                                 CODE OF VIRGINIA

ENFORCEMENT AND SANCTIONS; SPECIAL ORDERS; CIVIL PENALTIES (§ 22.1-289.023)

A. Notwithstanding any other provision of law, following a proceeding as
provided in &#xA7; 2.2-4019, the Superintendent may issue a special order (i)
for violation of any of the provisions of this chapter, &#xA7; 54.1-3408, or any
regulation adopted under any provision of this chapter which violation adversely
affects, or is an imminent and substantial threat to, the health, safety, or
welfare of the person cared for therein, or (ii) for permitting, aiding, or
abetting the commission of any illegal act in a child day program or family day
system. Notice of the Superintendent&#8217;s intent to take any of the actions
enumerated in subdivisions B 1 through 6 shall be provided by the Department,
and a copy of such notice shall be posted in a prominent place at each public
entrance of the licensed premises to advise consumers of serious or persistent
violations. The issuance of a special order shall be considered a case decision
as defined in &#xA7; 2.2-4001. Actions set forth in subsection B may be appealed
by (a) a child day program or family day system operated by an agency of the
Commonwealth in accordance with &#xA7; 22.1-289.025 or (b) any other child day
program or family day system in accordance with the Administrative Process Act
(&#xA7; 2.2-4000 et seq.). The Superintendent shall not delegate his authority
to impose civil penalties in conjunction with the issuance of special orders.

B. The Superintendent may take the following actions regarding child day
programs and family day systems through the issuance of a special order and may
require a copy of the special order provided by the Department to be posted in a
prominent place at each public entrance of the licensed premises to advise
consumers of serious or persistent violations:

   1. Place a licensee on probation upon finding that the licensee is
   substantially out of compliance with the terms of its license and that the
   health and safety of children are at risk;

   2. Reduce licensed capacity or prohibit new admissions when the Superintendent
   concludes that the licensee cannot make necessary corrections to achieve
   compliance with regulations except by a temporary restriction of its scope of
   service;

   3. Mandate training for the licensee or licensee&#8217;s employees, with any
   costs to be borne by the licensee, when the Superintendent concludes that the
   lack of such training has led directly to violations of regulations;

   4. Assess civil penalties of not more than $500 per inspection upon finding
   that the child day program or family day system is substantially out of
   compliance with the terms of its license and the health and safety of children
   are at risk; however, no civil penalty shall be imposed pursuant to this
   subdivision on any child day program or family day system operated by an
   agency of the Commonwealth;

   5. Require licensees to contact parents, guardians, or other responsible
   persons in writing regarding health and safety violations; and

   6. Prevent licensees who are substantially out of compliance with the
   licensure terms or in violation of the regulations from receiving public
   funds.

C. The Board shall adopt regulations to implement the provisions of this
section.

HISTORY: 2020, cc. 860, 861.