§ 63.2-1704. Voluntary registration of family day homes; inspections;investigation upon receipt of complaint; revocation or suspension ofregistration.
A. Any person who maintains a family day home serving fewer than sixchildren, exclusive of the provider's own children and any children whoreside in the home, may apply for voluntary registration. An applicant forvoluntary registration shall file with the Commissioner, prior to beginningany such operation and thereafter biennially, an application which shallinclude, but not be limited to, the following:
1. The name, address, phone number, and social security number of the personmaintaining 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 theaccuracy of the information submitted to the Commissioner; and
4. Documentation that the background check requirements for registered childwelfare agencies in Article 3 (§ 63.2-1719 et seq.) of this chapter have beenmet.
B. The Board shall adopt regulations for voluntarily registered family dayhomes that include, but are not limited to:
1. The criteria and process for the approval of the certificate ofregistration;
2. Requirements for a self-administered health and safety guidelinesevaluation checklist;
3. A schedule for fees to be paid by the providers to the contractorganization or to the Department if it implements the provisions of thissection for processing applications for the voluntary registration of familyday homes. The charges collected shall be maintained for the purpose ofrecovering administrative costs incurred in processing applications andcertifying such homes as eligible or registered;
4. The criteria and process for the renewal of the certificate ofregistration; and
5. The requirement that upon receipt of a complaint concerning a registeredfamily 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 theCommissioner reasonable opportunity to inspect the operator's facilities andrecords and to interview any employees and any child or other person withinhis custody or control. Whenever a registered family day home is determinedby the Commissioner to be in noncompliance with the regulations forvoluntarily registered family day homes, the Commissioner shall givereasonable notice to the operator of the nature of the noncompliance and maythereafter revoke or suspend the registration.
C. Upon receiving the application on forms prescribed by the Commissioner,and after having determined that the home has satisfied the requirements ofthe regulations for voluntarily registered family day homes, the Commissionershall issue a certificate of registration to the family day home.
D. The Commissioner shall contract in accordance with the requirements of theVirginia Public Procurement Act (§ 2.2-4300 et seq.) with qualified localagencies and community organizations to review applications and certifyfamily day homes as eligible for registration, pursuant to the regulationsfor voluntarily registered family day homes. If no qualified local agenciesor community organizations are available, the Commissioner shall implementthe provisions of this section. "Qualified" means demonstrated ability toprovide sound financial management and administrative services includingapplication processing, maintenance of records and reports, technicalassistance, consultation, training, monitoring, and random inspections.
E. The scope of services in contracts shall include:
1. The identification of family day homes which may meet the standards forvoluntary registration provided in subsection A; and
2. A requirement that the contract organization shall provide administrativeservices, including, but not limited to, processing applications for thevoluntary registration of family day homes; certifying such homes as eligiblefor registration; providing technical assistance, training and consultationwith family day homes; ensuring providers' compliance with the regulationsfor voluntarily registered family day homes, including monitoring and randominspections; and maintaining permanent records regarding all family day homeswhich it may certify as eligible for registration.
F. The contract organization, upon determining that a family day home hassatisfied the requirements of the regulations for voluntarily registeredfamily day homes, shall certify the home as eligible for registration onforms prescribed by the Commissioner. The Commissioner, upon determining thatcertification has been properly issued, may register the family day home.
G. The provisions of this section shall not apply to any family day homelocated in a county, city, or town in which the governing body provides byordinance for the regulation and licensing of persons who provide child-careservices for compensation and for the regulation and licensing of child-carefacilities pursuant to the provisions of § 15.2-914.
(1991, c. 595, § 63.1-196.04; 1992, c. 746; 1993, cc. 730, 742; 2002, c. 747;2009, c. 29.)
§ 63.2-1704. Voluntary registration of family day homes; inspections;investigation upon receipt of complaint; revocation or suspension ofregistration.
A. Any person who maintains a family day home serving fewer than sixchildren, exclusive of the provider's own children and any children whoreside in the home, may apply for voluntary registration. An applicant forvoluntary registration shall file with the Commissioner, prior to beginningany such operation and thereafter biennially, an application which shallinclude, but not be limited to, the following:
1. The name, address, phone number, and social security number of the personmaintaining 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 theaccuracy of the information submitted to the Commissioner; and
4. Documentation that the background check requirements for registered childwelfare agencies in Article 3 (§ 63.2-1719 et seq.) of this chapter have beenmet.
B. The Board shall adopt regulations for voluntarily registered family dayhomes that include, but are not limited to:
1. The criteria and process for the approval of the certificate ofregistration;
2. Requirements for a self-administered health and safety guidelinesevaluation checklist;
3. A schedule for fees to be paid by the providers to the contractorganization or to the Department if it implements the provisions of thissection for processing applications for the voluntary registration of familyday homes. The charges collected shall be maintained for the purpose ofrecovering administrative costs incurred in processing applications andcertifying such homes as eligible or registered;
4. The criteria and process for the renewal of the certificate ofregistration; and
5. The requirement that upon receipt of a complaint concerning a registeredfamily 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 theCommissioner reasonable opportunity to inspect the operator's facilities andrecords and to interview any employees and any child or other person withinhis custody or control. Whenever a registered family day home is determinedby the Commissioner to be in noncompliance with the regulations forvoluntarily registered family day homes, the Commissioner shall givereasonable notice to the operator of the nature of the noncompliance and maythereafter revoke or suspend the registration.
C. Upon receiving the application on forms prescribed by the Commissioner,and after having determined that the home has satisfied the requirements ofthe regulations for voluntarily registered family day homes, the Commissionershall issue a certificate of registration to the family day home.
D. The Commissioner shall contract in accordance with the requirements of theVirginia Public Procurement Act (§ 2.2-4300 et seq.) with qualified localagencies and community organizations to review applications and certifyfamily day homes as eligible for registration, pursuant to the regulationsfor voluntarily registered family day homes. If no qualified local agenciesor community organizations are available, the Commissioner shall implementthe provisions of this section. "Qualified" means demonstrated ability toprovide sound financial management and administrative services includingapplication processing, maintenance of records and reports, technicalassistance, consultation, training, monitoring, and random inspections.
E. The scope of services in contracts shall include:
1. The identification of family day homes which may meet the standards forvoluntary registration provided in subsection A; and
2. A requirement that the contract organization shall provide administrativeservices, including, but not limited to, processing applications for thevoluntary registration of family day homes; certifying such homes as eligiblefor registration; providing technical assistance, training and consultationwith family day homes; ensuring providers' compliance with the regulationsfor voluntarily registered family day homes, including monitoring and randominspections; and maintaining permanent records regarding all family day homeswhich it may certify as eligible for registration.
F. The contract organization, upon determining that a family day home hassatisfied the requirements of the regulations for voluntarily registeredfamily day homes, shall certify the home as eligible for registration onforms prescribed by the Commissioner. The Commissioner, upon determining thatcertification has been properly issued, may register the family day home.
G. The provisions of this section shall not apply to any family day homelocated in a county, city, or town in which the governing body provides byordinance for the regulation and licensing of persons who provide child-careservices for compensation and for the regulation and licensing of child-carefacilities pursuant to the provisions of § 15.2-914.
(1991, c. 595, § 63.1-196.04; 1992, c. 746; 1993, cc. 730, 742; 2002, c. 747;2009, c. 29.)
§ 63.2-1704. Voluntary registration of family day homes; inspections;investigation upon receipt of complaint; revocation or suspension ofregistration.
A. Any person who maintains a family day home serving fewer than sixchildren, exclusive of the provider's own children and any children whoreside in the home, may apply for voluntary registration. An applicant forvoluntary registration shall file with the Commissioner, prior to beginningany such operation and thereafter biennially, an application which shallinclude, but not be limited to, the following:
1. The name, address, phone number, and social security number of the personmaintaining 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 theaccuracy of the information submitted to the Commissioner; and
4. Documentation that the background check requirements for registered childwelfare agencies in Article 3 (§ 63.2-1719 et seq.) of this chapter have beenmet.
B. The Board shall adopt regulations for voluntarily registered family dayhomes that include, but are not limited to:
1. The criteria and process for the approval of the certificate ofregistration;
2. Requirements for a self-administered health and safety guidelinesevaluation checklist;
3. A schedule for fees to be paid by the providers to the contractorganization or to the Department if it implements the provisions of thissection for processing applications for the voluntary registration of familyday homes. The charges collected shall be maintained for the purpose ofrecovering administrative costs incurred in processing applications andcertifying such homes as eligible or registered;
4. The criteria and process for the renewal of the certificate ofregistration; and
5. The requirement that upon receipt of a complaint concerning a registeredfamily 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 theCommissioner reasonable opportunity to inspect the operator's facilities andrecords and to interview any employees and any child or other person withinhis custody or control. Whenever a registered family day home is determinedby the Commissioner to be in noncompliance with the regulations forvoluntarily registered family day homes, the Commissioner shall givereasonable notice to the operator of the nature of the noncompliance and maythereafter revoke or suspend the registration.
C. Upon receiving the application on forms prescribed by the Commissioner,and after having determined that the home has satisfied the requirements ofthe regulations for voluntarily registered family day homes, the Commissionershall issue a certificate of registration to the family day home.
D. The Commissioner shall contract in accordance with the requirements of theVirginia Public Procurement Act (§ 2.2-4300 et seq.) with qualified localagencies and community organizations to review applications and certifyfamily day homes as eligible for registration, pursuant to the regulationsfor voluntarily registered family day homes. If no qualified local agenciesor community organizations are available, the Commissioner shall implementthe provisions of this section. "Qualified" means demonstrated ability toprovide sound financial management and administrative services includingapplication processing, maintenance of records and reports, technicalassistance, consultation, training, monitoring, and random inspections.
E. The scope of services in contracts shall include:
1. The identification of family day homes which may meet the standards forvoluntary registration provided in subsection A; and
2. A requirement that the contract organization shall provide administrativeservices, including, but not limited to, processing applications for thevoluntary registration of family day homes; certifying such homes as eligiblefor registration; providing technical assistance, training and consultationwith family day homes; ensuring providers' compliance with the regulationsfor voluntarily registered family day homes, including monitoring and randominspections; and maintaining permanent records regarding all family day homeswhich it may certify as eligible for registration.
F. The contract organization, upon determining that a family day home hassatisfied the requirements of the regulations for voluntarily registeredfamily day homes, shall certify the home as eligible for registration onforms prescribed by the Commissioner. The Commissioner, upon determining thatcertification has been properly issued, may register the family day home.
G. The provisions of this section shall not apply to any family day homelocated in a county, city, or town in which the governing body provides byordinance for the regulation and licensing of persons who provide child-careservices for compensation and for the regulation and licensing of child-carefacilities pursuant to the provisions of § 15.2-914.
(1991, c. 595, § 63.1-196.04; 1992, c. 746; 1993, cc. 730, 742; 2002, c. 747;2009, c. 29.)
