Code of Virginia
Chapter 14.1 - Early Childhood Care and Education
§ 22.1-289.046. Regulations for child day programs and family day systems

A. The Board shall adopt regulations for the activities, services, and facilities to be employed by persons and agencies required to be licensed under this chapter, which shall be designed to ensure that such activities, services, and facilities are conducive to the welfare of the children under the control of such persons or agencies.
Such regulations shall be developed in consultation with representatives of the affected entities and shall include matters relating to the sex, age, and number of children and other persons to be maintained or cared for, as the case may be, and to the buildings and premises to be used, and reasonable standards for the activities, services and facilities to be employed. Such limitations and standards shall be specified in each license and renewal thereof. Such regulations shall not require the adoption of a specific teaching approach or doctrine or require the membership, affiliation, or accreditation services of any single private accreditation or certification agency.
Such regulations governing child day programs providing care for school-age children at a location that is currently approved by the Department or recognized as a private school by the Board for school occupancy and that houses a public or private school during the school year shall not (i) prohibit school-age children from using outdoor play equipment and areas approved for use by students of the school during school hours or (ii) in the case of public schools, require inspection or approval of the building, vehicles used to transport children attending the child day program that are owned by the school, or meals served to such children that are prepared by the school.
Such regulations governing orientation and training of child day program staff shall provide that parents or other persons who participate in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including such parents and persons who are counted for the purpose of determining staff-to-child ratios, shall be exempt from orientation and training requirements applicable to staff of child day programs; however, such regulations may require such parents and persons to complete up to four hours of training per year. This orientation and training exemption shall not apply to any parent or other person who participates in a cooperative preschool center that has entered into a contract to provide child care services funded by the Child Care and Development Block Grant.
B. The Board shall adopt or amend regulations, policies, and procedures related to child day care in collaboration with the Virginia Recreation and Park Society. No regulation adopted by the Board shall prohibit a child day center from hiring an armed security officer, licensed pursuant to Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1, to provide protection for children placed in the care of the child day center or employees of the center. The Board shall adopt or amend regulations related to therapeutic recreation programs in collaboration with the Virginia Park and Recreation Society and the Department of Behavioral Health and Developmental Services.
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