8 VAC 20-780 Administration 8 VAC 20-780 Staff Qualifications and Training 8 VAC 20-780 Physical Plant 8 VAC 20-780 Staffing and Supervision 8 VAC 20-780 Programs 8 VAC 20-780 Special Care Provisions and Emergencies 8 VAC 20-780 Special Services 8 VAC 20-820 THE LICENSE 8 VAC 20-820 THE LICENSING PROCESS 8 VAC 20-770 Background Checks 20 Access to minor?s records 22.1 Background Checks Code 63.2 Child Abuse & Neglect
Technical Assistance:
* Discussion that effective 11/15/23, to be authorized to give seizure rescue nasal spray to a child in your care, a provider must meet ONE of the following criteria: 1. Holds a current MAT Certificate AND a current MAT Seizure Rescue Nasal Spray Online Course Completion Certificate; 2. Holds a current MAT Certificate AND a current MAT Epilepsy for Certified Providers Certificate; or 3. Holds a current MAT Epilepsy for Uncertified Providers Certificate.
* Discussion that effective January 1, 2025, VDOE will begin determining compliance with ? 22.1-289.057 of the Code of Virginia, which is legislation passed by the General Assembly in 2020. The law requires all licensed child day programs, religious exempt child day centers that serve preschool age children, and certified preschools to test potable drinking water. The law requires that programs submit their plans and test results to the Virginia Department of Health Office of Drinking Water (VDH ODW) and the Superintendent. If the results of the testing indicate elevated lead levels, the program shall remediate, retest, and resubmit results to VDH ODW and the Superintendent. There is an additional alternative bottled water option that comes with additional requirements. The statutory requirement can be found online at https://law.lis.virginia.gov/vacode/title22.1/chapter14.1/section22.1-289.057/.
Resources are now available for providers on the "What's New" webpage on the ChildCareVA website at https://www.childcare.virginia.gov/providers/what-s-new.
* The Code of Virginia, ? 22.1-289.035 A, requires that all background check components be completed for all applicants for employment, employees, applicants to serve as volunteers, and volunteers prior to employment or beginning to serve as a volunteer and every five years thereafter. VDOE had previously required that both Virginia and out-of-state child abuse and neglect checks be requested within 30 days of employment. Instead, these requests must be submitted prior to the date of employment.
This change allows prospective employees and volunteers to be provisionally hired upon receipt of a satisfactory fingerprint check signified by written documentation from the Office of Background Investigations stating that the individual is eligible for hire. Provisionally hired employees and volunteers must be in the line of sight of at least one other staff member who has a complete and satisfactory background check and must not be left alone with children until all components of the background checks required in? 22.1-289.035 of the Code of Virginia are complete.
New applicants for employment and volunteering hired on or after July 1, 2024, may be provisionally hired if the applicant has received qualifying results on a fingerprint-based background check through the Central Criminal Records Exchange or the Federal Bureau of Investigation. Current employees must continue to meet the requirements set out in ? 22.1-289.035 of the Code. Previous background check requirements apply to all applicants and volunteers hired prior to July 1, 2024.
* Discussion that those staff who reside out-of-state in order to attend college will now need to obtain out-of-state background checks for all applicable states within the past five years.
Comments:
This monitoring inspection was initiated by licensing staff and concluded on 07/03/2024, between the hours of 9:30 am to 12 pm. There were 107 school-age children present with 25 staff supervising, across 11 separate groups. The children were engaged in the following: large motor skills outside, drama, computer games, movement, arts & crafts, bathroom breaks, hand washing, getting ready for lunch, and other organized activities. The inspector reviewed compliance in the areas of administration; physical plant; staffing and supervision; programming; medication; special care and emergencies; and nutrition. A total of 10 children files, and 10 staff files were reviewed.
Information gathered during the inspection determined that there was (1) non-compliance with the Code of Virginia. This violation was documented on the Violation Notice issued to the center.
If you should have any questions, please call or send an email to charlie.perkins@doe.virginia.gov. Thank you.
Charlie Perkins, Licensing Inspector (703) 309-3963
Based on review and interview, 3 of 10 staff files indicated that the child day center did not request a copy of the results of a criminal history record information check (CRC), a sex offender registry check (SOR), and a search of the child abuse and neglect registry (CPS) or equivalent registry from any state in which the individual has resided in the preceding five years.
Evidence - 1. On the date of inspection (07/03/2024), the following staff indicated on their signed sworn statement that each had lived outside of the Commonwealth of Virginia within the past five years: Staff #3, Staff #7, and Staff #10. 2. The Director stated (during an interview on the date of inspection) that these requests had not yet been sent for the listed staff. 3. All three staff were hired at the end of June 2024.
Plan of Correction:
Out-of-state requests will be sent to obtain CPS for these three staff; SOR checks will be obtain through the NSOPW online; and for those applicable non-nff states CRCs will be obtained. These request will go out today.
Disclaimer:
This information is provided by the Virginia Department of Social Services, which neither endorses any facility nor guarantees that the information is complete. It should not be used as the sole source in evaluating and/or selecting a facility.
Find this content at:
http://www.dss.virginia.gov/facility/search/cc.cgi