Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 810 - MINIMUM STANDARD FOR LICENSED FAMILY DAY SYSTEMS › Section 8VAC20-810-10 - Definitions; license provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Chapter 14.1, Article 3 (§
									22.1-289.010
				et seq.) of Title 22.1 of the Code of Virginia sets forth the responsibility of
				the Department of Education for licensure of family day systems, including the
				authority and responsibility of the State Board of Education for the
				development of regulations containing minimum standards and requirements.
It is a misdemeanor to operate a family day system without a
				  license. (§
										22.1-289.022
				  of the Code of Virginia)
B.
				Definitions. The following words and terms, when used in this chapter, shall
				have the following meanings unless the context clearly indicates otherwise:
"Abused or neglected child" (see §
										63.2-100
				  of the Code of Virginia) means any child younger than 18 years of age whose
				  parents or other persons responsible for his care:
a. Create or inflict, threaten to create or
				inflict, or allow to be created or inflicted a physical or mental injury by
				other than accidental means, or create a substantial risk of death,
				disfigurement, or impairment of bodily or mental functions;
b. Neglect or refuse to provide care
				necessary for the child's health, unless the child is, in good faith, under
				treatment solely by spiritual means through prayer, according to the practice
				of a recognized church or denomination;
c. Abandon the child;
d. Commit or allow to be committed any sexual
				act upon a child in violation of the law.
"Child" means any person younger than 18 years of age.
"Complaint" means an accusation received either orally or in
				  writing that:
a. A licensed family day
				system is not in compliance with one or more of these standards or one or more
				statutory requirements;
b. A family
				day-care home is not in compliance with one or more applicable requirements of
				these standards or one or more requirements as established by the family day
				system; or
c. A child or children
				in the care of a family day-care home, which is a member of a licensed family
				day system, is or are being abused or neglected.
"Day care" means care, protection, and guidance provided to a
				  child or group of children separated from their parents or guardian for less
				  than 24 hours per day at a location other than the home of the parents or
				  guardian.
"Day-care provider" means an individual who, by contract with
				  a family day system, provides day care in his home.
"Department" means the Virginia Department of
				  Education.
"Department representative" means an employee of the
				  department, acting as the authorized agent of the superintendent in carrying
				  out the responsibilities and duties specified in Chapter 14.1, Article 3
				  (§
											22.1-289.010
				  et seq.) of Title 22.1 of the Code of Virginia.
"Director" means the licensee or a person designated by the
				  licensee who oversees the day-to-day operation of the system, including
				  compliance with all minimum standards for licensed family day systems.
"Family day system" means any person who approves family
				  day-care homes as members of its system; who refers children to available
				  family day-care homes in that system; and who through contractual arrangement
				  may provide central administrative functions, including training of operators
				  of family day-care homes; technical assistance and consultation to operators of
				  family day-care homes; inspection, supervision, monitoring, and evaluation of
				  family day-care homes; and referral of children to available health and social
				  services. (§
											22.1-289.02
				  of the Code of Virginia)
"Family day-care home" means any private family home, which
				  is an approved member of a family day system and receives nine or fewer
				  children for care, protection, and guidance during any part of the 24-hour day
				  except children who are related by blood or marriage to the person who
				  maintains the home. Family day-care homes that are members of a licensed
				  day-care system and are approved by that system to care for five or more
				  children are not subject to direct licensure by the department. (§
											63.2-100
				  of the Code of Virginia)
"Licensee" means any person, association, partnership, or
				  corporation to whom the license is issued.
"Person" means any individual; corporation; partnership;
				  association; limited liability company; local government; state agency,
				  including any department, institution, authority, instrumentality, board, or
				  other administrative agency of the Commonwealth; or other legal or commercial
				  entity that operates or maintains a child day program or family day
				  system.
"Referral" means any activity by the family day system that
				  provides assistance in locating or arranging day care for children in homes
				  that have been accepted or approved as members of the system, or in locating or
				  arranging for health or social services from other sources based upon
				  identified needs.
"Sponsor" means an individual, association, partnership, or
				  corporation having the responsibility for planning and operating a family day
				  system subject to licensure. The licensee is the sponsor of a family day
				  system. (The sponsor may not, in all cases, be the owner of the physical plant
				  including buildings or real estate, or both, in or on which the family day
				  system office is located. In these instances the term "sponsor" as defined here
				  and used in this chapter is considered to be the person, partnership,
				  association, or corporation that owns the enterprise rather than the physical
				  plant or real estate, or both.)
"Superintendent" means the Superintendent of Public
				  Instruction or the superintendent's designee.