2006 Code of Virginia § 63.2-1704 - Voluntary registration of family day homes; inspections; investigation upon receipt of complaint; r...

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 shallfile with the Commissioner, prior to beginning any such operation andthereafter biennially, a statement which shall include, but not be limitedto, 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;

4. Documentation that the background check requirements for registered childwelfare agencies in Article 3 ( 63.2-1719 et seq.) of this chapter have beenmet; and

5. Documentation that the home has met the requirements of aself-administered health and safety guidelines evaluation checklist adoptedby the Board.

Upon receiving such information on prescribed forms, and after havingdetermined that the home has satisfied the standards for voluntaryregistration, the Commissioner shall issue a certificate of registration tothe family day home.

B. The Commissioner shall contract with qualified local agencies andcommunity organizations to certify family day homes as eligible forregistration, pursuant to Board regulations. If no qualified local agenciesor community organizations are available, the Commissioner shall implementthe provisions of this section. Upon receipt of an application of a qualifiedlocal agency or community organization to certify family day homes aseligible for registration, the Commissioner shall cause an investigation tobe made of the applicant's activities, services, facilities, and financialresponsibility, of the character and reputation of the officers and agents ofthe applicant, and of its compliance with requirements established for theissuance of such contracts.

C. The Board shall adopt regulations to implement the provisions of thissection. Such regulations shall provide guidelines for the following:

1. The identification of family day homes which may meet the standards forvoluntary registration provided in subsection A;

2. The establishment of qualifications for local agencies and communityorganizations to which a contract may be issued by the Commissioner for thecertification of family day homes as eligible for registration, and standardsfor the purpose of ensuring compliance with the standards and requirements ofthe contract, including monitoring and random inspections;

3. The establishment of standards and requirements for contracts issued bythe Commissioner to qualified local agencies and community organizations,upon review of the Board, for the certification of family day homes aseligible for registration;

4. 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, and maintaining permanent records regarding all familyday homes which it may certify as eligible for registration;

5. The establishment of requirements for a self-administered health andsafety guidelines evaluation checklist;

6. The criteria and process for the renewal of the certificate ofregistration; and

7. A schedule for charges to be made by the contract organization or by theDepartment if it implements the provisions of this section, for processingapplications for the voluntary registration of family day homes. The chargescollected shall be maintained for the purpose of recovering administrativecosts incurred in processing applications and certifying as eligible orregistering such homes.

D. The contract organization, upon determining that a family day home hassatisfied the standards for voluntary registration, shall certify the home aseligible for registration on forms prescribed by the Commissioner. TheCommissioner, upon determining that certification has been properly issued,may register the family day home.

E. 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.

F. Upon receipt of a complaint concerning a registered family day home, theCommissioner shall cause an investigation to be made, including on-sitevisits as he deems necessary, of the activities, services, and facilities.The person who maintains such home shall afford the Commissioner reasonableopportunity to inspect the operator's facilities and records and to interviewany employees and any child or other person within his custody or control.Whenever a registered family day home is determined by the Commissioner to bein noncompliance with the standards for voluntary registration, theCommissioner shall give reasonable notice to the operator of the nature ofthe noncompliance and may thereafter revoke or suspend the registration.

(1991, c. 595, 63.1-196.04; 1992, c. 746; 1993, cc. 730, 742; 2002, c. 747.)