{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.02.html"}],"law_id":83341,"edition_id":1,"section_id":83341,"structure_id":14148,"section_number":"22.1-289.02","catch_line":"Definitions","history":"2020, cc. 860, 861; 2025, cc. 187, 328.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“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.\n\t\t“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.\n\t\t“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.\n\t\t“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.\n\t\t“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.\n\t\t“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. \u00a7 7801, to which a grantee has delegated all or part of the responsibility of the grantee for operating a Head Start program.\n\t\t“Out-of-school time program” means a program that (i) serves only school-age children; (ii) operates primarily before or after regular school hours, during the summer, or at times when school is not normally in session; and (iii) is offered for the purpose of promoting expanded childhood learning and enrichment, child and youth development, or educational, recreational, or character-building activities.\n\t\t“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 (a) the federal Child and Adult Care Food Program (CACFP) administered by the U.S. Department of Agriculture Food and Nutrition Service (b) financial assistance for military child care pursuant to 10 U.S.C. \u00a7 1798 and that is accredited by a U.S. Department of Defense-approved national accrediting body. Any program described in clause (b) shall subsequently be considered a publicly funded provider if each child for whom such program receives such financial assistance for military child care either disenrolls from or ages out of such program.\n\t\t“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.","order_by":null,"text":{"0":{"id":298595,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“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.\n\t\t“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.\n\t\t“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.\n\t\t“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.\n\t\t“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.\n\t\t“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. \u00a7 7801, to which a grantee has delegated all or part of the responsibility of the grantee for operating a Head Start program.\n\t\t“Out-of-school time program” means a program that (i) serves only school-age children; (ii) operates primarily before or after regular school hours, during the summer, or at times when school is not normally in session; and (iii) is offered for the purpose of promoting expanded childhood learning and enrichment, child and youth development, or educational, recreational, or character-building activities.\n\t\t“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 (a) the federal Child and Adult Care Food Program (CACFP) administered by the U.S. Department of Agriculture Food and Nutrition Service (b) financial assistance for military child care pursuant to 10 U.S.C. \u00a7 1798 and that is accredited by a U.S. Department of Defense-approved national accrediting body. Any program described in clause (b) shall subsequently be considered a publicly funded provider if each child for whom such program receives such financial assistance for military child care either disenrolls from or ages out of such program.\n\t\t“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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14148,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13624,"metadata":{},"date_created":"2026-06-26 03:47:02","date_modified":"2026-06-26 03:47:02","permalink":{"id":182607,"object_type":"structure","relational_id":14148,"identifier":"1","token":"22.1\/14.1\/1","url":"\/22.1\/14.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13624,"edition_id":1,"name":"Early Childhood Care and Education","identifier":"14.1","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":182605,"object_type":"structure","relational_id":13624,"identifier":"14.1","token":"22.1\/14.1","url":"\/22.1\/14.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83341,"structure_id":14148,"section_number":"22.1-289.02","catch_line":"Definitions","url":"\/22.1-289.02\/","token":"22.1\/14.1\/1\/22.1-289.02","metadata":false},{"id":71362,"structure_id":14148,"section_number":"22.1-289.03","catch_line":"Early childhood care and education system; establishment; need-based and demand-based funding","url":"\/22.1-289.03\/","token":"22.1\/14.1\/1\/22.1-289.03","metadata":false},{"id":63377,"structure_id":14148,"section_number":"22.1-289.04","catch_line":"Early childhood care and education advisory committee","url":"\/22.1-289.04\/","token":"22.1\/14.1\/1\/22.1-289.04","metadata":false},{"id":57066,"structure_id":14148,"section_number":"22.1-289.05","catch_line":"Uniform measurement and improvement system; regional entities; establishment","url":"\/22.1-289.05\/","token":"22.1\/14.1\/1\/22.1-289.05","metadata":false},{"id":76089,"structure_id":14148,"section_number":"22.1-289.05:1","catch_line":"(Expires July 1, 2029) Small Family Day Home Provider Incentive Pilot Program","url":"\/22.1-289.05_1\/","token":"22.1\/14.1\/1\/22.1-289.05_1","metadata":false},{"id":55304,"structure_id":14148,"section_number":"22.1-289.06","catch_line":"Confidential records and information; penalty","url":"\/22.1-289.06\/","token":"22.1\/14.1\/1\/22.1-289.06","metadata":false},{"id":60494,"structure_id":14148,"section_number":"22.1-289.07","catch_line":"Information related to shaken baby syndrome","url":"\/22.1-289.07\/","token":"22.1\/14.1\/1\/22.1-289.07","metadata":false},{"id":87422,"structure_id":14148,"section_number":"22.1-289.08","catch_line":"Board to investigate child day programs at direction of Governor","url":"\/22.1-289.08\/","token":"22.1\/14.1\/1\/22.1-289.08","metadata":false},{"id":72402,"structure_id":14148,"section_number":"22.1-289.08:1","catch_line":"Child Care Subsidy Program Overpayment Fund","url":"\/22.1-289.08_1\/","token":"22.1\/14.1\/1\/22.1-289.08_1","metadata":false},{"id":81174,"structure_id":14148,"section_number":"22.1-289.08:2","catch_line":"Child Care Subsidy Program; categorical eligibility for certain families","url":"\/22.1-289.08_2\/","token":"22.1\/14.1\/1\/22.1-289.08_2","metadata":false}],"next_section":{"id":71362,"structure_id":14148,"section_number":"22.1-289.03","catch_line":"Early childhood care and education system; establishment; need-based and demand-based funding","url":"\/22.1-289.03\/","token":"22.1\/14.1\/1\/22.1-289.03","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.02\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 860<\/a> and 861<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2025, chapters 187<\/a> and 328<\/a>.<\/p>","references":[{"id":66725,"section_number":"15.2-2292","catch_line":"Zoning provisions for family day homes","order_by":null,"url":"\/15.2-2292\/"},{"id":86837,"section_number":"15.2-912.4","catch_line":"Regulation of tobacco and hemp product retail sale locations","order_by":null,"url":"\/15.2-912.4\/"},{"id":79362,"section_number":"18.2-255.2","catch_line":"Prohibiting the sale or manufacture of drugs on or near certain properties; penalty","order_by":null,"url":"\/18.2-255.2\/"},{"id":58832,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","order_by":null,"url":"\/18.2-308.1\/"},{"id":86551,"section_number":"18.2-370.2","catch_line":"Sex offenses prohibiting proximity to children; penalty","order_by":null,"url":"\/18.2-370.2\/"},{"id":83105,"section_number":"18.2-370.3","catch_line":"Sex offenses prohibiting residing in proximity to children; penalty","order_by":null,"url":"\/18.2-370.3\/"},{"id":65049,"section_number":"18.2-371.1","catch_line":"Abuse and neglect of children; penalties; abandoned infant","order_by":null,"url":"\/18.2-371.1\/"},{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":56012,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","order_by":null,"url":"\/19.2-70.3\/"},{"id":60253,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","order_by":null,"url":"\/2.2-3705.5\/"},{"id":67660,"section_number":"2.2-3905","catch_line":"Nondiscrimination in employment; definitions; exceptions","order_by":null,"url":"\/2.2-3905\/"},{"id":54607,"section_number":"22.1-289.030","catch_line":"Exemptions from licensure","order_by":null,"url":"\/22.1-289.030\/"},{"id":55924,"section_number":"22.1-296.3","catch_line":"Certain private school employees subject to fingerprinting and criminal records checks","order_by":null,"url":"\/22.1-296.3\/"},{"id":85523,"section_number":"54.1-3005","catch_line":"Specific powers and duties of Board","order_by":null,"url":"\/54.1-3005\/"},{"id":77665,"section_number":"54.1-3408","catch_line":"Professional use by practitioners","order_by":null,"url":"\/54.1-3408\/"},{"id":70661,"section_number":"59.1-548","catch_line":"Enterprise zone real property investment grants","order_by":null,"url":"\/59.1-548\/"},{"id":86098,"section_number":"63.2-1509","catch_line":"Requirement that certain injuries to children be reported by physicians, nurses, teachers, etc.; penalty for failure to report","order_by":null,"url":"\/63.2-1509\/"},{"id":67092,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","order_by":null,"url":"\/63.2-1515\/"},{"id":74954,"section_number":"63.2-603","catch_line":"Eligibility for TANF; childhood immunizations","order_by":null,"url":"\/63.2-603\/"},{"id":72317,"section_number":"9.1-914","catch_line":"Automatic notification of registration to certain entities; electronic notification to requesting persons","order_by":null,"url":"\/9.1-914\/"}],"refers_to":false,"permalink":{"id":182609,"object_type":"law","relational_id":83341,"identifier":"22.1-289.02","token":"22.1\/14.1\/1\/22.1-289.02","url":"\/22.1-289.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.02\/","token":"22.1\/14.1\/1\/22.1-289.02","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Child day center<\/span>” means a child day program<\/span> 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.\n\t\t“Child day program<\/span>” means a regularly operating service arrangement for children where, during the absence of a parent<\/span> 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.\n\t\t“Early childhood care and education entity<\/span>” means a child day center<\/span>, family day home<\/span>, or family day system<\/span> serving children under the age of five.\n\t\t“Family day home<\/span>” means a child day program<\/span> 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<\/span><\/span> shall disclose to the parents<\/span><\/span> 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<\/span> 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<\/span> 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<\/span> is licensed or voluntarily registered. However, a family day home<\/span> where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.\n\t\t“Family day system<\/span>” means any person who approves family day homes<\/span> as members of its system; who refers children to available family day homes<\/span> 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.\n\t\t“Head Start provider<\/span>” 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. \u00a7 7801, to which a grantee has delegated all or part of the responsibility of the grantee for operating a Head Start program.\n\t\t“Out-of-school time program<\/span>” means a program that (i) serves only school-age children; (ii) operates primarily before or after regular school hours, during the summer, or at times when school is not normally in session; and (iii) is offered for the purpose of promoting expanded childhood learning and enrichment, child and youth development, or educational, recreational, or character-building activities.\n\t\t“Publicly funded provider<\/span>” 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<\/span> that receives state or federal funds in support of its operations that serves three or more unrelated children. “Publicly funded provider<\/span>” does not include any program for which the sole source of public funding is (a) the federal Child and Adult Care Food Program (CACFP) administered by the U.S. Department<\/span> of Agriculture Food and Nutrition Service (b) financial assistance for military child care pursuant to 10 U.S.C. \u00a7 1798 and that is accredited by a U.S. Department<\/span> of Defense-approved national accrediting body. Any program described in clause (b) shall subsequently be considered a publicly funded provider<\/span> if each child for whom such program receives such financial assistance for military child care either disenrolls from or ages out of such program.\n\t\t“Registered family day home<\/span><\/span>” means any family day home<\/span> that has met the standards for voluntary registration for such homes pursuant to regulations adopted by the Board<\/span> and that has obtained a certificate of registration from the Superintendent<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 22.1-289.02)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Child day center” means a child day program offered to (i) two or\nmore children under the age of 13 in a facility that is not the residence of the\nprovider or of any of the children in care or (ii) 13 or more children at any\nlocation.\n\t\t“Child day program” means a regularly operating service\narrangement for children where, during the absence of a parent or guardian, a\nperson or organization has agreed to assume responsibility for the supervision,\nprotection, and well-being of a child under the age of 13 for less than a\n24-hour period.\n\t\t“Early childhood care and education entity” means a child day\ncenter, family day home, or family day system serving children under the age of\nfive.\n\t\t“Family day home” means a child day program offered in the\nresidence of the provider or the home of any of the children in care for one\nthrough 12 children under the age of 13, exclusive of the provider’s own\nchildren and any children who reside in the home, when at least one child\nreceives care for compensation. The provider of a licensed or registered family\nday home shall disclose to the parents or guardians of children in their care\nthe percentage of time per week that persons other than the provider will care\nfor the children. Family day homes serving five through 12 children, exclusive\nof the provider’s own children and any children who reside in the home,\nshall be licensed. However, no family day home shall care for more than four\nchildren under the age of two, including the provider’s own children and\nany children who reside in the home, unless the family day home is licensed or\nvoluntarily registered. However, a family day home where the children in care\nare all related to the provider by blood or marriage shall not be required to be\nlicensed.\n\t\t“Family day system” means any person who approves family day homes\nas members of its system; who refers children to available family day homes in\nthat system; and who, through contractual arrangement, may provide central\nadministrative functions including, but not limited to, training of operators of\nmember homes; technical assistance and consultation to operators of member\nhomes; inspection, supervision, monitoring, and evaluation of member homes; and\nreferral of children to available health and social services.\n\t\t“Head Start provider” means a public or private, nonprofit or\nfor-profit organization or agency, including any community-based organization,\nas such term is defined in 20 U.S.C. \u00a7 7801, to which a grantee has delegated\nall or part of the responsibility of the grantee for operating a Head Start\nprogram.\n\t\t“Out-of-school time program” means a program that (i) serves only\nschool-age children; (ii) operates primarily before or after regular school\nhours, during the summer, or at times when school is not normally in session;\nand (iii) is offered for the purpose of promoting expanded childhood learning\nand enrichment, child and youth development, or educational, recreational, or\ncharacter-building activities.\n\t\t“Publicly funded provider” means any (i) educational program\nprovided by a school division or local government to children between birth and\nage five or (ii) child day program that receives state or federal funds in\nsupport of its operations that serves three or more unrelated children.\n“Publicly funded provider” does not include any program for which\nthe sole source of public funding is (a) the federal Child and Adult Care Food\nProgram (CACFP) administered by the U.S. Department of Agriculture Food and\nNutrition Service (b) financial assistance for military child care pursuant to\n10 U.S.C. \u00a7 1798 and that is accredited by a U.S. Department of\nDefense-approved national accrediting body. Any program described in clause (b)\nshall subsequently be considered a publicly funded provider if each child for\nwhom such program receives such financial assistance for military child care\neither disenrolls from or ages out of such program.\n\t\t“Registered family day home” means any family day home that has\nmet the standards for voluntary registration for such homes pursuant to\nregulations adopted by the Board and that has obtained a certificate of\nregistration from the Superintendent.\n\nHISTORY: 2020, cc. 860, 861; 2025, cc. 187, 328.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}