{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.023.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.023.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.023.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.023.html"}],"law_id":69405,"edition_id":1,"section_id":69405,"structure_id":14356,"section_number":"22.1-289.023","catch_line":"Enforcement and sanctions; special orders; civil penalties","history":"2020, cc. 860, 861.","full_text":"A\n\nNotwithstanding any other provision of law, following a proceeding as provided in § 2.2-4019, the Superintendent may issue a special order (i) for violation of any of the provisions of this chapter, § 54.1-3408, or any regulation adopted under any provision of this chapter which violation adversely affects, or is an imminent and substantial threat to, the health, safety, or welfare of the person cared for therein, or (ii) for permitting, aiding, or abetting the commission of any illegal act in a child day program or family day system. Notice of the Superintendent’s intent to take any of the actions enumerated in subdivisions B 1 through 6 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. Actions set forth in subsection B may be appealed by (a) a child day program or family day system operated by an agency of the Commonwealth in accordance with § 22.1-289.025 or (b) any other child day program or family day system in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). The Superintendent shall not delegate his authority to impose civil penalties in conjunction with the issuance of special orders.B\n\nThe Superintendent may take the following actions regarding child day programs and family day 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\n\nPlace a licensee on probation upon finding that the licensee is substantially out of compliance with the terms of its license and that the health and safety of children are at risk;2\n\nReduce 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\n\nMandate 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 such training has led directly to violations of regulations;4\n\nAssess civil penalties of not more than $500 per inspection upon finding that the child day program or family day system is substantially out of compliance with the terms of its license and the health and safety of children are at risk; however, no civil penalty shall be imposed pursuant to this subdivision on any child day program or family day system operated by an agency of the Commonwealth;5\n\nRequire licensees to contact parents, guardians, or other responsible persons in writing regarding health and safety violations; and6\n\nPrevent licensees who are substantially out of compliance with the licensure terms or in violation of the regulations from receiving public funds.C\n\nThe Board shall adopt regulations to implement the provisions of this section.","order_by":null,"text":{"0":{"id":251012,"text":"Notwithstanding any other provision of law, following a proceeding as provided in § 2.2-4019, the Superintendent may issue a special order (i) for violation of any of the provisions of this chapter, § 54.1-3408, or any regulation adopted under any provision of this chapter which violation adversely affects, or is an imminent and substantial threat to, the health, safety, or welfare of the person cared for therein, or (ii) for permitting, aiding, or abetting the commission of any illegal act in a child day program or family day system. Notice of the Superintendent’s intent to take any of the actions enumerated in subdivisions B 1 through 6 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. Actions set forth in subsection B may be appealed by (a) a child day program or family day system operated by an agency of the Commonwealth in accordance with § 22.1-289.025 or (b) any other child day program or family day system in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). The Superintendent shall not delegate his authority to impose civil penalties in conjunction with the issuance of special orders.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":251013,"text":"The Superintendent may take the following actions regarding child day programs and family day 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:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":251014,"text":"Place a licensee on probation upon finding that the licensee is substantially out of compliance with the terms of its license and that the health and safety of children are at risk;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":251015,"text":"Reduce 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;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":251016,"text":"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 such training has led directly to violations of regulations;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":251017,"text":"Assess civil penalties of not more than $500 per inspection upon finding that the child day program or family day system is substantially out of compliance with the terms of its license and the health and safety of children are at risk; however, no civil penalty shall be imposed pursuant to this subdivision on any child day program or family day system operated by an agency of the Commonwealth;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":251018,"text":"Require licensees to contact parents, guardians, or other responsible persons in writing regarding health and safety violations; and","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":251019,"text":"Prevent licensees who are substantially out of compliance with the licensure terms or in violation of the regulations from receiving public funds.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":251020,"text":"The Board shall adopt regulations to implement the provisions of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6"}},"ancestry":[{"id":14356,"edition_id":1,"name":"Licensure","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13624,"metadata":{},"date_created":"2026-06-26 03:47:52","date_modified":"2026-06-26 03:47:52","permalink":{"id":182655,"object_type":"structure","relational_id":14356,"identifier":"3","token":"22.1\/14.1\/3","url":"\/22.1\/14.1\/3\/","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":84872,"structure_id":14356,"section_number":"22.1-289.010","catch_line":"Application fees; regulations and schedules; use of fees; certain facilities, centers and agencies exempt","url":"\/22.1-289.010\/","token":"22.1\/14.1\/3\/22.1-289.010","metadata":false},{"id":55674,"structure_id":14356,"section_number":"22.1-289.011","catch_line":"Licenses required; issuance, expiration, and renewal; maximum number of participants or children; posting of licenses","url":"\/22.1-289.011\/","token":"22.1\/14.1\/3\/22.1-289.011","metadata":false},{"id":61594,"structure_id":14356,"section_number":"22.1-289.012","catch_line":"Local government to report business licenses issued to child day centers and family day homes","url":"\/22.1-289.012\/","token":"22.1\/14.1\/3\/22.1-289.012","metadata":false},{"id":60729,"structure_id":14356,"section_number":"22.1-289.013","catch_line":"Investigation on receipt of application","url":"\/22.1-289.013\/","token":"22.1\/14.1\/3\/22.1-289.013","metadata":false},{"id":65956,"structure_id":14356,"section_number":"22.1-289.014","catch_line":"Variances","url":"\/22.1-289.014\/","token":"22.1\/14.1\/3\/22.1-289.014","metadata":false},{"id":86017,"structure_id":14356,"section_number":"22.1-289.015","catch_line":"Voluntary registration of family day homes; inspections; investigation upon receipt of complaint; revocation or suspension of registration","url":"\/22.1-289.015\/","token":"22.1\/14.1\/3\/22.1-289.015","metadata":false},{"id":86460,"structure_id":14356,"section_number":"22.1-289.016","catch_line":"Unlicensed and unregistered family day homes; notice to parents","url":"\/22.1-289.016\/","token":"22.1\/14.1\/3\/22.1-289.016","metadata":false},{"id":66421,"structure_id":14356,"section_number":"22.1-289.017","catch_line":"Compliance with Uniform Statewide Building Code","url":"\/22.1-289.017\/","token":"22.1\/14.1\/3\/22.1-289.017","metadata":false},{"id":70777,"structure_id":14356,"section_number":"22.1-289.018","catch_line":"Inspections and interviews","url":"\/22.1-289.018\/","token":"22.1\/14.1\/3\/22.1-289.018","metadata":false},{"id":68229,"structure_id":14356,"section_number":"22.1-289.019","catch_line":"Inspections of child day programs and family day systems; prioritization","url":"\/22.1-289.019\/","token":"22.1\/14.1\/3\/22.1-289.019","metadata":false},{"id":80365,"structure_id":14356,"section_number":"22.1-289.020","catch_line":"Issuance or refusal of license; notification; provisional and conditional licenses","url":"\/22.1-289.020\/","token":"22.1\/14.1\/3\/22.1-289.020","metadata":false},{"id":77887,"structure_id":14356,"section_number":"22.1-289.021","catch_line":"Records and reports","url":"\/22.1-289.021\/","token":"22.1\/14.1\/3\/22.1-289.021","metadata":false},{"id":71983,"structure_id":14356,"section_number":"22.1-289.022","catch_line":"Enforcement and sanctions; child day programs and family day systems; revocation and denial","url":"\/22.1-289.022\/","token":"22.1\/14.1\/3\/22.1-289.022","metadata":false},{"id":69405,"structure_id":14356,"section_number":"22.1-289.023","catch_line":"Enforcement and sanctions; special orders; civil penalties","url":"\/22.1-289.023\/","token":"22.1\/14.1\/3\/22.1-289.023","metadata":false},{"id":84148,"structure_id":14356,"section_number":"22.1-289.024","catch_line":"Appeal from refusal, denial of renewal, or revocation of license","url":"\/22.1-289.024\/","token":"22.1\/14.1\/3\/22.1-289.024","metadata":false},{"id":62171,"structure_id":14356,"section_number":"22.1-289.025","catch_line":"Right to appeal notice of intent; child day programs and family day systems operated by agencies of the Commonwealth","url":"\/22.1-289.025\/","token":"22.1\/14.1\/3\/22.1-289.025","metadata":false},{"id":78106,"structure_id":14356,"section_number":"22.1-289.026","catch_line":"Injunction against operation without license","url":"\/22.1-289.026\/","token":"22.1\/14.1\/3\/22.1-289.026","metadata":false},{"id":84471,"structure_id":14356,"section_number":"22.1-289.027","catch_line":"Offenses; penalty","url":"\/22.1-289.027\/","token":"22.1\/14.1\/3\/22.1-289.027","metadata":false},{"id":80869,"structure_id":14356,"section_number":"22.1-289.028","catch_line":"Misleading advertising prohibited","url":"\/22.1-289.028\/","token":"22.1\/14.1\/3\/22.1-289.028","metadata":false},{"id":79835,"structure_id":14356,"section_number":"22.1-289.029","catch_line":"Duty of attorneys for the Commonwealth","url":"\/22.1-289.029\/","token":"22.1\/14.1\/3\/22.1-289.029","metadata":false}],"previous_section":{"id":71983,"structure_id":14356,"section_number":"22.1-289.022","catch_line":"Enforcement and sanctions; child day programs and family day systems; revocation and denial","url":"\/22.1-289.022\/","token":"22.1\/14.1\/3\/22.1-289.022","metadata":false},"next_section":{"id":84148,"structure_id":14356,"section_number":"22.1-289.024","catch_line":"Appeal from refusal, denial of renewal, or revocation of license","url":"\/22.1-289.024\/","token":"22.1\/14.1\/3\/22.1-289.024","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.023\/","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.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":83688,"section_number":"2.2-4001","catch_line":"Definitions","order_by":null,"url":"\/2.2-4001\/"},{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":62171,"section_number":"22.1-289.025","catch_line":"Right to appeal notice of intent; child day programs and family day systems operated by agencies of the Commonwealth","order_by":null,"url":"\/22.1-289.025\/"},{"id":77665,"section_number":"54.1-3408","catch_line":"Professional use by practitioners","order_by":null,"url":"\/54.1-3408\/"}],"permalink":{"id":182709,"object_type":"law","relational_id":69405,"identifier":"22.1-289.023","token":"22.1\/14.1\/3\/22.1-289.023","url":"\/22.1-289.023\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.023\/","token":"22.1\/14.1\/3\/22.1-289.023","dublin_core":{"Title":"Enforcement and sanctions; special orders; civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.023","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of law<\/span>, following a proceeding as provided in § 2.2-4019<\/a>, the Superintendent<\/span> may issue<\/span> a special order<\/span> (i) for violation of any of the provisions of this chapter, § 54.1-3408<\/a>, or any regulation adopted under any provision of this chapter which violation adversely affects, or is an imminent and substantial threat to, the health, safety, or welfare of the person cared for therein, or (ii) for permitting, aiding, or abetting the commission of any illegal act in a child day program<\/span> or family day system<\/span>. Notice of the Superintendent<\/span>’s intent<\/span> to take any of the actions enumerated in subdivisions B 1 through 6 shall be provided by the Department<\/span>, 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<\/span> shall be considered a case decision as defined in § 2.2-4001<\/a>. Actions set forth in subsection B may be appealed by (a) a child day program<\/span> or family day system<\/span> operated by an agency of the Commonwealth in accordance with § 22.1-289.025<\/a> or (b) any other child day program<\/span> or family day system<\/span> in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.). The Superintendent<\/span> shall not delegate his authority to impose civil penalties in conjunction with the issuance of special orders<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Superintendent<\/span> may take the following actions regarding child day programs<\/span> and family day systems<\/span> through the issuance of a special order<\/span> and may require a copy of the special order<\/span> provided by the Department<\/span> to be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Place a licensee on probation<\/span> upon finding<\/span> that the licensee is substantially out of compliance with the terms of its license and that the health and safety of children are at risk; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Reduce licensed capacity or prohibit new admissions when the Superintendent<\/span> concludes that the licensee cannot make necessary corrections to achieve compliance with regulations except by a temporary restriction of its scope of service; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Mandate<\/span> training for the licensee or licensee’s employees, with any costs to be borne by the licensee, when the Superintendent<\/span> concludes that the lack of such training has led directly to violations of regulations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Assess civil penalties of not more than $500 per inspection upon finding<\/span> that the child day program<\/span> or family day system<\/span> is substantially out of compliance with the terms of its license and the health and safety of children are at risk; however, no civil penalty<\/span> shall be imposed pursuant to this subdivision on any child day program<\/span> or family day system<\/span> operated by an agency of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Require licensees to contact parents<\/span><\/span>, guardians, or other responsible persons in writing regarding health and safety violations; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Prevent licensees who are substantially out of compliance with the licensure terms or in violation of the regulations from receiving public funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> shall adopt regulations to implement the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT AND SANCTIONS; SPECIAL ORDERS; CIVIL PENALTIES (\u00a7 22.1-289.023)\n\nA. Notwithstanding any other provision of law, following a proceeding as\nprovided in § 2.2-4019, the Superintendent may issue a special order (i)\nfor violation of any of the provisions of this chapter, § 54.1-3408, or any\nregulation adopted under any provision of this chapter which violation adversely\naffects, or is an imminent and substantial threat to, the health, safety, or\nwelfare of the person cared for therein, or (ii) for permitting, aiding, or\nabetting the commission of any illegal act in a child day program or family day\nsystem. Notice of the Superintendent’s intent to take any of the actions\nenumerated in subdivisions B 1 through 6 shall be provided by the Department,\nand a copy of such notice shall be posted in a prominent place at each public\nentrance of the licensed premises to advise consumers of serious or persistent\nviolations. The issuance of a special order shall be considered a case decision\nas defined in § 2.2-4001. Actions set forth in subsection B may be appealed\nby (a) a child day program or family day system operated by an agency of the\nCommonwealth in accordance with § 22.1-289.025 or (b) any other child day\nprogram or family day system in accordance with the Administrative Process Act\n(§ 2.2-4000 et seq.). The Superintendent shall not delegate his authority\nto impose civil penalties in conjunction with the issuance of special orders.\n\nB. The Superintendent may take the following actions regarding child day\nprograms and family day systems through the issuance of a special order and may\nrequire a copy of the special order provided by the Department to be posted in a\nprominent place at each public entrance of the licensed premises to advise\nconsumers of serious or persistent violations:\n\n 1. Place a licensee on probation upon finding that the licensee is\n substantially out of compliance with the terms of its license and that the\n health and safety of children are at risk;\n\n 2. Reduce licensed capacity or prohibit new admissions when the Superintendent\n concludes that the licensee cannot make necessary corrections to achieve\n compliance with regulations except by a temporary restriction of its scope of\n service;\n\n 3. Mandate training for the licensee or licensee’s employees, with any\n costs to be borne by the licensee, when the Superintendent concludes that the\n lack of such training has led directly to violations of regulations;\n\n 4. Assess civil penalties of not more than $500 per inspection upon finding\n that the child day program or family day system is substantially out of\n compliance with the terms of its license and the health and safety of children\n are at risk; however, no civil penalty shall be imposed pursuant to this\n subdivision on any child day program or family day system operated by an\n agency of the Commonwealth;\n\n 5. Require licensees to contact parents, guardians, or other responsible\n persons in writing regarding health and safety violations; and\n\n 6. Prevent licensees who are substantially out of compliance with the\n licensure terms or in violation of the regulations from receiving public\n funds.\n\nC. The Board shall adopt regulations to implement the provisions of this\nsection.\n\nHISTORY: 2020, cc. 860, 861.","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}}