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2009 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 63.2-1704 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-1704. 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 six children, exclusive of the provider's own children and any children
who reside in the home, may apply for voluntary registration. An applicant
for voluntary registration shall file with the Commissioner, prior to
beginning any such operation and thereafter biennially, a statement
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 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.
B. The Board shall adopt regulations for voluntarily registered family day homes that include, but are not limited to:
1. The criteria and process for the approval of the certificate of registration;
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 of family day homes. 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;
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, 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 regulations for voluntarily registered 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.
C. Upon receiving such information the
application on prescribed forms prescribed by the Commissioner,
and after having determined that the home has satisfied the standards for
voluntary registration requirements of the regulations for voluntarily
registered family day homes, the Commissioner shall issue a certificate of
registration to the family day home.
B. 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 family day homes as eligible for
registration, pursuant to Board regulations the regulations for
voluntarily registered family day homes. 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. "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.
C. E. The Board shall adopt regulations to
implement the provisions of this section. Such regulations shall provide
guidelines for the following The scope of services in contracts shall
include:
1. The identification of family day homes which may meet the standards for voluntary registration provided in subsection A; and
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. 2. 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,;
ensuring providers' compliance with the regulations for voluntarily
registered family day homes, including monitoring and random inspections; 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. F. The contract organization, upon
determining that a family day home has satisfied the standards for voluntary
registration requirements of the regulations for voluntarily registered
family day homes, 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. 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.
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.