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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83341</law_id><section_number>22.1-289.02</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-2292</reference><reference>15.2-912.4</reference><reference>18.2-255.2</reference><reference>18.2-308.1</reference><reference>18.2-370.2</reference><reference>18.2-370.3</reference><reference>18.2-371.1</reference><reference>19.2-389</reference><reference>19.2-70.3</reference><reference>2.2-3705.5</reference><reference>2.2-3905</reference><reference>22.1-289.030</reference><reference>22.1-296.3</reference><reference>54.1-3005</reference><reference>54.1-3408</reference><reference>59.1-548</reference><reference>63.2-1509</reference><reference>63.2-1515</reference><reference>63.2-603</reference><reference>9.1-914</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="22.1">Education</unit><unit label="chapter" level="2" order_by="1" identifier="14.1">Early Childhood Care and Education</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Child day center</span>&#x201D; means a <span class="dictionary">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.
		&#x201C;<span class="dictionary">Child day program</span>&#x201D; means a regularly operating service arrangement for children where, during the absence of a <span class="dictionary">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.
		&#x201C;<span class="dictionary">Early childhood care and education entity</span>&#x201D; means a <span class="dictionary">child day center</span>, <span class="dictionary">family day home</span>, or <span class="dictionary">family day system</span> serving children under the age of five.
		&#x201C;<span class="dictionary">Family day home</span>&#x201D; means a <span class="dictionary">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&#x2019;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 <span class="dictionary">registered <span class="dictionary">family day home</span></span> shall disclose to the <span class="dictionary"><span class="dictionary">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. <span class="dictionary">Family day homes</span> serving five through 12 children, exclusive of the provider&#x2019;s own children and any children who reside in the home, shall be licensed. However, no <span class="dictionary">family day home</span> shall care for more than four children under the age of two, including the provider&#x2019;s own children and any children who reside in the home, unless the <span class="dictionary">family day home</span> is licensed or voluntarily registered. However, a <span class="dictionary">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.
		&#x201C;<span class="dictionary">Family day system</span>&#x201D; means any person who approves <span class="dictionary">family day homes</span> as members of its system; who refers children to available <span class="dictionary">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.
		&#x201C;<span class="dictionary">Head Start provider</span>&#x201D; 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. &#xA7;&#xA0;7801, to which a grantee has delegated all or part of the responsibility of the grantee for operating a Head Start program.
		&#x201C;<span class="dictionary">Out-of-school time program</span>&#x201D; 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.
		&#x201C;<span class="dictionary">Publicly funded provider</span>&#x201D; means any (i) educational program provided by a school division or local government to children between birth and age five or (ii) <span class="dictionary">child day program</span> that receives state or federal funds in support of its operations that serves three or more unrelated children. &#x201C;<span class="dictionary">Publicly funded provider</span>&#x201D; 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. <span class="dictionary">Department</span> of Agriculture Food and Nutrition Service (b) financial assistance for military child care pursuant to 10 U.S.C. &#xA7;&#xA0;1798 and that is accredited by a U.S. <span class="dictionary">Department</span> of Defense-approved national accrediting body.  Any program described in clause (b) shall subsequently be considered a <span class="dictionary">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.
		&#x201C;<span class="dictionary">Registered <span class="dictionary">family day home</span></span>&#x201D; means any <span class="dictionary">family day home</span> that has met the standards for voluntary registration for such homes pursuant to regulations adopted by the <span class="dictionary">Board</span> and that has obtained a certificate of registration from the <span class="dictionary">Superintendent</span>.</p></section></text><history>2020, cc. 860, 861; 2025, cc. 187, 328.</history><metadata></metadata></law>
