                                 CODE OF VIRGINIA

DEFINITIONS (§ 22.1-289.02)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Child day center&#8221; means a child day program 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.
		&#8220;Child day program&#8221; means a regularly operating service
arrangement for children where, during the absence of a parent 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.
		&#8220;Early childhood care and education entity&#8221; means a child day
center, family day home, or family day system serving children under the age of
five.
		&#8220;Family day home&#8221; means a child day program 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&#8217;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 registered family
day home shall disclose to the parents or guardians of children in their care
the percentage of time per week that persons other than the provider will care
for the children. Family day homes serving five through 12 children, exclusive
of the provider&#8217;s own children and any children who reside in the home,
shall be licensed. However, no family day home shall care for more than four
children under the age of two, including the provider&#8217;s own children and
any children who reside in the home, unless the family day home is licensed or
voluntarily registered. However, a family day home where the children in care
are all related to the provider by blood or marriage shall not be required to be
licensed.
		&#8220;Family day system&#8221; means any person who approves family day homes
as members of its system; who refers children to available family day homes 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.
		&#8220;Head Start provider&#8221; 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. § 7801, to which a grantee has delegated
all or part of the responsibility of the grantee for operating a Head Start
program.
		&#8220;Out-of-school time program&#8221; 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.
		&#8220;Publicly funded provider&#8221; means any (i) educational program
provided by a school division or local government to children between birth and
age five or (ii) child day program that receives state or federal funds in
support of its operations that serves three or more unrelated children.
&#8220;Publicly funded provider&#8221; 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. Department of Agriculture Food and
Nutrition Service (b) financial assistance for military child care pursuant to
10 U.S.C. § 1798 and that is accredited by a U.S. Department of
Defense-approved national accrediting body.  Any program described in clause (b)
shall subsequently be considered a publicly funded provider if each child for
whom such program receives such financial assistance for military child care
either disenrolls from or ages out of such program.
		&#8220;Registered family day home&#8221; means any family day home that has
met the standards for voluntary registration for such homes pursuant to
regulations adopted by the Board and that has obtained a certificate of
registration from the Superintendent.

HISTORY: 2020, cc. 860, 861; 2025, cc. 187, 328.