                                 CODE OF VIRGINIA

REGULATION OF CHILD-CARE SERVICES AND FACILITIES IN CITIES AND CERTAIN COUNTIES
(§ 15.2-914)

Any (i) county that has adopted the urban county executive form of government or
(ii) city may by ordinance provide for the regulation and licensing of persons
who provide child-care services for compensation and for the regulation and
licensing of child-care facilities. &#8220;Child-care services&#8221; means
provision of regular care, protection and guidance to one or more children not
related by blood or marriage while such children are separated from their
parent, guardian or legal custodian in a dwelling not the residence of the child
during a part of the day for at least four days of a calendar week.
&#8220;Child-care facilities&#8221; includes any commercial or residential
structure that is used to provide child-care services.
		Such local ordinance shall not require the regulation or licensing of any
child-care facility that is licensed by the Commonwealth and such ordinance
shall not require the regulation or licensing of any facility operated by a
religious institution as exempted from licensure by § 22.1-289.031.
		Except as otherwise provided in this section, such local ordinances shall not
be more extensive in scope than comparable state regulations applicable to
family day homes. Such local ordinances may regulate the possession and storage
of firearms, ammunition, or components or combination thereof at child-care
facilities and may be more extensive in scope than comparable state statutes or
regulations applicable to family day homes. Local regulations shall not affect
the manner of construction or materials to be used in the erection, alteration,
repair or use of a residential dwelling.
		Such local ordinances may require that persons who provide child-care services
shall provide certification from the Central Criminal Records Exchange and a
national criminal background check, in accordance with §§ 19.2-389 and
19.2-392.02, that such persons have not been convicted of any offense involving
the sexual molestation of children or the physical or sexual abuse or rape of a
child or any barrier crime defined in § 19.2-392.02, and such ordinances may
require that persons who provide child-care services shall provide certification
from the central registry of the Department of Social Services that such persons
have not been the subject of a founded complaint of abuse or neglect. If an
applicant is denied licensure because of any adverse information appearing on a
record obtained from the Central Criminal Records Exchange, the national
criminal background check, or the Department of Social Services, the applicant
shall be provided a copy of the information upon which that denial was based.

HISTORY: 1990, cc. 605, 609, § 15.1-37.3:12; 1997, c. 587; 2010, c. 649; 2011,
c. 251; 2017, c. 809; 2020, cc. 860, 861, 910, 911; 2021, Sp. Sess. I, c. 479.