{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.049.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.049.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.049.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.049.html"}],"law_id":54594,"edition_id":1,"section_id":54594,"structure_id":13625,"section_number":"22.1-289.049","catch_line":"Regulated child day programs to require proof of child identity and age; report to law-enforcement agencies","history":"2020, cc. 860, 861.","full_text":"A\n\nUpon enrollment of a child in a regulated child day program, such child day program shall require information from the person enrolling the child regarding previous child day care and schools attended by the child. The regulated child day program shall also require that the person enrolling the child present the regulated child day program with the proof of the child’s identity and age. The proof of identity, if reproduced or retained by the child day program or both, shall be destroyed upon the conclusion of the requisite period of retention. 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 (i) shredding, (ii) erasing, or (iii) otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means.B\n\nFor purposes of this section:\n\t\t\t“Proof of identity” means a certified copy of a birth certificate or other reliable proof of the child’s identity and age.\n\t\t\t“Regulated child day program” is one in which 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 that is licensed pursuant to § 22.1-289.011, voluntarily registered pursuant to § 22.1-289.015, certified as a preschool or nursery school program pursuant to § 22.1-289.032, exempted from licensure as a child day center operated by a religious institution pursuant to § 22.1-289.031, or approved as a family day home by a licensed family day system.C\n\nIf the parent, guardian, or other person enrolling the child in a regulated child day program for longer than two consecutive days or other pattern of regular attendance does not provide the information required by subsection A within seven business days of initial attendance, such child day program shall immediately notify the local law-enforcement agency in its jurisdiction of such failure to provide the requested information.D\n\nUpon receiving notification of such failure to provide the information required by subsection A, the law-enforcement agency shall, if available information warrants, immediately submit an inquiry to the Missing Children Information Clearinghouse and, with the assistance of the local department of social services, if available information warrants, conduct the appropriate investigation to determine whether the child is missing.E\n\nThe Board shall adopt regulations to implement the provisions of this section.","order_by":null,"text":{"0":{"id":200454,"text":"Upon enrollment of a child in a regulated child day program, such child day program shall require information from the person enrolling the child regarding previous child day care and schools attended by the child. The regulated child day program shall also require that the person enrolling the child present the regulated child day program with the proof of the child’s identity and age. The proof of identity, if reproduced or retained by the child day program or both, shall be destroyed upon the conclusion of the requisite period of retention. 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 (i) shredding, (ii) erasing, or (iii) otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200455,"text":"For purposes of this section:\n\t\t\t“Proof of identity” means a certified copy of a birth certificate or other reliable proof of the child’s identity and age.\n\t\t\t“Regulated child day program” is one in which 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 that is licensed pursuant to § 22.1-289.011, voluntarily registered pursuant to § 22.1-289.015, certified as a preschool or nursery school program pursuant to § 22.1-289.032, exempted from licensure as a child day center operated by a religious institution pursuant to § 22.1-289.031, or approved as a family day home by a licensed family day system.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":200456,"text":"If the parent, guardian, or other person enrolling the child in a regulated child day program for longer than two consecutive days or other pattern of regular attendance does not provide the information required by subsection A within seven business days of initial attendance, such child day program shall immediately notify the local law-enforcement agency in its jurisdiction of such failure to provide the requested information.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":200457,"text":"Upon receiving notification of such failure to provide the information required by subsection A, the law-enforcement agency shall, if available information warrants, immediately submit an inquiry to the Missing Children Information Clearinghouse and, with the assistance of the local department of social services, if available information warrants, conduct the appropriate investigation to determine whether the child is missing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":200458,"text":"The Board shall adopt regulations to implement the provisions of this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13625,"edition_id":1,"name":"Facilities and Programs","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":13624,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":182821,"object_type":"structure","relational_id":13625,"identifier":"8","token":"22.1\/14.1\/8","url":"\/22.1\/14.1\/8\/","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":54594,"structure_id":13625,"section_number":"22.1-289.049","catch_line":"Regulated child day programs to require proof of child identity and age; report to law-enforcement agencies","url":"\/22.1-289.049\/","token":"22.1\/14.1\/8\/22.1-289.049","metadata":false},{"id":61485,"structure_id":13625,"section_number":"22.1-289.050","catch_line":"Insurance notice requirements for family day homes; civil penalty","url":"\/22.1-289.050\/","token":"22.1\/14.1\/8\/22.1-289.050","metadata":false},{"id":70405,"structure_id":13625,"section_number":"22.1-289.051","catch_line":"Dual licenses for certain child day centers","url":"\/22.1-289.051\/","token":"22.1\/14.1\/8\/22.1-289.051","metadata":false},{"id":86948,"structure_id":13625,"section_number":"22.1-289.052","catch_line":"Asbestos inspection required for child day centers","url":"\/22.1-289.052\/","token":"22.1\/14.1\/8\/22.1-289.052","metadata":false},{"id":87303,"structure_id":13625,"section_number":"22.1-289.053","catch_line":"Delay in acting on application or in notification","url":"\/22.1-289.053\/","token":"22.1\/14.1\/8\/22.1-289.053","metadata":false},{"id":68897,"structure_id":13625,"section_number":"22.1-289.054","catch_line":"Visitation by parents or guardians in child day programs","url":"\/22.1-289.054\/","token":"22.1\/14.1\/8\/22.1-289.054","metadata":false},{"id":63553,"structure_id":13625,"section_number":"22.1-289.055","catch_line":"Public funds to be withheld for serious or persistent violations","url":"\/22.1-289.055\/","token":"22.1\/14.1\/8\/22.1-289.055","metadata":false},{"id":87270,"structure_id":13625,"section_number":"22.1-289.055:1","catch_line":"Programs offered at certain residential private school","url":"\/22.1-289.055_1\/","token":"22.1\/14.1\/8\/22.1-289.055_1","metadata":false},{"id":62352,"structure_id":13625,"section_number":"22.1-289.056","catch_line":"Storage of firearms in certain family day homes","url":"\/22.1-289.056\/","token":"22.1\/14.1\/8\/22.1-289.056","metadata":false},{"id":64291,"structure_id":13625,"section_number":"22.1-289.057","catch_line":"Child day programs and certain other programs; potable water; lead testing","url":"\/22.1-289.057\/","token":"22.1\/14.1\/8\/22.1-289.057","metadata":false},{"id":67723,"structure_id":13625,"section_number":"22.1-289.058","catch_line":"Child day programs and certain other programs; carbon monoxide detectors","url":"\/22.1-289.058\/","token":"22.1\/14.1\/8\/22.1-289.058","metadata":false},{"id":77450,"structure_id":13625,"section_number":"22.1-289.059","catch_line":"Possession and administration of an appropriate weight-based dosage of epinephrine by employees","url":"\/22.1-289.059\/","token":"22.1\/14.1\/8\/22.1-289.059","metadata":false}],"next_section":{"id":61485,"structure_id":13625,"section_number":"22.1-289.050","catch_line":"Insurance notice requirements for family day homes; civil penalty","url":"\/22.1-289.050\/","token":"22.1\/14.1\/8\/22.1-289.050","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.049\/","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":55674,"section_number":"22.1-289.011","catch_line":"Licenses required; issuance, expiration, and renewal; maximum number of participants or children; posting of licenses","order_by":null,"url":"\/22.1-289.011\/"},{"id":86017,"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","order_by":null,"url":"\/22.1-289.015\/"},{"id":77926,"section_number":"22.1-289.031","catch_line":"Child day center operated by religious institution exempt from licensure; annual statement and documentary evidence required; enforcement; injunctive relief","order_by":null,"url":"\/22.1-289.031\/"},{"id":74230,"section_number":"22.1-289.032","catch_line":"Certification of preschool or nursery school programs operated by accredited private schools; provisional certification; annual statement and documentary evidence required; enforcement; injunctive relief","order_by":null,"url":"\/22.1-289.032\/"}],"permalink":{"id":182823,"object_type":"law","relational_id":54594,"identifier":"22.1-289.049","token":"22.1\/14.1\/8\/22.1-289.049","url":"\/22.1-289.049\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.049\/","token":"22.1\/14.1\/8\/22.1-289.049","dublin_core":{"Title":"Regulated child day programs to require proof of child identity and age; report to law-enforcement agencies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.049","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon enrollment of a child in a regulated child day program<\/span>, such child day program<\/span> shall require information from the person enrolling the child regarding previous child day care and schools attended by the child. The regulated child day program<\/span> shall also require that the person enrolling the child present the regulated child day program<\/span> with the proof of the child’s identity and age. The proof of identity<\/span>, if reproduced or retained by the child day program<\/span> or both, shall be destroyed upon the conclusion of the requisite period of retention. The procedures for the disposal, physical destruction, or other disposition<\/span> of the proof of identity<\/span> containing social security numbers shall include all reasonable steps to destroy such documents by (i) shredding, (ii) erasing, or (iii) otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of this section:\n\t\t\t“Proof of identity<\/span>” means a certified copy of a birth certificate or other reliable proof of the child’s identity and age.\n\t\t\t“Regulated child day program<\/span>” is one in which 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 that is licensed pursuant to § 22.1-289.011<\/a>, voluntarily registered pursuant to § 22.1-289.015<\/a>, certified as a preschool or nursery school program pursuant to § 22.1-289.032<\/a>, exempted from licensure as a child day center<\/span> operated by a religious institution pursuant to § 22.1-289.031<\/a>, or approved as a family day home<\/span> by a licensed family day system<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the parent<\/span>, guardian, or other person enrolling the child in a regulated child day program<\/span> for longer than two consecutive days or other pattern of regular attendance does not provide the information required by subsection A within seven business days of initial attendance, such child day program<\/span> shall immediately notify the local law<\/span>-enforcement agency in its jurisdiction<\/span> of such failure to provide the requested information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon receiving notification of such failure to provide the information required by subsection A, the law<\/span>-enforcement agency shall, if available information warrants, immediately submit an inquiry to the Missing Children Information Clearinghouse and, with the assistance of the local department<\/span> of social services, if available information warrants, conduct the appropriate investigation to determine whether the child is missing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> shall adopt regulations to implement the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGULATED CHILD DAY PROGRAMS TO REQUIRE PROOF OF CHILD IDENTITY AND AGE; REPORT\nTO LAW-ENFORCEMENT AGENCIES (\u00a7 22.1-289.049)\n\nA. Upon enrollment of a child in a regulated child day program, such child day\nprogram shall require information from the person enrolling the child regarding\nprevious child day care and schools attended by the child. The regulated child\nday program shall also require that the person enrolling the child present the\nregulated child day program with the proof of the child’s identity and\nage. The proof of identity, if reproduced or retained by the child day program\nor both, shall be destroyed upon the conclusion of the requisite period of\nretention. The procedures for the disposal, physical destruction, or other\ndisposition of the proof of identity containing social security numbers shall\ninclude all reasonable steps to destroy such documents by (i) shredding, (ii)\nerasing, or (iii) otherwise modifying the social security numbers in those\nrecords to make them unreadable or indecipherable by any means.\n\nB. For purposes of this section:\n\t\t\t“Proof of identity” means a certified copy of a birth certificate\nor other reliable proof of the child’s identity and age.\n\t\t\t“Regulated child day program” is one in which a person or\norganization 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 that is licensed pursuant to § 22.1-289.011, voluntarily\nregistered pursuant to § 22.1-289.015, certified as a preschool or nursery\nschool program pursuant to § 22.1-289.032, exempted from licensure as a\nchild day center operated by a religious institution pursuant to §\n22.1-289.031, or approved as a family day home by a licensed family day system.\n\nC. If the parent, guardian, or other person enrolling the child in a regulated\nchild day program for longer than two consecutive days or other pattern of\nregular attendance does not provide the information required by subsection A\nwithin seven business days of initial attendance, such child day program shall\nimmediately notify the local law-enforcement agency in its jurisdiction of such\nfailure to provide the requested information.\n\nD. Upon receiving notification of such failure to provide the information\nrequired by subsection A, the law-enforcement agency shall, if available\ninformation warrants, immediately submit an inquiry to the Missing Children\nInformation Clearinghouse and, with the assistance of the local department of\nsocial services, if available information warrants, conduct the appropriate\ninvestigation to determine whether the child is missing.\n\nE. 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}}