Virginia Administrative Code
Title 8 - EDUCATION
Agency 20 - STATE BOARD OF EDUCATION
Chapter 810 - MINIMUM STANDARD FOR LICENSED FAMILY DAY SYSTEMS
Section 8VAC20-810-30 - Personnel
Universal Citation: 8 VA Admin Code 20-810-30
Current through Register Vol. 40, No. 16, March 25, 2024
A. General Requirements.
1. No person convicted of a
crime involving child abuse, child neglect or moral turpitude shall be a family
day system owner, operator or employee.
2. The family day system owner, director, and
all system employees shall be:
a. At least 18
years of age (EXCEPTION: Secretarial and custodial help may be younger than 18
years of age.);
b. Of good moral
character and reputation;
c.
Physically and mentally capable of carrying out assigned duties and
responsibilities;
d. Emotionally
stable with an understanding of problems and needs of children and their
families; and
e. Qualified in
accordance with the applicable educational training and experience requirements
contained in these standards.
B. Personnel policies.
1. There shall be a written description for
each staff position. This job description shall include:
a. The job title;
b. The functions assigned to the position,
including authority and responsibility; and
c. Educational or experience, or both,
requirements for the position.
2. A copy of the job description shall be
made available to each person assigned to the position at the time of
employment.
3. When a system has
more than three employees, within the system's office, the system shall have
written personnel policies outlining personnel practices as they affect both
the employer and employee. A copy of these policies shall be readily accessible
to each staff member and shall include at minimum:
a. Conditions of employment;
b. Conditions under which employment may be
suspended or terminated;
c.
Procedures for resignation;
d.
Salary scales;
e. Provisions for
paid vacation, sick leave, compensatory leave, and holidays, if any;
f. Provisions for recurring evaluation of
work performance of each employee at least annually;
g. A description of employee
benefits;
h. Provisions for staff
development and training through in-service training, attendance at conferences
and workshops and educational leave; and
i. Grievance procedures.
C. The system staff.
1. Composition and size.
a. Composition and number of staff employed
by the system shall be sufficient to assure:
(1) Compliance with these
standards;
(2) The uninterrupted
and timely provision of all services included in the system program to
children, parents, and homes that are members of the system.
b. In order to ensure timely and
adequate service delivery, the number and composition of staff shall be
determined by:
(1) The scope of the program
and services offered by the system;
(2) The number of homes that are members of
the system and their geographical location in relation to the system
office;
(3) The number of children
in care in homes that are members of the system;
(4) The capabilities and experience of the
staff; and
(5) The total
responsibilities assigned to each staff member and the time required to
effectively carry out these responsibilities. Total responsibilities are those
relating to inspection, supervision, monitoring, evaluation of member homes;
providing training and technical assistance to operators and staff of member
homes; providing referral services to parents and children; as well as
administrative tasks and supervisory responsibilities.
c. Qualified staff members who meet the
applicable qualifications established by subdivision C 2 of this section shall
be designated to perform each of the following functions:
(1) Day-to-day management, administration and
supervision of system operations;
(2) Referral services to parents and
children;
(3) Training, technical
assistance, and consultation to the staff of homes that are members of the
system;
(4) Home visitation and
approval which includes at minimum those functions and services relating to
inspection, supervision, monitoring, and evaluation of homes that are members
of the system; and
(5) Clerical
functions.
d. Multiple
functions may be assigned to an individual staff member provided:
(1) The staff member meets the qualifications
for each function as established by subdivision C 2 of this section;
and
(2) The multiple assignment is
consistent with the requirements of subdivision C 1 a of this section regarding
the timely and uninterrupted delivery of services and subdivision C 1 b of this
section which provides for a determination of the required number and
composition of staff.
2. Staff qualifications.
a. The director.
(1) There shall be one full-time staff member
designated as the director of the system who shall be responsible for the
overall day-to-day management, administration and supervision of system
operations. In the case of an individual proprietorship or partnership the
director may be the licensee.
(2)
An individual assuming the duties of a director on or after the effective date
of these standards shall have:
(a) A master's
degree in early childhood education, child development, social work, education
or psychology from an accredited college or university, or the equivalent as
determined and approved by the department, plus three years of experience in
any one or more of these fields, including two years experience in a
supervisory, administrative, or management capacity; or
(b) A bachelor's degree in early childhood
education, child development, social work psychology or education from an
accredited four year college or university, or the equivalent as determined and
approved by the department, plus four years of experience in any of these
fields, including two years experience in a supervisory, administrative or
management capacity.
b. Referral, training and home visitation
services.
(1) Responsibilities for referral,
training and home visitation services shall be assigned to a permanent staff
member or members. These services and responsibilities shall consist of:
(a) Referral services-Interviewing of parents
and children and the referral of children to family day-care homes that are
members of the system or to available health or social services as special
needs are identified.
(b) Training
services-Developing and providing training, technical assistance and
consultation to the operators and staff of family day-care homes that are
members of the system.
(c) Home
visitation services-Visiting family day-care homes, for the purpose of
approving homes in accordance with requirements established in 8VAC20-810-40
and any additional requirements established by the system and assuring
continued compliance with these requirements. A full-time home visitation staff
member shall be responsible for no more than 25 family day-care
homes.
(2) Staff members
designated to perform referral, training or home visitation services on or
after the effective date of these standards shall have:
(a) A bachelor's degree in early childhood
education, child development, social work, psychology or education from an
accredited four year college or university or the equivalent as determined and
approved by the department, or
(b)
An associate degree, or equivalent, in human services, community and social
service, or educational services or their equivalent as determined and approved
by the department, from an accredited community college or four year college or
university and two years supervised experience working in a child care center,
residential children's facility, nursery school, family day-care home, or
similar program providing care to children.
c. Clerical staff.
(1) The system shall employ sufficient
clerical staff to keep correspondence, required records, accounts and files
current and in good order.
(2)
Clerical staff shall be qualified by both education and experience to perform
assigned tasks.
d.
Documentation of qualifications.
(1) The
professional qualifications of staff members, established by subdivision C 2 of
this section, shall be individually documented.
(2) The personal qualifications including
those established by subdivision A 1 of this section shall be verified through
character references.
(a) At least three
references shall be obtained for each applicant.
(b) These references shall not be obtained
from relatives of applicants.
(c)
These references shall be in writing or there shall be a written notation of
verbal references.
3. Staff development.
a. Provision shall be made for orientation
for all staff. This shall be documented and recorded in the employee's
record.
b. Prior to assuming their
duties, new employees shall be given orientation and training in at least the
following areas:
(1) The objectives and
philosophy of the system;
(2) The
services offered by the system;
(3)
Confidential treatment of personal information;
(4) The policies and procedures that are
applicable to their specific position and assigned duties and responsibilities;
and
(5) The standards as they apply
to the individual position.
c. A written plan of in-service training with
specific well-defined objectives shall be prepared and implemented annually for
each employee. A copy of this plan shall be filed in the employee's record and
shall be made available to the department's representative upon request.
(EXCEPTION: Clerical and custodial employees are exempt from this
requirement.)
d. Attendance at
conferences, seminars, workshops, institutes and academic courses related to
the employee's assigned duties and responsibilities shall be
encouraged.
D. Volunteers.
1. Any volunteers used shall:
a. Have qualifications appropriate to the
services they render;
b. Be subject
to laws and regulations governing the confidential treatment of personal
information; and
c. Be selected on
the basis of their ability to make a positive contribution to the
program.
2. The system
shall establish written requirements for the screening and selection of
volunteers.
3. Duties and
responsibilities of all volunteers shall be clearly defined in writing and
differentiated from those persons regularly filling staff positions.
4. At least one staff member shall be
assigned the responsibility for selection, orientation, training, scheduling,
supervision and evaluation of volunteers.
5. The system shall not be dependent on the
use of volunteers to ensure the basic provision of services on a continuous
basis.
*The minimum personnel requirements and qualifications for family day-care providers and their staff are addressed in 8VAC20-810-40 B 1.
Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
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