Vol. 29 Iss. 21 - June 17, 2013

Chapter 111
Final Regulation

REGISTRAR'S NOTICE: The State Board of Social Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The State Board of Social Services will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 22VAC40-111. Standards for Licensed Family Day Homes (amending 22VAC40-111-30).

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Effective Date: July 17, 2013.

Agency Contact: Becky Sagle, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7037, FAX (804) 726-7132, or email


Pursuant to Chapters 182 and 545 of the 2013 Acts of Assembly, the requirement for a licensee to provide evidence of financial responsibility is deleted.

22VAC40-111-30. Operational responsibilities.

A. The provider shall ensure compliance with these standards and the terms of the current license issued by the department and with relevant federal, state or local laws, and other relevant regulations.

B. The provider will ensure compliance with the home's policies that have been disclosed to the parents as required by 22VAC-40-111-70.

C. The provider shall give evidence of financial responsibility.

D. C. The provider shall be of good character and reputation. Character and reputation investigation includes, but is not limited to, background checks as required by §§ 63.2-1702 and 63.2-1721 of the Code of Virginia.

E. D. The provider shall meet the requirements specified in 22VAC40-191, Background Checks for Child Welfare Agencies.

F. E. The provider shall ensure that the home's activities, services, and facilities are conducive to the welfare of children in care.

G. F. The provider shall be responsible for the home's day-to-day operation.

H. G. The provider shall ensure that any advertising is not misleading or deceptive as required by § 63.2-1713 of the Code of Virginia.

I. H. The provider shall meet the requirements specified in 22VAC40-80, General Procedures and Information for Licensure.

VA.R. Doc. No. R13-3661; Filed May 17, 2013, 1:07 p.m.