Public comment period underway for changes to standards for child day care and how violations are enforced

The Commonwealth of Virginia is currently taking public comments on proposed changes to the regulations for child day care centers. Specifically, the Board of Education has been reviewing the chapter on license renewals and denials as well as enforcement proceedings. 

“The Board has determined that a comprehensive revision of the chapter is necessary in order to implement statutory requirements, clarify existing regulatory requirements, and update practices and procedures,” reads the background document on Virginia’s Regulatory Town Hall. 

The regulations have not been updated for nearly thirty years and much of the language does match standing operating procedures. The stated goal is to be more clear and 42 pages have been condensed into 14.  (review all the documents)

“State policy requires a licensing scheme that imposes minimum qualifications upon [a] child care provider to ensure the safety of children,” the background document continues.

Public comment is open through November 8, 2024. (view the portal)

One change is that provisions for background checks would not be embedded in these standards rather than a different section. 

One new rule is that the Department of Education may be able to order a new background check if there is suspicion that someone who may have gone through one may have been disqualified for applying for the job in the first place. 

Additionally, residents of a home where a day care is provided must complete a background check if they are over the age of 14.  These checks also have to be conducted much sooner. 

“As the Central Registry is the record of founded complaints of child abuse and neglect maintained by [the Department of Social Services], shortening from one month to one week the time within which checks of the Registry must occur for residents of a home where child day programs occur may help reduce the likelihood and/or time length with which child day programs are allowed to operate with a resident with a history of child abuse,” reads an economic impact analysis of the regulations conducted by the Virginia Department of Planning and Budget. 

This rule change comes at a time when an Albemarle County daycare called Playful Learners closed after a series of violations. Here is an article to get you up to speed on that story:

• Charlottesville preschool shut down due to numerous violations, Kate Nuechterlein, 29NBC, September 10, 2024

The website for the former preschool is no longer online and the information has been erased from the Department of Social Services website.

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