2006 Code of Virginia § 15.2-914 - Regulation of child-care services and facilities in certain counties and cities

15.2-914. Regulation of child-care services and facilities in certaincounties and cities.

Any (i) county that has adopted the urban county executive form ofgovernment, (ii) city adjacent to a county that has adopted the urban countyexecutive form of government, or (iii) city which is completely surrounded bysuch county may by ordinance provide for the regulation and licensing ofpersons who provide child-care services for compensation and for theregulation and licensing of child-care facilities. "Child-care services"means provision of regular care, protection and guidance to one or morechildren not related by blood or marriage while such children are separatedfrom their parent, guardian or legal custodian in a dwelling not theresidence of the child during a part of the day for at least four days of acalendar week. "Child-care facilities" includes any commercial orresidential structure which is used to provide child-care services.

Such local ordinance shall not require the regulation or licensing of anychild-care facility that is licensed by the Commonwealth and such ordinanceshall not require the regulation or licensing of any facility operated by areligious institution as exempted from licensure by 63.2-1716.

Such local ordinances shall not be more extensive in scope than comparablestate regulations applicable to family day-care homes. Local regulationsshall not affect the manner of construction or materials to be used in theerection, alteration, repair or use of a residential dwelling.

Such local ordinances may require that persons who provide child-careservices shall provide certification from the Central Criminal RecordsExchange, in accordance with 19.2-389, that such persons have not beenconvicted of any offense involving the sexual molestation of children, thephysical or sexual abuse or rape of a child or any offense identified in 63.2-1719, and such ordinances may require that persons who providechild-care services shall provide certification from the central registry ofthe Department of Social Services that such persons have not been the subjectof a founded complaint of abuse or neglect. If an applicant is deniedlicensure because of any adverse information appearing on a record obtainedfrom the Central Criminal Records Exchange or the Department of SocialServices, the applicant shall be provided a copy of the information uponwhich that denial was based.

(1990, cc. 605, 609, 15.1-37.3:12; 1997, c. 587.)