                                 CODE OF VIRGINIA

VOLUNTARY REGISTRATION OF FAMILY DAY HOMES; INSPECTIONS; INVESTIGATION UPON
RECEIPT OF COMPLAINT; REVOCATION OR SUSPENSION OF REGISTRATION (§ 22.1-289.015)

A. Any person who maintains a family day home serving fewer than five children,
exclusive of the provider&#8217;s own children and any children who reside in
the home, may apply for voluntary registration. An applicant for voluntary
registration shall file with the Superintendent, prior to beginning any such
operation and thereafter biennially, an application which shall include, but not
be limited to, the following:

   1. The name, address, phone number, and social security number of the person
   maintaining the family day home;

   2. The number and ages of the children to receive care;

   3. A sworn statement or affirmation in which the applicant attests to the
   accuracy of the information submitted to the Superintendent; and

   4. Documentation that the background check requirements for registered family
   day homes in Article 5 (&#xA7; 22.1-289.034 et seq.) have been met.

B. The Board shall adopt regulations for voluntarily registered family day homes
that include, but are not limited to:

   1. The criteria and process for the approval of the certificate of
   registration;

   2. Requirements for a self-administered health and safety guidelines
   evaluation checklist;

   3. A schedule for fees to be paid by the providers to the contract
   organization or to the Department if it implements the provisions of this
   section for processing applications for the voluntary registration of family
   day homes. The charges collected shall be maintained for the purpose of
   recovering administrative costs incurred in processing applications and
   certifying such homes as eligible or registered;

   4. The criteria and process for the renewal of the certificate of
   registration; and

   5. The requirement that upon receipt of a complaint concerning a registered
   family day home, the Superintendent shall cause an investigation to be made,
   including on-site visits as he deems necessary, of the activities, services,
   and facilities. The person who maintains such home shall afford the
   Superintendent reasonable opportunity to inspect the operator&#8217;s
   facilities and records and to interview any employees and any child or other
   person within his custody or control. Whenever a registered family day home is
   determined by the Superintendent to be in noncompliance with the regulations
   for voluntarily registered family day homes, the Superintendent shall give
   reasonable notice to the operator of the nature of the noncompliance and may
   thereafter revoke or suspend the registration.

C. Upon receiving the application on forms prescribed by the Superintendent, and
after having determined that the home has satisfied the requirements of the
regulations for voluntarily registered family day homes, the Superintendent
shall issue a certificate of registration to the family day home.

D. The Superintendent shall contract in accordance with the requirements of the
Virginia Public Procurement Act (&#xA7; 2.2-4300 et seq.) with qualified local
agencies and community organizations to review applications and certify family
day homes as eligible for registration, pursuant to the regulations for
voluntarily registered family day homes. If no qualified local agencies or
community organizations are available, the Superintendent shall implement the
provisions of this section. For the purposes of this subsection,
&#8220;qualified&#8221; means demonstrated ability to provide sound financial
management and administrative services including application processing,
maintenance of records and reports, technical assistance, consultation,
training, monitoring, and random inspections.

E. The scope of services in contracts shall include:

   1. The identification of family day homes which may meet the standards for
   voluntary registration provided in subsection A; and

   2. A requirement that the contract organization shall provide administrative
   services, including, but not limited to, processing applications for the
   voluntary registration of family day homes; certifying such homes as eligible
   for registration; providing technical assistance, training and consultation
   with family day homes; ensuring providers&#8217; compliance with the
   regulations for voluntarily registered family day homes, including monitoring
   and random inspections; and maintaining permanent records regarding all family
   day homes which it may certify as eligible for registration.

F. The contract organization, upon determining that a family day home has
satisfied the requirements of the regulations for voluntarily registered family
day homes, shall certify the home as eligible for registration on forms
prescribed by the Superintendent. The Superintendent, upon determining that
certification has been properly issued, may register the family day home.

G. The provisions of this section shall not apply to any family day home located
in a county, city, or town in which the governing body provides by ordinance for
the regulation and licensing of persons who provide child-care services for
compensation and for the regulation and licensing of child-care facilities
pursuant to the provisions of &#xA7; 15.2-914.

HISTORY: 2020, cc. 860, 861.