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2015 SESSION

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SB 1168 Family day homes and child day centers; local government to report business licenses issued.

Introduced by: Emmett W. Hanger, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Family day homes and child day centers; licensure; background checks; reporting; notice. Requires fingerprint-based national criminal history records checks for licensed child day centers and family day homes and requires employees and volunteers of such child day centers and family day homes to notify the provider if they are convicted of a barrier crime or subject to a founded complaint of child abuse or neglect. The bill adds the offenses that require registration in the Sex Offender and Crimes Against Minors Registry to the list of barrier crimes specific to family day homes. The bill lowers from five to four the maximum number of children for whom a family day home may provide care without a license, exclusive of the provider's children and any children who reside in the home. The bill requires (i) local commissioners of the revenue or other local business license officials to report to the Department of Social Services (the Department) semiannually the contact information for any child day center or family day home to which a business license was issued; (ii) unlicensed and unregistered family day homes, other than those in which all of the children receiving care are related to the provider by blood or marriage, to provide written notice to parents stating that the family day home is not regulated by the Department and referring the parents to a website maintained by the Department for additional information; and (iii) child day centers and family day homes that contract with the Department to provide child care services that are funded by the Child Care and Development Block Grant to comply with all requirements established by federal law and regulation. The bill also requires the Department to (a) develop recommendations related to appropriate criminal and civil penalties for individuals who wrongfully operate a child day center or family day home without a license or provide care for more children than the maximum number permitted under their license; (b) report on the requirements established in the Child Care and Development Block Grant to the Senate Committee on Rehabilitation and Social Services and the House Committee on Health, Welfare and Institutions by December 1, 2015; (c) develop and make available to child day centers and family day homes training and technical information and assistance regarding compliance with new licensure requirements established in the bill; and (d) work with certain localities authorized to regulate and license family day homes to identify and address any differences between ordinances adopted by such localities and state regulations for the licensure of family day homes. The provisions of the bill that require licensure of family day homes providing care for five or more children have a delayed effective date of July 1, 2016. The provisions of the bill that require fingerprint-based national criminal history records checks have a delayed effective date of July 1, 2017. This bill is identical to HB 1570.

SUMMARY AS PASSED SENATE:

Family day homes and child day centers; licensure and notice requirements. Provides that the children of a family day home provider and any children who reside in the family day home who are under the age of six and are present in the home while care is being provided shall be included in determining the number of children receiving care for the purpose of licensure. The bill amends the definition of "family day home" to include any home that voluntarily registers pursuant to § 63.2-1704 and to exclude any home where all of the children in care (i) are grandchildren of the provider and the provider does not receive funds from the federal Child Care and Development Block Grant or (ii) reside in the home. The bill requires commissioners of revenue or other local officials to report to the Department of Social Services semiannually the contact information of any child day center or family day home to which a business license was issued and requires every unlicensed and unregistered family day home to file, prior to providing care, a written declaration of intent to operate such family day home with the Commissioner of the Department of Social Services. The provisions of the bill related to the definition of "family day home" have a delayed effective date of July 1, 2016. The provisions of the bill are contingent on funding in a general appropriation act. The bill incorporates SB 780, SB 1029, SB 1069, and SB 1124.

SUMMARY AS INTRODUCED:

Regulation of child welfare agencies. Establishes a national criminal history record check requirement for licensure as a child welfare agency, for approval as a family day home by a family day system, for approval as a foster or adoptive parent; for employment or to volunteer at a child welfare agency or family day home; and for all adults residing in a home in which a family day home is operated and provides that the children of a family day home provider and any children who reside in the family day home where care is provided shall be included in determining the number of children receiving care for the purpose of licensure. This bill includes a delayed effective date.