§ 63.2-1704. Voluntary registration of family day homes; inspections; investigation upon receipt of complaint; r...
A. Any person who maintains a family day home serving fewer than six children, exclusive of the provider's own children and any children who reside in the home, may apply for voluntary registration. An applicant shall file with the Commissioner, prior to beginning any such operation and thereafter biennially, a statement 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 Commissioner;
4. Documentation that the background check requirements for registered child welfare agencies in Article 3 (§ 63.2-1719 et seq.) of this chapter have been met; and
5. Documentation that the home has met the requirements of a self-administered health and safety guidelines evaluation checklist adopted by the Board.
Upon receiving such information on prescribed forms, and after having determined that the home has satisfied the standards for voluntary registration, the Commissioner shall issue a certificate of registration to the family day home.
B. The Commissioner shall contract with qualified local agencies and community organizations to certify family day homes as eligible for registration, pursuant to Board regulations. If no qualified local agencies or community organizations are available, the Commissioner shall implement the provisions of this section. Upon receipt of an application of a qualified local agency or community organization to certify family day homes as eligible for registration, the Commissioner shall cause an investigation to be made of the applicant's activities, services, facilities, and financial responsibility, of the character and reputation of the officers and agents of the applicant, and of its compliance with requirements established for the issuance of such contracts.
C. The Board shall adopt regulations to implement the provisions of this section. Such regulations shall provide guidelines for the following:
1. The identification of family day homes which may meet the standards for voluntary registration provided in subsection A;
2. The establishment of qualifications for local agencies and community organizations to which a contract may be issued by the Commissioner for the certification of family day homes as eligible for registration, and standards for the purpose of ensuring compliance with the standards and requirements of the contract, including monitoring and random inspections;
3. The establishment of standards and requirements for contracts issued by the Commissioner to qualified local agencies and community organizations, upon review of the Board, for the certification of family day homes as eligible for registration;
4. 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, and maintaining permanent records regarding all family day homes which it may certify as eligible for registration;
5. The establishment of requirements for a self-administered health and safety guidelines evaluation checklist;
6. The criteria and process for the renewal of the certificate of registration; and
7. A schedule for charges to be made by the contract organization or by 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 as eligible or registering such homes.
D. The contract organization, upon determining that a family day home has satisfied the standards for voluntary registration, shall certify the home as eligible for registration on forms prescribed by the Commissioner. The Commissioner, upon determining that certification has been properly issued, may register the family day home.
E. 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 § 15.2-914.
F. Upon receipt of a complaint concerning a registered family day home, the Commissioner 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 Commissioner reasonable opportunity to inspect the operator'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 Commissioner to be in noncompliance with the standards for voluntary registration, the Commissioner shall give reasonable notice to the operator of the nature of the noncompliance and may thereafter revoke or suspend the registration.
(1991, c. 595, § 63.1-196.04; 1992, c. 746; 1993, cc. 730, 742; 2002, c. 747.)Sections: Previous 63.2-1700 63.2-1701 63.2-1702 63.2-1703 63.2-1704 63.2-1705 63.2-1706 63.2-1707 63.2-1708 63.2-1709 63.2-1709.1 63.2-1709.2 63.2-1710 63.2-1711 63.2-1712 Next
Last modified: April 16, 2009