HB1306: Family day homes; voluntary listing of certain homes.
HOUSE BILL NO. 1306
Be it enacted by the General Assembly of Virginia:
1. That § 63.2-1704, as it shall become effective, of the Code of Virginia is amended and reenacted as follows:
§ 63.2-1704. (Effective July 1, 2016) Voluntary registration of family day homes; inspections; investigation upon receipt of complaint; revocation or suspension of registration.
A. Any person who maintains a family day home serving fewer
than five children, exclusive of the provider's own children and any children
who reside in the home, may apply for
voluntary registration to
be included on a list of family day homes maintained
by the Department. An applicant for voluntary registration inclusion on such
list shall file with the Commissioner, 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 Commissioner; and
4. Documentation that the applicant
has undergone a background check requirements
for registered child welfare agencies in Article 3 (§
63.2-1719 et seq.) have been met described
in § 63.2-1720.
B. The Board shall adopt regulations for voluntarily
registered voluntary
inclusion of family day homes
that apply for inclusion on a list of family day homes
maintained by the Department in accordance with subsection A, which shall include, but are not limited to:
1. The criteria and process for the
approval of the certificate of registration voluntary inclusion on
the list;
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 inclusion on a list
of family day homes maintained
by the Department pursuant to
subsection A. 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 for voluntary inclusion
on the list; and
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 voluntarily
included on the list of family day homes maintained
by the Department pursuant to
subsection A, 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 that is voluntarily
included on the list of family day homes maintained
by the Department is determined
by the Commissioner to be in noncompliance with the regulations for voluntarily registered listed
family day homes, the Commissioner shall give reasonable notice to the operator
of the nature of the noncompliance and may thereafter revoke or suspend the registration inclusion of the
family day home on such list.
C. Upon receiving the application on forms prescribed by the
Commissioner, and after having determined that the home has satisfied the
requirements of the regulations for voluntarily registered voluntary inclusion
on a list of family day homes maintained by the Department in accordance with
subsection A, the Commissioner shall issue
a certificate of registration to include
the family day home on such list.
D. The Commissioner shall contract in accordance with the
requirements of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) with
qualified local agencies and community organizations to review applications and certify approve
family day homes as eligible for registration inclusion on the list
maintained by the Department, pursuant to the regulations
for voluntarily registered listing
family day homes. If no qualified local agencies or community organizations are
available, the Commissioner shall implement the provisions of this section.
"Qualified" 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 that may meet the standards
for voluntary registration provided
in inclusion
on the list of family day homes maintained by the Department pursuant to
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 listing
of family day homes; certifying such homes as eligible for
registration inclusion on the
list; providing technical assistance, training, and consultation with family
day homes; ensuring providers' compliance with the regulations for voluntarily registered family
day homes voluntarily included in the list of family
day homes maintained by the Department,
including monitoring and random inspections; and maintaining permanent records
regarding all family day homes which it may certify as eligible for registration voluntary inclusion
on the list.
F. The contract organization, upon determining that a family
day home has satisfied the requirements of the regulations for voluntarily registered voluntary listing of
family day homes, shall certify the home as eligible for registration voluntary inclusion
on the list on forms prescribed by the Commissioner. The
Commissioner, upon determining that certification has been properly issued, may register include
the family day home on the list
maintained by the Department pursuant to subsection A.
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 § 15.2-914.