology and services. Excessive speed and reckless driving present significant public safety concerns. The proposed regulation establishes safeguards designed to ensure that intelligent speed assistance devices operate reliably, that offenders are monitored consistently, and that service providers meet appropriate standards for professionalism, technical competency, confidentiality, and accountability. Substance: The proposed regulation establishes a new statewide regulatory framework governing the Virginia Intelligent Speed Assistance Program (ISAP) and includes both technical and substantive provisions. Proposed substantive provisions include (i) establishing definitions and terminology governing intelligent speed assistance devices, offender participation, and program administration; (ii) creating statewide standards governing referrals into the ISAP and enrollment procedures for offenders ordered by courts or the Department of Motor Vehicles (DMV); (iii) establishing procurement, approval, and contracting requirements for intelligent speed assistance service providers, including restrictions on subcontracting and statewide service accessibility requirements; (iv) creating certification and inspection requirements for intelligent speed assistance service facilities, including operational, confidentiality, accessibility, and workplace standards; (v) establishing device certification requirements and technical specifications governing intelligent speed assistance devices and minimum performance standards; (vi) establishing certification standards and examination requirements for service provider technicians and state directors, including application, renewal, suspension, and revocation procedures; (vii) creating commission authority and procedures relating to suspension or revocation of device or facility certification when public safety, compliance, or operational concerns arise; (viii) establishing procedures governing intelligent speed assistance device installation, maintenance, and removal; (ix) establishing general service provider requirements relating to customer service, staffing, training, information technology systems, cybersecurity protections, complaint resolution, and reporting obligations; and (x) establishing offender and service provider fee structures, indigency fund requirements, and administrative fee provisions. Issues: The proposed action establishes ISAP, which requires certain offenders to install technology that limits vehicle speed based on applicable speed limits. This can reduce dangerous speeding, reckless driving, and related crashes, thereby improving public safety, an advantage for the public and Commonwealth. There are no disadvantages to the public or the Commonwealth. Department of Planning and Budget Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1 Summary of the Proposed Amendments to Regulation. Pursuant to Chapter 652 of the 2025 Acts of Assembly, the Commission on the Virginia Alcohol Safety Action Program (VASAP) proposes to establish regulations for the Intelligent Speed Assistance Program (ISAP). Background. Chapter 652 requires the commission to adopt regulations governing the ISAP. According to the Department of Motor Vehicles (DMV),2 the program allows certain drivers to maintain restricted driving privileges by operating a motor vehicle equipped with speed-limiting technology; this is an alternative to full driver's license suspension in qualifying cases. An intelligent speed assistance system is defined as a system that limits the speed at which a motor vehicle is capable of traveling, which is based on the applicable speed limit where such motor vehicle is being operated. In other words, the system is an in-vehicle technology that uses GPS-based data to determine the posted speed limit and automatically prevents the vehicle from exceeding that limit. As of July 1, 2026, the program is operational, and eligible drivers may be required to install the system device in all vehicles they own or co-own as a condition of maintaining restricted driving privileges. The qualifying cases are decided by a court or DMV for certain offenses, including reckless driving, racing, or excessive demerit point violations. More specifically, enrollment in the program may be required in the following circumstances: Convictions under § 46.2-861 of the Code of Virginia for reckless driving too fast for conditions (license suspension: 60 days to six months or ISAP enrollment, as ordered by the court). Convictions under § 46.2-862 of the Code of Virginia for reckless driving exceeding speed limit (license suspension: 60 days to six months or ISAP enrollment, as ordered by the court). Convictions under § 46.2-865 of the Code of Virginia for racing (license suspension: six months to two years, or up to five years after four convictions; court may order ISAP enrollment instead of suspension where permitted by law). In lieu of a 90-day driver's license suspension resulting from a driver improvement action due to excessive demerit points. As mandated by the legislation, in this action the commission proposes regulations to establish standards governing intelligent speed assistance device approval, service provider certification, offender participation, installation and maintenance procedures, monitoring and reporting requirements, program oversight, and fees. The proposed regulations further establish operational, technical, and administrative requirements necessary to ensure reliable service delivery, accountability, offender monitoring, and program integrity. It is notable that the proposed rules for ISAP closely mirror the rules for the Ignition Interlock Program also administered by VASAP. Estimated Benefits and Costs. At the outset, it is useful to highlight that the participation of clients, manufacturers, and service providers of the speed assistance device is voluntary, in that clients may choose not to participate in the program and manufacturers who also operate service centers may choose not to seek certification from VASAP. The voluntary nature of the program is important because the fees the clients must pay, and the costs manufacturers and service providers would incur, must be worth it for the affected parties to take part in the program. The fees to cover the costs of providers and VASAP are provided in the appendix for clients and service providers. In order to demonstrate the overall impact, an example based on certain assumptions is provided. Assumptions: use of the proposed fee schedule in the appendix; 1,000 device installations per year, which corresponds to 31% of the 3,200 reckless driving convictions statewide in 2025 that would be eligible for this program according to VASAP staff; a six-month ISAP requirement length; and assuming full compliance with the proposed rules such that no fees for noncompliance are assessed such as fees for tampering, resets, etc., the overall impact on clients, providers, and VASAP are discussed.3 Example: If found eligible for participation in ISAP and if a client chooses, he or she would be required to pay $100 to the service provider for installation of the intelligent speed assistance device and $130 monthly maintenance fee, including a $10 administrative fee, for the VASAP. Service providers would collect $100,000 for installations ($100 fee multiplied by 1,000 installations) and $780,000 for maintenance fees ($130 fee multiplied by six monthly maintenance multiplied by 1,000 installations). Of the $780,000 collected for maintenance, providers would forward $60,000 to cover VASAP administrative costs ($10 per maintenance appointment multiplied by six monthly maintenance multiplied by 1,000 installations). Impacts on the program clients: Under the same assumptions, the program clients would have to pay a total of $880,000 to the providers ($100,000 plus 780,000) as the example demonstrates. Additionally, if clients fail to comply with the rules, they may be subject to additional fees such as recall and override fees. Thus, the regulation would introduce costs to program participants. However, participation in the program is voluntary as an alternative to suspension of the driver's license. By choosing to participate in the program, a client reveals that the benefits to him or her are greater than the fees he or she must pay. These benefits may include being able to commute to work and maintaining employment, being able to take care of errands such as grocery shopping and going to medical appointments, driving for leisurely activities, etc. Impacts on providers: Similarly, the same example demonstrates that service providers would receive $820,000 in revenues ($100,000 for installations + 780,000 for monthly maintenance - $60,000 VASAP administrative fee) under the same assumptions. According to VASAP staff, there are two approved manufacturers who also provide ignition interlock service operations in Virginia. On the other hand, providers would have to pay for their employees, rent for facilities, the devices, and other operating costs from these revenues. To the extent their costs for payroll, rent, and other operating costs overlap between the two programs, the marginal cost of ISAP may be lower compared to a provider that does not participate in the Ignition Interlock Program. In addition to operating costs, providers would have to pay the proposed fees for annual contract review ($250), facility review ($75), technician certifications ($250), and device certifications ($1,000). As in the case of clients, we can reliably infer that benefits to a provider must be greater than the program participation costs if the provider is seeking certification on its own accord. Impacts on VASAP: Continuing with the same example, VASAP would collect $10 per month for monitoring; this would be collected from the clients by the provider, and would be sent to VASAP. For 1,000 installations and six-month program participation, VASAP would receive $60,000 per year. According to VASAP staff, these moneys would be used to cover the costs of approved indigent participant fees. In addition, as the referrals increase over time VASAP may need to increase staffing levels, which would require use of these funds. Moreover, there has been an increased usage of office supplies via correspondence with the court, participants, and attorneys as well as training activities. Finally, VASAP has experienced increase in travel costs associated with training judges in certain areas which involves an increase in vehicle, lodging, and fuel costs. Impacts on broader economy: Allowing the program clients to maintain their driving privileges is expected to benefit them in terms of their ability to maintain employment, to take care of errands such as grocery shopping and going to medical appointments, and to drive for leisurely activities. When program clients are able to continue their lives without disruption in their activities there would likely to be indirect benefits to their employers as program clients would be able to continue performing their jobs. Similarly, the businesses they patronize, such as grocery stores or medical providers, would not be negatively affected as the program clients would be able to continue their daily lives as usual. Additionally, VASAP staff notes that through continued employment, participants would stay active taxpayers to the state and the locality where they reside. Businesses and Other Entities Affected. There have been approximately 100 referrals to the proposed ISAP program. However, this does not appear to fully reflect the potential of the program as it became effective as of July 1, 2026. Although no accurate estimate is available, 1,000 installations per year is probably more accurate and assumed in above discussion. Also, as of now, there are two approved manufacturers who are also the service providers in the Ignition Interlock Program. No affected entity appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.4 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.5 The participation in the ISAP program is voluntary for the clients and providers and thus no adverse impacts are indicated even though participants would be subject to certain costs on their own choosing. In addition. The program stems from a legislative mandate, and although the regulation specifies the parameters of the program, it appears it does not account for the main economic impacts discussed above. Thus, no adverse impact is indicated. Small Businesses6 Affected.7 The proposed amendments do not appear to affect small businesses as the two approved providers are national companies that do not meet the definition of a small business. Localities8 Affected.9 The proposal does not introduce costs for local governments, nor does it disproportionality affect any locality. Projected Impact on Employment. The ISAP program is a result of a legislative mandate. While it is likely that it would enable individuals who committed a reckless driving offence to continue to drive and maintain their jobs and indirectly help businesses that rely on their access to their services such as grocery stores, medical facilities, leisure businesses, the legislation rather than the proposed regulation appears to account for such impacts. Effects on the Use and Value of Private Property. No direct effects on the use and value of private property nor on real estate development costs are expected. _____________________________ 1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property. 2 https://www.dmv.virginia.gov/licenses-ids/license/reinstate/intelligent-speed-assistance-program-isap. 3 According to VASAP, since July 2026 there have been approximately 100 referrals and installations. However, VASAP believes it may take up to three years for the program to reach its normal capacity. 4 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. 5 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation. 6 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million." 7 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified. 8 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur. 9 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact. Agency Response to Economic Impact Analysis: The Commission on the Virginia Alcohol Safety Action Program concurs with the content of the economic impact analysis prepared by the Department of Planning and Budget. Summary: The proposed action establishes Intelligent Speed Assistance Program Regulation (24VAC35-90), which creates a statewide regulatory framework governing the administration and operation of the Virginia Intelligent Speed Assistance Program (ISAP). The proposed regulation establishes standards governing (i) intelligent speed assistance device approval; (ii) service provider certification; (iii) offender participation rules; (iv) device installation and maintenance procedures; (v) monitoring and reporting requirements; (vi) program oversight; and (vii) operational, technical, and administrative requirements necessary to ensure reliable service delivery, accountability, offender monitoring, and program integrity. Chapter 90 Intelligent Speed Assistance Program Regulation 24VAC35-90-10. Definitions. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Applicant" means a service provider technician or state director who applies for a Virginia Intelligent Speed Assistance Program Certification Letter from the commission. "Commission" means the Commission on the Virginia Alcohol Safety Action Program (VASAP), as established pursuant to § 18.2-273.2 of the Virginia Code, or the commission's designee. "Department" means the Department of Motor Vehicles. "Device" means an intelligent speed assistance device. "Device certification" means the testing and approval process required by the Commission on the Virginia Alcohol Safety Action Program for an intelligent speed assistance device. "Device lock-out" means a function of the intelligent speed assistance device that disables the vehicle in which it is installed from accelerating. "Dynamic speed zone" means an area where speed limits are temporarily adjusted to current conditions. "Enrollment" means the submission of completed commission-required enrollment paperwork to the commission, the payment of applicable program fees by the offender to the commission, the completion of the intelligent speed assistance education video, and the installation of an intelligent speed assistance device on each motor vehicle operated by, owned by, or registered to the offender within 15 days of order of the court or the department. "Executive director" means the Executive Director of the Commission on the Virginia Alcohol Safety Action Program. "Intelligent speed assistance system" means a system that limits the speed at which a motor vehicle is capable of traveling based on the applicable speed limit where such motor vehicle is being operated. The intelligent speed assistance system is synonymous with intelligent speed assistance device as it pertains to this chapter. "Intelligent speed assistance device event" means vehicle operator activity that is recorded by the intelligent speed assistance device. "Local alcohol safety action program" or "local ASAP" means a program established pursuant to § 18.2-273.4 of the Code of Virginia that provides probation, education, and rehabilitation services for persons referred by a court, the department, or any other source approved by the commission. "Motor vehicle" means a motor vehicle as defined in § 46.2-100 of the Code of Virginia. "Offender" means the individual required by the court or the department to enroll in and successfully complete the Intelligent Speed Assistance Program. "Override" means a functionality of the intelligent speed assistance device that enables the vehicle in which the device is installed to operate at a speed above the posted speed limit for a set period of time. "Program" means the Intelligent Speed Assistance Program established pursuant to § 46.2-507 of the Code of Virginia. "Service facility" means the physical location where the service provider installs, services, and removes the intelligent speed assistance devices. "Service provider" means an entity that provides installation, maintenance, and removal services of such devices and provides reporting related to device activity to the commission or local ASAPs. A "service provider" may also be the supplier or manufacturer of the device. "Speed exceedance" means when a vehicle with an intelligent speed assistance device installed exceeds the posted speed limit where it is operating for a minimum of five seconds. Each time a speed limit is exceeded shall be considered a unique speed exceedance event. "State director" means a service provider employee who provides oversight of the service provider's intelligent speed assistance operations in Virginia. "Successful completion" means successful completion of Intelligent Speed Assistance Program requirements as stated in 24VAC35-90-130 A. "Tampering" means an attempt to bypass, disable, or circumvent the legal operation of the intelligent speed assistance device or any of its components installed on a motor vehicle. "Technician" means a service provider employee who installs, services, or removes intelligent speed assistance devices. "Violation" means attempted tamper, bypass, or circumvention of an intelligent speed assistance device or failure to complete any other requirements of the Intelligent Speed Assistance Program required by commission policies, procedures, and regulations or requirements of the Code of Virginia and, if applicable, requirements of the court order referring the offender into the Intelligent Speed Assistance Program. "Virginia Intelligent Speed Assistance Certification Exam" means an exam administered by the commission to service provider state directors and service provider technicians that must be successfully completed and submitted as a component of an application for a Virginia Intelligent Speed Assistance Certification Letter. "Virginia Intelligent Speed Assistance Certification Letter" means a letter issued by the commission to a service provider technician or a service provide state director authorizing the technician or state director to perform intelligent speed assistance services in Virginia. 24VAC35-90-20. Intelligent Speed Assistance Program referrals.
A. Intelligent speed assistance devices are required:
1. When ordered by a court of proper jurisdiction pursuant to § 46.2-393, 46.2-394, 46.2-398, or 46.2-865 of the Code of Virginia; or 2. When administratively ordered by the department pursuant to § 46.2-506 of the Code of Virginia. B. When any person is ordered into the Intelligent Speed Assistance Program by the court or the department, the person shall be required to enroll at the commission in order to enter into the Intelligent Speed Assistance Program and complete the required installation period. The commission may, in its discretion, modify the referral and offender fee distribution process for the Intelligent Speed Assistance Program if the commission elects to partially or fully include local ASAPs in the referral process. 24VAC35-90-30. Approval of service providers. A. The commission shall issue a request in compliance with Virginia procurement procedures to contract with intelligent speed assistance service providers for the services and commodities required for the implementation and maintenance of Virginia's Intelligent Speed Assistance Program. Contracts will be for a length of time established by the commission. Absent exigent circumstances necessitating additional providers or services, the commission shall not enter into additional contracts with service providers except during a procurement period where the commission is reviewing service provider contracts for approval. B. The provision of Intelligent Speed Assistance Program services shall be restricted to the authorized service provider; subcontractors will not be permitted to provide such services. The prohibition on subcontracting to the consumer is an integral part of ensuring expertise with the product and the service and protecting offender confidentiality and the chain of evidence for court testimony and evidentiary procedures.
C. A service provider seeking to contract with the commission shall:
1. Demonstrate a dedication to the installation and maintenance of intelligent speed assistance devices through company history, expertise, and other examples of professional practice; 2. Demonstrate an ability to supply and train staff and service facility supervisors to ensure good customer service and compliance with Virginia law, intelligent speed assistance device regulations, and all contract requirements. This includes: a. Ensuring that technicians and state directors are appropriately trained and able to provide expert or other required testimony in any civil, criminal, or administrative proceedings as to the method of manufacturing the device, intelligent speed assistance device functionality, and the testing protocol by which the device is serviced; b. Providing a completed application for state certification to the commission to perform intelligent speed assistance services for all technicians and state directors seeking to work in Virginia; and c. Identifying all key personnel who will be providing intelligent speed assistance services for Virginia and furnish the commission with credentials on these personnel; 3. Submit a description of the service provider's plan to be approved by the commission for distribution of the device in all locations of Virginia where intelligent speed assistance services will be performed. The plan must: a. Indicate that at least one physical speed assistance service facility shall be located within a 50-mile radius of every residence in Virginia unless otherwise authorized by the commission. In the event of a facility closure that results in a service provider's failure to have a service facility within a 50-mile radius, the plan must also include details of how the service provider will remedy such a situation within 90 days of such closure; and b. Provide the commission all service facility days and hours of operation and provide a plan to update the commission within 24 hours of any changes to those days and hours; 4. Submit sufficient documentation to enable the verification of adequate insurance covering liability related to intelligent speed assistance operations, services, and equipment, including coverage in Virginia, with a minimum policy limit of $1 million per occurrence and $3 million general aggregate total. The service provider's liability insurance shall be primary above all other available insurance and shall so stipulate in the "other insurance" or other applicable section of the service provider's insurance contract. The service provider shall provide a signed statement from the manufacturer holding harmless Virginia and the commission and its members, employees, and agents from all claims, demands, and actions as a result of damage or injury to persons or property that may arise directly or indirectly out of an act or omission by the manufacturer or its service provider relating to the installation, service, repair, use, or removal of an intelligent speed assistance device. Coverage shall extend to any action taken or not taken by local ASAPs or the commission due to verified errors in reporting of intelligent speed assistance activity by the service provider; 5. Submit documentation that the service provider will provide a full-time intelligent speed assistance state director who will oversee intelligent speed operations in Virginia. The state director may also serve as a service provider state director for ignition interlock and remote alcohol monitoring operations in Virginia. Among other duties, the state intelligent speed assistance director will be expected to (i) respond promptly to problems in the field; (ii) upon request of the commission, testify before applicable courts, the General Assembly of Virginia, or the commission; (iii) assist and provide training to the commission, local ASAPs, and other stakeholders as requested by the commission; and (iv) be responsible for quality control reports and statistics, updates to all required documentation, and field services reporting and repairs. In the event of a state director vacancy, service providers shall submit to the commission the name of an interim state director within 10 days of the vacancy and the name of a permanent state director within 90 days of the vacancy; and 6. Certify that the service provider does not and will not discriminate against an employee or applicant for employment due to race, religion, color, sex, national origin, age, disability, or other basis prohibited by state or federal law relating to discrimination in employment. The service provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Furthermore, the service provider in all solicitations or advertisements for employees placed by or on behalf of the service provider shall state that the contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this subdivision. D. Provided that all vendor and device certification requirements are met, the commission may contract with those service providers and may approve multiple makes and models of intelligent speed assistance devices for use in Virginia. 24VAC35-90-40. Intelligent speed assistance service facility certification. Each intelligent speed assistance service facility shall be inspected and certified by the commission prior to opening and at least annually thereafter. Intelligent speed assistance service facilities shall: 1. Comply with all local business license and zoning requirements and with all federal, state, and local health, fire, and building code requirements. Prior to the jurisdictional compliance deadline, a copy of a valid business license or business license payment receipt and tax document shall be posted in a conspicuous place at the service facility immediately upon receipt when applicable; 2. Comply with all local, state, and federal laws pertaining to the provisions of physical access to persons with disabilities; 3. Maintain offender records in a manner that complies with federal confidentiality and state records retention guidelines. All offender files, payment receipts, and other identifying information located at an intelligent speed assistance facility shall be in locked filing cabinets when unattended by a technician. Storage of files elsewhere may occur if the files are stored in locked filing cabinets in one centralized location in Richmond, Virginia or electronically stored as long as all data is encrypted and secured to prevent third-party access; 4. Require and enforce maintenance of a drug-free workplace and have posted in a conspicuous place available to employees and applicants for employment a statement notifying employees that the manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the service provider's workplace. The notice shall specify the actions that may be taken against employees for violations of the policy; 5. Notify offenders and the commission of any pending closure date of an intelligent speed assistance facility and provide the address of an alternate intelligent speed assistance service facility within 15 days of the closure date; 6. Ensure that employees maintain a professional appearance and are attired in such a manner as to be readily identifiable as service provider employees; 7. Ensure that the locations where intelligent speed assistance services are performed are tidy and pose no hazards to public safety; and 8. Provide the commission a minimum of 20 days of notice prior to the scheduled opening date of a new location. This requirement allows the commission reasonable time to schedule an inspection and approve the new facility as part of the certification process prior to opening for intelligent speed assistance services. 24VAC35-90-50. Intelligent speed assistance device certification and specifications. A. All intelligent speed assistance devices used in Virginia shall be certified by the commission. The commission shall maintain a list of approved intelligent speed assistance devices. B. A service provider seeking to have an intelligent speed assistance device certified by the commission shall submit: 1. The name and address of the intelligent speed assistance device service provider; 2. The name and model number of the intelligent speed assistance device; 3. The name and address of the intelligent speed assistance manufacturer; and 4. A detailed description of the device, including drawings; wiring protocols, if applicable; and instructions used in installation. C. The service provider shall provide literature promoting its device to the commission for approval prior to dissemination to the public. D. The service provider shall provide a certification report that the intelligent speed assistance device conforms to the minimum specifications set forth by the commission. Included with the certification report should be the name and location of the testing facility, the address and telephone number of the testing facility, and the names and qualifications of the individuals performing the tests. At a minimum, the following specifications shall be met: 1. The intelligent speed assistance device shall work accurately and reliably in an unsupervised environment at minimal inconvenience to others. 2. The internal memory of the intelligent speed assistance device shall be capable of recording and storing a minimum of 500 remote intelligent speed assistance events. 3. The service provider shall minimize opportunities for intelligent speed assistance devices to be bypassed, circumvented, or tampered with and provide evidence that such device has not been bypassed, circumvented, or tampered with while installed. 4. The intelligent speed assistance device shall be capable of providing an accurate measure of speed and recording each attempt to bypass, circumvent, or tamper with such intelligent speed assistance device. 5. The intelligent speed assistance device shall be produced by a manufacturer that maintains certification by the current International Organization for Standardization (ISO) 9001 Quality Management Systems for aspects related to the design and manufacture of intelligent speed assistance devices. 6. The intelligent speed assistance device shall not impede the safe operation of the motor vehicle. 7. The intelligent speed assistance device shall be manufactured or distributed by an entity that is responsible for the installation, maintenance, removal, and user training of such intelligent speed assistance systems. 8. The intelligent speed assistance device shall operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards. 9. The intelligent speed assistance device shall be distributed by an entity that is adequately insured against liability pursuant to 24VAC35-90-30 C 4, including product liability and liability against installation, maintenance, and removal errors. 10. The service provider shall provide for an electronic log of the driver's experience with such intelligent speed assistance devices with an information management system capable of electronically delivering information to the commission within 24 hours of the collection of such information from the data logger. For the purposes of this subdivision, "driver experience" means the reporting to the commission by the service provider ignition on and ignition off vehicle events, any speed exceedance events along with the applicable speed limit, the amount of time the speed limit was exceeded, the maximum speed during the event, and the GPS location of each speed exceedance. 11. The intelligent speed assistance device shall be able to be successfully installed and operate effectively in all makes and models of vehicles to include motorcycles. 12. The intelligent speed assistance device shall limit the speed at which the motor vehicle in which the device is installed is capable of traveling based on the applicable speed limit where such motor vehicle is being operated. 13. The intelligent speed assistance device shall provide an immediate tamper alert to the service provider. For the purposes of this subdivision, "tamper alert" means an alert provided to a service provider indicating a power loss to, tampering with, bypass of, or circumvention of the intelligent speed assistance device. 14. In situations where the vehicle is entering a speed zone that is less than the speed zone the vehicle is operating in, the intelligent speed assistance device shall have the ability to record each instance the vehicle exceeds the speed limit of the lower posted speed zone and the duration of time it was exceeded resulting in activation of recall mode as a speed exceedance event. 15. The intelligent speed assistance device shall have the ability to limit speeds based on internal mapping features or limit the vehicle's speed to the last known speed in instances where the device's location determination ability is temporarily unavailable. The device's internal mapping features shall be updated on a regular basis. 16. The intelligent speed assistance device shall provide a visual or audible signal to the offender alerting of an upcoming decrease in posted speed limit although offenders are required to obey posted speed limit signs at all times. 17. The intelligent speed assistance device's display shall be securely fastened to the vehicle as to limit instances of falling or being dislodged. 18. The intelligent speed assistance device shall identify and apply the speed limit in which the vehicle that has the device installed is operating at least once every five seconds. 19. The intelligent speed assistance device will store speed limit data and road maps internally to ensure uninterrupted functionality, dynamic speed zones excepted. 20. The intelligent speed assistance device shall possess an override function that permits the vehicle to exceed the posted speed limit for a set period of time. No override of the device shall exceed 30 seconds in duration and shall not permit the vehicle to operate more than five miles per hour over the posted speed limit. Overrides of the device shall only be used when necessary for safe operation of the vehicle and the device shall be limited to two override occurrences per drive cycle. For the purposes of this subdivision, "drive cycle" means the duration equal to the time from a vehicle's engine on to engine off. 21. The intelligent speed assistance device shall minimize attempts to be circumvented by cruise control by providing a signal to the cruise control to deactivate without physically activating the braking system of the vehicle. In situations where this is impossible, the service provider shall report as a violation any event where a speed exceedance recorded on the intelligent speed assistance device occurs. 22. The intelligent speed assistance device shall record as a violation any attempt to bypass, tamper with, or circumvent the intelligent speed assistance device or any speed exceedance event and each shall be reported by the service provider to the commission. Speed exceedance events reported to the commission shall include the applicable speed limit, the amount of time the speed limit was exceeded, the maximum speed of the vehicle during the event, and the GPS location of the event. E. Intelligent speed assistance devices that have been approved by the commission shall have affixed a warning label with the following language: "Any person tampering with or attempting to circumvent this intelligent speed assistance system shall be guilty of a Class 1 misdemeanor and, upon conviction, be subject to a fine, incarceration, or both." The cost and supply of the warning labels to be affixed to the intelligent speed assistance devices shall be borne by the service provider. The service provider shall submit to the commission a prototype of the warning label for approval. F. Additional technical specifications for the operation and installation of the intelligent speed assistance device may be described in the contract between the commission and the service provider. G. The service provider shall notify the commission in writing if the approval or certification of a device that is approved or has been submitted for approval for use in Virginia is or ever has been denied, withdrawn, suspended, or revoked in another state, whether the action occurred before or after approval in Virginia. This notification shall be made in a timely manner, not to exceed 15 days after the service provider has received notice of the denial, withdrawal, suspension, or revocation of approval or certification of the device, whether or not the action will be or has been appealed. 24VAC35-90-60. Intelligent speed assistance service provider technician and state director certification. A. Service provider technicians and state directors are required to possess a Virginia Intelligent Speed Assistance Certification Letter to perform any intelligent speed assistance services in Virginia. A newly hired service provider technician or state director, however, may perform intelligent speed assistance services under the direct supervision of a certified technician or state director for training purposes for up to 90 days prior to obtaining a Virginia Intelligent Speed Assistance Certification Letter. The executive director may, in their discretion, grant a written extension of the 90-day period for good cause shown. In order to apply for a certification letter, service providers shall submit a completed application to the commission for approval of a newly hired service provider technician and state director. The completed application shall include submission of: 1. An official written request to certify a technician or state director; 2. A complete local and national criminal history check; 3. A complete driver's record; and 4. Documentation issued by the commission of successful completion of the Virginia Intelligent Speed Assistance Device Certification Exam. Failure to submit a completed application will result in disqualification from consideration for a Virginia Intelligent Speed Assistance Certification Letter by the commission to perform intelligent speed assistance services in Virginia. B. Applicants shall be required to complete a Virginia Intelligent Speed Assistance Certification Exam. Successful completion of the exam requires a score of 80% or better. Applicants who fail to successfully complete the state certification exam on the first attempt shall be allowed a second opportunity to successfully complete the exam. Applicants who fail to successfully complete the state certification exam on the second attempt shall not be allowed to reapply to provide intelligent speed assistance services for Virginia for six months from the date of the second failed exam. Service providers shall be required to pay an administrative fee, as provided in 24VAC35-90-120 B 3, to the commission for all second and subsequent attempts to successfully complete the state certification exam. Applicants who successfully pass the state certification exam will receive documentation of successful completion from the commission that shall be submitted with the application for the Virginia Intelligent Speed Assistance Certification Letter to perform intelligent speed assistance services in Virginia. C. The executive director may deny, revoke, suspend, or terminate a Virginia Intelligent Speed Assistance Certification Letter for a service provider technician or state director for any of the following reasons:
2. Having been convicted of a misdemeanor potentially punishable by confinement;
3. Committing an unethical, deceptive, or dishonest act that negatively impacts the integrity of the Intelligent Speed Assistance Program; 4. Failing to demonstrate sufficient knowledge or skill required to perform intelligent speed assistance services in Virginia; 5. Material misstatement or omission in an application; 6. Defrauding any offender, service provider, person, or entity in the conduct of the service provider's business; or 7. Having previously demonstrated conduct, performance deficiencies, or professional misconduct while employed by or affiliated with another employer, contractor, agency, or service provider that reasonably indicates the applicant may be unable or unwilling to perform the duties required by certification in a competent, ethical, or compliant manner. In making such determination, the executive director may consider, but is not limited to considering, documented disciplinary actions, substantiated complaints, termination for cause, repeated performance deficiencies, violations of professional standards, or other credible evidence of conduct that adversely reflects on the applicant's reliability, integrity, or ability to comply with applicable laws, regulations, or program requirements. A service provider technician or state director whose Virginia Intelligent Speed Assistance Certification Letter has been denied, revoked, suspended, or terminated may request administrative review by the agency in accordance with the Administrative Process Act (§ 2.2-4000 et. seq. of the Code of Virginia) by requesting an agency hearing within 30 days of notification of such revocation or suspension. Such request shall be in writing and directed to the executive director. In the event that the decision to suspend or revoke the Virginia Intelligent Speed Assistance Certification Letter of a service provider technician or state director is upheld, the service provider technician or state director shall not perform remote alcohol monitoring services in Virginia for the entire suspension period, or in the case of a revocation or termination, on a permanent basis. This prohibition includes any period during which the denial, suspension, revocation, or termination is being contested. D. Once the completed application has been approved by the commission and all other qualifications have been met by the applicant, a Virginia Intelligent Speed Assistance Certification Letter to perform intelligent speed assistance services in Virginia shall be issued to the applicant by the commission. The certification letter shall contain the effective date of the letter and a certification number specific to the applicant. The certification letter will be valid for a time period specified by the commission unless otherwise suspended, revoked, or terminated. In the event that an applicant is not approved for a Virginia Intelligent Speed Assistance Certification Letter to perform intelligent speed assistance services in Virginia, the commission will notify the service provider in writing within 10 days of the determination. The Virginia Intelligent Speed Assistance Certification Letter is subject to review by the commission at its discretion during the course of the certification period. E. If applicable, an application to renew a Virginia Intelligent Speed Assistance Certification Letter for an intelligent speed assistance service provider technician or state director shall be submitted 30 days prior to the expiration date printed on the current certification letter. A service provider technician or state director who has had a state certification revoked or terminated shall be ineligible to reapply for a Virginia Intelligent Speed Assistance Certification Letter unless otherwise approved by the commission. F. Service providers shall provide notification, within 15 days, to the commission when a technician or state director is no longer employed with the service provider. G. Service providers are required to notify the commission in writing of any employee who is no longer an employee of the service provider within 48 hours of the employment end date of a service provider technician or state director. Any service provider technician or state director whose employment ends for any reason, whether voluntary or involuntary, shall have their Virginia Intelligent Speed Assistance Certification Letter automatically expire on the date of separation. Any individual whose certification expires under this provision must complete the applicable certification requirements of this section at the time of re-employment with any service provider in order to be recertified. H. In addition to the successful completion of the Virginia Intelligent Speed Assistance Certification Exam required for application, the commission may order that a certified technician or state director already performing intelligent speed assistance services in Virginia review requirements and retake the state certification exam to demonstrate that the technician or state director possesses the knowledge required to perform intelligent speed assistance services. An exam retake fee is not applicable in this circumstance. 24VAC35-90-70. Suspension or revocation of intelligent speed assistance device or service facility certification. A. The commission may indefinitely suspend or revoke certification of an intelligent speed assistance device or service facility. In addition, the Executive Finance Committee, which is the advisory subcommittee of the commission composed of the executive director and such members as the commission may designate that is authorized to take action on behalf of the commission for a period not to exceed 90 days in matters of program certification, suspension, or related fiscal oversight, may suspend or revoke certification of an intelligent speed assistance device or service facility for the following reasons:
2. When a device is discontinued by the service provider;
3. When the service provider's liability insurance is terminated or canceled, or in cases where the service provider is responsible for the liability insurance, the insurance is canceled and not remedied by the service provider within three business days; 4. When the service provider attempts to conceal its true ownership; 5. When materially false or inaccurate information is provided relating to a device's performance standards by the service provider; 6. When there are defects in design, materials, or workmanship causing repeated failures of a device; 7. When a service provider knowingly permits a noncertified employee to perform work who is not within the first 90 days of employment with the service provider and working alongside a certified service provider employee; 8. When a service provider assists users with circumventing or tampering with a device; 9. When a service provider fails to fully correct an identified intelligent speed assistance facility noncompliance issue within a timeframe specified by the executive director; 10. When there is a pattern of identified intelligent speed assistance facility noncompliance issues; 11. When a service provider impedes, interrupts, disrupts, or negatively impacts an investigation conducted by the commission involving customer service issues or other complaint brought forward by a third party; 12. When there is an identified public safety or offender confidentiality issue at an intelligent speed assistance service facility; or 13. When the manufacturer of the intelligent speed assistance device fails to maintain annual certification with the International Organization for Standardization (ISO) 9001 Quality Management System (QMS) for aspects related to design, maintenance, and distribution of an intelligent speed assistance device. B. In addition to reasons outlined in subsection A of this section, certification of a device may be suspended or revoked as provided for in subsection A of this section for failure to maintain any requirements of its certification identified in either the contract with the service provider or 24VAC35-90-50. C. In addition to reasons outlined in subsection A of this section, certification of a service facility may be suspended or revoked as provided for in subsection A for failure to maintain any requirements of its certification identified in either the contract with the service provider or 24VAC35-90-40. D. If a suspension or revocation of an intelligent speed assistance device or service facility certification occurs, the service provider may request administrative review by the agency in accordance with the Administrative Process Act (§ 2.2-4000 et. seq. of the Code of Virginia) by requesting an agency hearing within 30 days of notification of such revocation or suspension. Such request shall be in writing and directed to the executive director. The suspension or revocation shall remain effective during any appeal process. Should a revocation of certification be upheld, the service provider whose device has been revoked (i) shall be responsible for removal of all devices installed and serviced by the service providers that are subject to the revocation and (ii) will bear the costs associated with the required removal and installation of new approved devices. In addition, the service provider whose device or facility is subject to the revocation shall continue to provide services for these offenders for a time to be determined by the commission, but no longer than 90 days. E. When the certification of an intelligent speed assistance device or intelligent speed assistance service facility is suspended or revoked, service providers shall continue provide services to intelligent speed assistance offenders; however, no new intelligent speed assistance installations shall be permitted during the period of suspension. F. If a service provider terminates the contract or goes out of business, the service provider shall be responsible for removal of all of its devices operational in Virginia and shall bear the costs associated with required offender transfers to new approved devices. In addition, if a service provider terminates the contract or goes out of business, the service provider shall continue to provide services for 90 days after notification to the commission that services will be terminated in Virginia unless otherwise approved by the commission. 24VAC35-90-80. Intelligent speed assistance device installation. A. No offender who has a case pending in the court system shall have an intelligent speed assistance device installed in Virginia unless enrolled in and monitored by the commission. Offenders subject to a department administrative intelligent speed assistance requirement shall not have an intelligent speed assistance device installed in Virginia unless first authorized by the commission. Prior to installation of the device, the vendor must receive written or electronic authorization from the commission. This section also applies to out-of-state offenders who have a Virginia intelligent speed assistance device requirement. This enables the commission to maintain consistency in policy and use of intelligent speed assistance devices in Virginia and allows for a consistent pattern of instruction to the service provider. B. The intelligent speed assistance device shall be installed by the commission-approved service provider, within 15 days of the date of the court or department order; otherwise, the service provider shall notify the commission. Once the intelligent speed assistance device has been installed, the service provider shall send an authorized installation report to the commission via a method established by the commission documenting that the intelligent speed assistance device has been installed and calibrated. Once verification of an authorized installation has been received by the commission, the department shall be notified that the offender has successfully installed the intelligent speed assistance device. C. All agreements between the service provider and the offender shall be in the form of a contract and signed by the service provider and the offender. Copies of the written contract shall be retained by the service provider with a copy given to the offender. D. Prior to installation of the intelligent speed assistance device, offenders shall provide to the service provider: 1. A photo identification. If no photo identification is available at the time of installation, the service provider may accept other adequate proof of identification to avoid delay of the installation. However, photo identification must be presented within 30 days of the installation of the device; 2. A copy of the registration or title containing the vehicle identification number (VIN) of all motor vehicles owned or routinely driven by the offender; and 3. A notarized affidavit, approved by the commission, from the registered owner of the vehicle granting permission to install the device if the vehicle is not registered to the offender. If the owner is present at installation, provides valid identification, and signs the consent to install form in the service provider technician's presence, notarization of the consent to install form is not required. E. Under no circumstances shall an offender or anyone accompanying the offender be permitted to observe installation of the intelligent speed assistance device. F. The service provider shall inspect all motor vehicles prior to installation of the device to ensure that they are in acceptable mechanical and electrical condition. Under no circumstances shall the service provider install a device until the motor vehicle is approved following the inspection. A commission-approved pre-inspection checklist documenting the vehicle's condition at installation shall be completed and placed in the offender's file. G. The installation shall include tamper-resistant features of all intelligent speed assistance electrical connections so as to make evident all attempts to circumvent or otherwise alter the normal functioning of the intelligent speed assistance device. At a minimum, the service provider shall ensure that the vehicle's wires connected to the intelligent speed assistance device are secured with uniquely identifiable heat shrink tubing or its equivalent and that all connected wires are wrapped with uniquely labeled service provider tape. H. An oral, written, or video orientation to the intelligent speed assistance device shall be developed and delivered by the service provider to the offender and other persons who may drive the motor vehicle, including information on the use and maintenance of the device as well as all service facility locations and procedures for regular and emergency servicing. I. The service provider shall maintain a toll-free 24-hour emergency telephone service that may be used to request assistance in the event of failure of the intelligent speed assistance device or motor vehicle problems related to operation of the intelligent speed assistance device. The assistance provided by the authorized service provider shall include technical information and aid in obtaining towing or roadside service. The expense of towing and roadside service shall be borne by the offender unless it is determined by the commission that the intelligent speed assistance device failed through no fault of the offender. If this is the case, the service provider shall be responsible for applicable expenses. The intelligent speed assistance device shall be made functional within 48 hours of the call for assistance or the intelligent speed assistance device shall be replaced. J. At the time of device installation, a service provider may charge an installation fee. The maximum permissible cost for this fee shall be set by the commission, and service providers shall not be permitted to exceed the maximum fee established by the commission. A portion of these fees shall include costs for offender indigency funds. In addition to the maximum fee permitted, service providers may collect applicable taxes and charge for optional insurance to cover device theft or accidental damage. Optional insurance shall be offered by the service provider, and a written copy of the insurance policy stating clearly the applicable coverages, coverage amounts, conditions, and exclusions shall be given to offenders who purchase the insurance. When the intelligent speed assistance device is installed on a motorcycle or moped, service providers may require offenders to provide a saddle bag or similar waterproof container in which the device components may be stored as a condition of eligibility for the optional insurance. K. The service provider shall provide service to those offenders who are eligible for a reduction in fees based upon a declaration of indigence by the court or approval by the commission. L. No later than the first service appointment, the offender shall provide to the service provider a statement from the licensed drivers who will be driving the offender's motor vehicle acknowledging understanding of the requirements of the use of the intelligent speed assistance device. M. An intelligent speed assistance device installed and assigned to one offender shall not be assigned simultaneously to any additional offender for the purpose of attempting to comply with a Virginia intelligent speed assistance requirement. N. The intelligent speed assistance device shall not be removed from any offender's vehicle for the sole purpose of permitting an offender to transfer to another intelligent speed assistance service provider without authorization from the commission. If the offender's reason to transfer to another intelligent speed assistance service provider is based upon a malfunctioning intelligent speed assistance device or a legitimate customer service issue, the commission shall not unreasonably deny permission and shall authorize the transfer within five business days of all relevant information being received. O. Offenders with an outstanding balance with any Virginia-approved intelligent speed assistance service provider shall not be permitted to install an intelligent speed assistance device with another intelligent speed assistance service provider. In addition, a service provider may deny service to offenders with a fee balance that is 60 days or greater in arrears. P. Effective July 1, 2027, all intelligent speed assistance device installations shall also include installation of a camera capable of taking a photo of the driver's seat any time the device records a speed exceedance event. 24VAC35-90-90. Maintenance of intelligent speed assistance devices. A. An offender shall be required to bring any vehicle with an intelligent speed assistance device installed to a service provider location at least every 60 days for inspection. The service provider shall inspect the device for any wiring or operational issues and verify there have been no attempts to tamper with, bypass, or circumvent the device. Service providers shall initiate a device lock-out on day 61 for any intelligent speed assistance device installed in a vehicle that has not been brought into one of the service provider's service facilities for inspection within the 60-day requirement. A service provider may provide a means of resetting the device lock-out upon request of the offender and approval by the executive director or the executive director's designee. B. In instances where power loss occurs to the intelligent speed assistance device or a tampering, bypass, circumvention, or speed exceedance of the device is detected, the service provider shall immediately place the intelligent speed assistance device in recall mode and notify the commission within 24 hours. For the purposes of this subsection, "recall mode" means a feature of the intelligent speed assistance device requiring the offender to bring the vehicle in which the device is installed to a service provider's service facility within five days if a power loss or tamper, bypass, circumvention, or speed exceedance of the device is detected by the service provider. There shall be a notification to the offender when a recall mode is initiated. If the offender fails to bring the vehicle in which the device is installed to the service facility for an inspection within five days, the intelligent speed assistance device shall be placed in a device lock-out and the commission notified within 24 hours of such lock-out. C. All malfunctions of the intelligent speed assistance device shall be repaired or the intelligent speed assistance device replaced by the service provider within 48 hours at no additional expense to the offender. In instances where the service provider is not able to meet the 48-hour deadline, the service provider shall seek commission approval for an extension of the 48-hour timeframe. If it is shown that the malfunction is due to damage to the device as a result of mistreatment or improper use, the offender shall be responsible for applicable repair fees. D. A service provider technician shall be available at the service facility during specified hours to answer questions and to deal with mechanical concerns that may arise with a motor vehicle as a result of the intelligent speed assistance device. E. The service provider may charge a monthly maintenance fee. The maximum permissible cost for this fee shall be set by the commission, and service providers shall not be permitted to exceed the maximum fee established by the commission. A portion of these fees shall include costs for offender indigency funds. 24VAC35-90-100. Intelligent speed assistance device removal. A. Prior to removal of the intelligent speed assistance device, the service provider must receive written authorization from the commission. B. Offenders may not have their intelligent speed assistance device removed or replaced by another service provider without written authorization from the commission. C. Once the intelligent speed assistance device has been removed, the service provider will send a removal report to the commission via a method established by the commission documenting that the intelligent speed assistance device has been removed and that all fees have been paid. Once verification of an authorized removal has been received by the commission, the department will be notified that the offender has successfully completed the intelligent speed assistance requirements. D. Whenever an intelligent speed assistance device is removed, all components of the motor vehicle altered by the installation or servicing of the intelligent speed assistance device must be restored to their original, pre-installation condition and removed in such a manner as not to impair the safe operation of the vehicle. All severed wires must be permanently reconnected. 24VAC35-90-110. General service provider requirements. A. Intelligent speed assistance service providers that are approved to perform intelligent speed assistance services in Virginia and have entered into a contract for those services shall: 1. Abide by all commission memorandums, directives, contract terms, guidelines, and regulations pertaining to the statewide Intelligent Speed Assistance Program unless prohibited by state law. 2. Resolve offender, court, department, commission, and other stakeholder complaints as directed by the commission. 3. Contact the commission within 24 hours in instances where an intelligent speed assistance service facility becomes inoperable due to a large-scale weather event or other verified unforeseen circumstance and provide an action plan to mitigate the impact to customer service. 4. Resolve intelligent speed assistance service facility compliance issues as directed by the commission. 5. Obtain approval from the commission before disseminating any offender training or advertising materials used in association with the Intelligent Speed Assistance Program. 6. Make modifications to the company website that is used to review monthly calibration reports upon reasonable request by the commission. Reasonable requests include changes due to language that is confusing, misleading, offensive, or inaccurate; changes required due to updated technology; changes to comply with the Code of Virginia or this chapter; or changes due to workload changes or product enhancements. For the purpose of this subdivision, "calibration" means the process by which the intelligent speed assistance device is programmed to accurately read pedal response, vehicle voltages, revolutions per minute, and other parameters. 7. Assume full liability for action taken or not taken by the commission due to failure by a service provider to report a bypass, circumvention, or tamper of the intelligent speed assistance device to the commission as required by this chapter or due to inaccurate or misleading reporting, whether electronic or hard copy, provided by the service provider. 8. Be accountable for Virginia offenders with intelligent speed assistance devices set up for use by its company in another state and ensure that all Virginia intelligent speed assistance processes, regulations, requests for proposal terms, contract terms, and commission requirements are met unless prohibited by state law. 9. Assume full liability for breaches of offender data housed by the service provider if breached through the service provider's equipment, facility, or hardware. 10. Provide information technology assistance and training upon reasonable request by the commission. 11. Report all changes to the intelligent speed assistance device software or firmware, whether temporary or permanent, to the commission within 30 days of release in Virginia. 12. Ensure that all personnel seeking to perform intelligent speed assistance services or administrative duties for the intelligent speed assistance service provider in Virginia are duly qualified and of good moral character. An applicant shall not necessarily be barred from employment due to a criminal record; however, a criminal record may be considered in conjunction with other information to determine the overall suitability of applicants for employment. 13. Ensure that employees are properly trained and available to provide expert or other required testimony in any civil, criminal, or administrative proceedings as to the method of manufacturing the device, intelligent speed assistance device functionality, and the testing protocol by which the device is serviced. 14. Provide a completed application for state certification to the commission to perform intelligent speed assistance services for all technicians and state directors seeking to work in Virginia. The application shall be submitted at least 30 days prior to the employee performing any intelligent speed assistance services in Virginia unless otherwise approved by the executive director. For newly hired technicians who are permitted to perform intelligent speed assistance services while under the direct supervision of a certified technician for up to 90 days, the application shall be submitted no later than day 60 from the employee's hire date. 15. Identify all key personnel who will be providing intelligent speed assistance services for Virginia and furnish the commission with credentials on these personnel. 16. Notify the commission at least five business days in advance of a reduction in staffing levels of key personnel. 17. Notify the commission in writing within 15 days of disciplinary action taken by a state or other political entity in which the service provider conducts or has conducted intelligent speed assistance business. This notification shall include the reason for the disciplinary action and other information as the commission may reasonably request. This requirement applies regardless of the existence of an appeal. 18. Maintain secure websites, databases, and information systems for the collection, transmission, storage, and management of all data associated with the Intelligent Speed Assistance Program. Service providers shall implement appropriate administrative, technical, and physical safeguards consistent with industry best practices to protect the confidentiality, integrity, and availability of such information. All data collection, storage, and processing activities shall comply with applicable state and federal privacy, cybersecurity, and confidentiality laws and regulations, and providers shall take all reasonable steps to prevent unauthorized access, disclosure, alteration, or misuse of program data. 19. Submit to any commission inspection of records and abide by commission reporting directives. B. Failure to abide by any requirements of this chapter, Virginia law, or contract provisions is grounds for contract termination and removal of services from Virginia. 24VAC35-90-120. Fees. A. All potential service providers desiring to conduct business in Virginia's Intelligent Speed Assistance Program shall submit a $250 nonrefundable application fee to the commission. B. The following additional fees shall be paid by the service provider to the commission: 1. A $250 annual contract review fee; 2. A $75 annual review fee for each intelligent speed assistance service facility; 3. A $250 retest fee each time a service provider employee is required to take a second or subsequent Virginia Intelligent Speed Assistance Certification Exam due to an unsuccessful attempt on a prior exam; 4. A $10 monthly intelligent speed assistance administrative fee for each offender. The fee shall be accompanied by an associated offender list supporting the payment amounts and be paid by the 10th day of the following month; and 5. A $1000 fee per each new intelligent speed assistance device certification application submitted to the commission that was not previously certified in Virginia. This does not apply to any intelligent speed assistance device submitted as part of a response to a request for proposals submitted by the commission for the Intelligent Speed Assistance Program. C. Service providers may charge offenders for intelligent speed assistance services at rates up to, but not to exceed, the following:
2. $75 to transfer an intelligent speed assistance device from one vehicle to another;
3. $130 per month, plus applicable taxes, for intelligent speed assistance device leasing and maintenance, inclusive of the $10 monthly administrative fee to be paid to the commission. Effective July 1, 2027, this fee will increase to $140 per month due to camera installation requirements in 24VAC35-90-80 P; 4. $8.00 per month for optional insurance to cover theft or accidental damage to the intelligent speed assistance device and its components; 5. An amount of 20% over the actual replacement cost of the intelligent speed assistance device and its components when theft or accidental damage occurs and the offender has not purchased the optional insurance; 6. $50 plus mileage calculated at Virginia's mileage rate in effect at the time, not to exceed 100 miles, for service calls; 7. $35 for missed appointments; 8. An amount permitted by the Code of Virginia at the time for returned checks; 9. $50 per hour, not to exceed four total hours, for repairs and reinstallation of the intelligent speed assistance device when the commission determines that the offender illegally tampered with the device; 10. $50 recall fee; and 11. $50 lock-out override fee in instances where an intelligent speed assistance device prevents the vehicle in which the device is installed from accelerating due to failure by the offender to bring the vehicle in at least every 60 days for inspection or within the device recall time activated by the service provider for power loss or bypassing, tampering, circumvention, or speed exceedance events detected by the service provider. For purposes of this subdivision, "lock-out override" means a method of overriding a lock-out provided by the service provider. D. The commission may charge offenders fees for participation in the Intelligent Speed Assistance Program up to, but not to exceed, the following:
1. $50 per month for Intelligent Speed Assistance Program monitoring;
2. $50 noncompliance fee when an offender who is enrolled in the Intelligent Speed Assistance Program is determined to be noncompliant due to a violation of program requirements that requires court attendance by a local ASAP. This fee shall not be charged more than two times per referral and will be payable to any local ASAP that shall attend court at the direction of the executive director due to a noncompliance of the program in a court of jurisdiction; and 3. $25 reinstatement fee when an offender is re-referred into the Intelligent Speed Assistance Program due to a noncompliance hearing. E. In the event of changes to the Code of Virginia or this chapter mandating enhanced technological capabilities of intelligent speed assistance devices used in Virginia, the commission may increase offender installation, leasing, and maintenance fees up to a maximum of 25%. F. The commission shall establish and administer an indigency fund for offenders who are eligible for a reduction in fees based upon a declaration of indigency by the court or approval by the commission. Service providers shall not deny service to any offender for whom there has been a declaration of indigency or approval by the commission. 24VAC35-90-130. Intelligent Speed Assistance Program requirements and violations. A. In addition to the requirements of the Code of Virginia and this chapter, offenders referred into the Intelligent Speed Assistance Program shall complete the following requirements: 1. If ordered into the Intelligent Speed Assistance Program by the court or the department, enter into the Intelligent Speed Assistance Program at the commission and successfully complete enrollment and the required installation time on the intelligent speed assistance device.
B. Violations of the Intelligent Speed Assistance Program include when an offender:
1. Fails to have an intelligent speed assistance device installed on each motor vehicle operated by, owned by, or registered to the offender within 15 days of the effective date of the court or the department order referring the offender into the program; 2. Operates any motor vehicle that is not equipped with a functioning, certified intelligent speed assistance device during the time required by the court or the department; 3. Fails to complete enrollment at the commission within 15 days of the court order requiring completion of the Intelligent Speed Assistance Program; 4. Bypasses, circumvents, or tampers with an intelligent speed assistance device; 5. Is convicted with a reckless driving, speed-related, or licensing offense while enrolled in the Intelligent Speed Assistance Program; 6. Violates the posted speed limit. In the event the intelligent speed assistance device detects a speed higher than the posted speed limit, the offender is required to obey the posted speed limit, including dynamic speed zones; 7. Fails to take the vehicle in which the intelligent speed assistance device is installed to the service provider within the five-day recall time initiated by the service provider due to a device power loss, circumvention, tamper, bypass, or speed exceedance of the device; 8. Fails to take any vehicle in which the intelligent speed assistance device is installed to the service provider every 60 days for inspection and maintenance; 9. Violates any other requirements of the court-ordered referral into the Intelligent Speed Assistance Program, the Code of Virginia, or this chapter; or 10. Becomes 60 days in arrears on a fee balance owed to the commission. For department intelligent speed assistance referrals, the commission may discontinue monitoring services and remove the offender from the program if a fee balance owed to the commission becomes 60 days in arrears. C. If referred by the court, violations of the Intelligent Speed Assistance Program shall be returned noncompliant to the court of jurisdiction that originated the referral into the program. 24VAC35-90-140. Emergency declarations. The commission reserves the right to suspend service-related requirements of this chapter in applicable geographical areas when there exists a federal or state disaster or declaration of emergency.VA.R. Doc. No. R26-8744; Filed September 28, 2026 Home Home VA Register Online Current Issue Previous Issues Emergency Regulations Emergency Regulations Guidance Documents Guidance Documents Learn History of the VA Register About this Site Register of Regulations FAQs Regulatory Processes Citizen Participation Agency Resources Publication Form & Procedure Manual RIS Resources Publication Deadlines Regulation Filing FAQs VA Register Style Manual (pdf) Guidance Document List Instructions (pdf) Follow us on Twitter | 201 N. Ninth Street, Richmond, VA 23219. Email: codes@dls.virginia.gov © Copyright Commonwealth of Virginia, 2013-2026. All rights reserved. Site developed by the Division of Legislative Automated Systems (DLAS)
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