Vol. 27 Iss. 16 - April 11, 2011

Chapter 661
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending the following regulation: 22VAC40-661, Child Care Program. The purpose of the proposed action is to (i) make modifications to the current child care subsidy program, (ii) facilitate the development and implementation of a statewide child care automation system, and (iii) expedite the automation process by ensuring uniform statewide child care guidance. Uniform and consistent alignment of statewide guidance is critical in the development of statewide program automation. Proposed changes include new requirements for vendors, a limitation on the fees and rates that will be paid by the program, a requirement that applicants be at least 18 years of age, a requirement for applicants and recipients to cooperate with the Division of Child Support Enforcement as a condition of eligibility, a requirement that appellants refund the cost of services paid during the appeals process if the local department's decision is upheld, a change to the time allowed for processing applications, establishment of a standardized process to hear cases of alleged recipient fraud when the Commonwealth chooses not to prosecute, a time limitation for receipt of child care, and a requirement that overpayments made as a result of a local department error be repaid to the department with local funds.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 63.2-217 of the Code of Virginia.

Public Comment Deadline: May 11, 2011.

Agency Contact: Mary Ward, Subsidy Program Manager, Department of Social Services, 801 E. Main Street, Richmond, VA 23219, telephone (804) 726-7638, FAX (804) 726-7655, or email

VA.R. Doc. No. R11-2776; Filed March 23, 2011, 8:12 a.m.