Current through Register Vol. 40, No. 16, March 25, 2024
A. Referral to system homes.
1. Children shall be referred only to homes
which have been approved as required in subsection B of this section.
2. No child shall be referred to a home which
has reached its approved capacity.
3. Referrals shall be made only after a
personal interview between a representative of the system and the parent and
child. Prior to acceptance of a child for care, the parent and child shall
visit the home where care will be provided.
4. When a child is accepted for care and
payment will be made by a local department of public welfare or social
services, the system shall seek approval from that department prior to referral
of the child for care.
5. When a
child is accepted for care and a referral is made to a home that is a member of
the system, there shall be a written agreement between the system and parent or
guardian of the child. A copy of the signed agreement shall be given to the
parent or guardian and a copy shall also be retained and filed by the system at
the system office. Additionally, the requirements of subdivisions A 6 and A 7
also apply.
6. The child care
agreement shall address the following items:
a. Child's name, birth date, home address,
and home telephone number;
b. Names
and addresses of parent or guardian and telephone number at which they can be
reached during hours the child is in care;
c. A statement that a child brought to the
home shall be left with a staff member and released only to the parent or other
specified person;
d. The hours the
child will be in care;
e. The name,
address, and telephone number of the child's physician;
f. Emergency medical authorization;
g. Transportation arrangements;
h. Notes of any special problems or needs of
a child;
i. Granting or denying
permission for field trips;
j.
Granting or denying permission for participation in water activities, such as
swimming and wading;
k. Any other
referral information;
l. Agreement
regarding the home in which the child will be placed;
m. Financial arrangements for care;
n. A statement that staff members of both the
system and member home in which the child receives care shall be available for
parent conferences;
o. Information
regarding the means by which care will be provided in the event the primary
day-care provider is ill, on vacation or other wise unavailable due to an
emergency; and
p. Information
regarding the role of the system in referral of children in care in a home that
is terminated as a member of the system.
7. The child care agreement may be a one or
two part agreement at the option of the system.
a. When a one part agreement is used it
shall:
(1) Be signed by the parent of the
child, a representative of the system and the day-care provider in whose home
the child will receive care.
(2) A
copy of this agreement shall be provided by the system to the member home in
which the child will receive care.
b. When the system elects to use to two part
agreement the following standards apply:
(1)
Part one:
(a) Shall contain all items
specified in subdivision A 6 except financial arrangements for care (See
subdivision A 6 m);
(b) Be signed
by the parent or parents of the child, a representative of the system and the
day-care provider in whose home the child will receive care; and
(c) A copy shall be provided by the system to
the member home in which the child will receive care.
(2) Part two:
(a) Shall contain the financial information
required by subdivision A 6 m and any other information that the system deems
appropriate;
(b) Shall be signed by
the parent s of the child and a representative of the system.
8. Health
requirements for children.
a. Timing and
frequency of medical reports:
(1) Each child
accepted for care shall obtain a physical examination by or under the direction
of a licensed physician prior to admission (as outlined below) or within 30
days after admission:
(a) Within 60 days prior
to admission for children six months of age and younger;
(b) Within 90 days prior to admission for
children seven months through 18 months of age;
(c) Within six months prior to admission for
children 19 months through 24 months of age;
(d) Within 12 months prior to admission for
children two years of age through five years of age;
(e) Within 24 months prior to admission for
children six years of age and above.
EXCEPTIONS:
(i)
Children transferring from one facility licensed by the Virginia Department of
Education, certified by a local department of social services, or approved by a
licensed family day system:
If the initial report of physical examination and
immunizations is submitted to the new home, no additional examination is
required. If the initial report is not available, a report of physical
examination and immunizations is required.
(ii) Physical examinations are not required
for any child whose parent or guardian objects on religious ground. The parent
or guardian must submit a statement noting that the parents or guardian objects
on religious grounds and certifying that, to the best of the parent's or
guardian's knowledge, the child is in good health and free from communicable
and contagious disease.
(2) Medical reports after admission:
(a) Updated information on immunizations
received shall be obtained once every six months for children under the age of
two years.
(b) Updated information
on immunizations received shall be obtained once between each child's fourth
and fifth birthdays.
b. Form and content of medical reports:
(1) The current form approved by the Virginia
Department of Health, or any other form which provides all of the same
information shall be used to record immunizations received and the results of
the required physical examination.
(2) Each report shall include the date of the
physical examination or the dates immunizations were received, or
both.
(3) Each report shall be
signed by a licensed physician, the physician's designee, or an official of a
local department of health.
EXCEPTION: Documentation of immunizations received is not
required for any child whose parent or guardian submits an affidavit to the
center stating that the administration of immunizing agents conflicts with the
parent's or child's religious tenets or practices.
9. An emergency
medical authorization form shall be provided the home at the time the child
enters care. (NOTE: At the discretion of the system this form may be part of
the child care agreement required by subdivision A 6.)
a. The emergency medical authorization form
shall be signed by the parent or parents, the provider, and a representative of
the system.
b. A copy of the signed
emergency medical authorization form shall also be filed in the child's record
that is maintained in the system's office.
10. The system shall make arrangements for
substitute or back-up care when a day-care provider in a member home needs
assistance in any emergency or during illness or vacation. Such care may be
provided by a staff person approved as a system assistant or another member
provider with available enrollment capacity.
11. They system shall confer with the parent
of each child at least twice a year concerning the child's progress and the
parents' view of the adequacy of care being provided. This contact may be by
telephone or in person at the discretion of the parent or parents involved.
B. Referral to health
and social services.
1. The licensee shall
have on file a written plan describing how the need for medical and social
services is determined and how social services are made available, either
within the system or by arrangement with specific public or private community
agencies, or both. This written plan shall include the system's policy and
procedures for referral of children and their parents to appropriate social,
mental health, welfare and medical services.
2. The licensee shall maintain a written
record of all referrals of children and their families to social, mental
health, welfare, and medical services which shall include the results of such
referrals, when reports of such results are provided to the
system.
C. Complaint
investigation. The family day system shall be responsible for investigation of
any complaint received on any home that is a member of its system. When a
system receives such a complaint, the following Standards apply:
1. The complaint shall be recorded on a
complaint record which shall include at minimum the information required by
8VAC20-810-60 C 5 b.
2. A copy of
this completed record shall be placed in the file of the home against which the
complaint was made and a copy shall be provided to the Office of Child Care
Licensing. This copy shall be provided within 10 days of the date the complaint
investigation is completed.
3. When
the complaint concerns a specific child, a copy of the completed record shall
be placed in the file of the child.
4. A complete investigation shall be made, by
the licensee, of each complaint received. This investigation shall:
a. Be initiated within five working days
following the receipt of the complaint:
b. Completed within 14 days following receipt
of the complaint; and
c. Include at
least one visit to the family day-care home on which the complaint was
received.
5. If the
complaint is found to be valid, corrective action shall be initiated
immediately.
6. When the complaint
includes an accusation of child abuse or neglect, the following Standards also
apply:
a. The complainant shall be referred to
the protective services unit of the local department of social services in the
locality where the home is located.
b. The family day system shall notify the
local department of social services child protective services' staff member
immediately and provide all information regarding the complaint. The oral
notification shall be confirmed in writing within 72 hours and a copy placed in
the file of the home against which the complaint was made. Simultaneously, a
copy of this written notification shall also be provided to the Office of Child
Care Licensing.
c. The system shall
make its own investigation within 24 hours. A joint investigation by the
protective services worker of the local department of social services and a
representative of the system is encouraged to the maximum extent
possible.
Statutory Authority: §§
22.1-16
and
22.1-289.046
of the Code of Virginia.