Code of Virginia
Chapter 14.1 - Early Childhood Care and Education
§ 22.1-289.02. Definitions

As used in this chapter, unless the context requires a different meaning:
"Child day center" means a child day program offered to (i) two or more children under the age of 13 in a facility that is not the residence of the provider or of 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 under the age of 13 for less than a 24-hour period.
"Early childhood care and education entity" means a child day center, family day home, or family day system serving children under the age of five.
"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. The provider of a licensed or registered family day home 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. Family day homes serving five through 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 under the age of two, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. However, 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 arrangement, may provide central administrative functions including, but not limited to, 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.
"Head Start provider" means a public or private, nonprofit or for-profit organization or agency, including any community-based organization, as such term is defined in 20 U.S.C. § 7801, to which a grantee has delegated all or part of the responsibility of the grantee for operating a Head Start program.
"Publicly funded provider" means any (i) educational program provided by a school division or local government to children between birth and age five or (ii) child day program that receives state or federal funds in support of its operations that serves three or more unrelated children. "Publicly funded provider" does not include any program for which the sole source of public funding is the federal Child and Adult Care Food Program (CACFP) administered by the U.S. Department of Agriculture Food and Nutrition Service.
"Registered family day home" means any family day home that has met the standards for voluntary registration for such homes pursuant to regulations adopted by the Board and that has obtained a certificate of registration from the Superintendent.
2020, cc. 860, 861.

Structure Code of Virginia

Code of Virginia

Title 22.1 - Education

Chapter 14.1 - Early Childhood Care and Education

§ 22.1-289.02. Definitions

§ 22.1-289.03. Early childhood care and education system; establishment

§ 22.1-289.04. Early childhood care and education advisory committee

§ 22.1-289.05. Uniform measurement and improvement system; regional entities; establishment

§ 22.1-289.06. Confidential records and information; penalty

§ 22.1-289.07. Information related to shaken baby syndrome

§ 22.1-289.08. Board to investigate child day programs at direction of Governor

§ 22.1-289.08:1. Child Care Subsidy Program Overpayment Fund

§ 22.1-289.09. Programs designed to promote educational opportunities

§ 22.1-289.010. Application fees; regulations and schedules; use of fees; certain facilities, centers and agencies exempt

§ 22.1-289.011. Licenses required; issuance, expiration, and renewal; maximum number of participants or children; posting of licenses

§ 22.1-289.012. Local government to report business licenses issued to child day centers and family day homes

§ 22.1-289.013. Investigation on receipt of application

§ 22.1-289.014. Variances

§ 22.1-289.015. Voluntary registration of family day homes; inspections; investigation upon receipt of complaint; revocation or suspension of registration

§ 22.1-289.016. Unlicensed and unregistered family day homes; notice to parents

§ 22.1-289.017. Compliance with Uniform Statewide Building Code

§ 22.1-289.018. Inspections and interviews

§ 22.1-289.019. Inspections of child day programs and family day systems; prioritization

§ 22.1-289.020. Issuance or refusal of license; notification; provisional and conditional licenses

§ 22.1-289.021. Records and reports

§ 22.1-289.022. Enforcement and sanctions; child day programs and family day systems; revocation and denial

§ 22.1-289.023. Enforcement and sanctions; special orders; civil penalties

§ 22.1-289.024. (Effective January 1 2022) Appeal from refusal, denial of renewal, or revocation of license

§ 22.1-289.025. Right to appeal notice of intent; child day programs and family day systems operated by agencies of the Commonwealth

§ 22.1-289.026. Injunction against operation without license

§ 22.1-289.027. Offenses; penalty

§ 22.1-289.028. Misleading advertising prohibited

§ 22.1-289.029. Duty of attorneys for the Commonwealth

§ 22.1-289.030. Exemptions from licensure

§ 22.1-289.031. Child day center operated by religious institution exempt from licensure; annual statement and documentary evidence required; enforcement; injunctive relief

§ 22.1-289.032. Certification of preschool or nursery school programs operated by accredited private schools; provisional certification; annual statement and documentary evidence required; enforcement; injunctive relief

§ 22.1-289.033. Inspection of unlicensed child care operations; inspection warrant

§ 22.1-289.034. Barrier crime; construction

§ 22.1-289.035. Licensed child day centers, family day homes, and family day systems; employment for compensation or use as volunteers of persons convicted of or found to have committed certain offenses prohibited; national background check required;...

§ 22.1-289.036. Background check upon application for licensure, registration, or approval as child day center, family day home, or family day system; penalty

§ 22.1-289.037. Revocation or denial of renewal based on background checks; failure to obtain background check

§ 22.1-289.038. Child day programs and family day systems; criminal conviction and waiver

§ 22.1-289.039. Records check by unlicensed child day center; penalty

§ 22.1-289.040. Child day centers and family day homes receiving federal, state, or local child care funds; eligibility requirements

§ 22.1-289.041. Sex offender or child abuser prohibited from operating or residing in family day home; penalty

§ 22.1-289.042. Establishment of toll-free telephone line for complaints; investigation on receipt of complaints

§ 22.1-289.043. Confidentiality of complainant's identity

§ 22.1-289.044. Retaliation or discrimination against complainants

§ 22.1-289.045. Retaliation against reports of child abuse or neglect

§ 22.1-289.046. Regulations for child day programs and family day systems

§ 22.1-289.047. Interagency agreements; cooperation of Department with other departments

§ 22.1-289.048. Program leaders and child-care supervisors at licensed child day centers; approved credential

§ 22.1-289.049. Regulated child day programs to require proof of child identity and age; report to law-enforcement agencies

§ 22.1-289.050. Insurance notice requirements for family day homes; civil penalty

§ 22.1-289.051. Dual licenses for certain child day centers

§ 22.1-289.052. Asbestos inspection required for child day centers

§ 22.1-289.053. Delay in acting on application or in notification

§ 22.1-289.054. Visitation by parents or guardians in child day programs

§ 22.1-289.055. Public funds to be withheld for serious or persistent violations

§ 22.1-289.055:1. Programs offered at certain residential private school

§ 22.1-289.056. Storage of firearms in certain family day homes

§ 22.1-289.057. Child day programs and certain other programs; potable water; lead testing

§ 22.1-289.058. Child day programs and certain other programs; carbon monoxide detectors

§ 22.1-289.059. Possession and administration of an appropriate weight-based dosage of epinephrine by employees