TITLE 8. EDUCATION
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Proposed Regulation
Titles of Regulations: 8VAC20-780. Standards for Licensed Child Day Centers (repealing 8VAC20-780-10 through 8VAC20-780-610).
8VAC20-781. Standards for Licensed Child Day Centers (adding 8VAC20-781-10 through 8VAC20-781-750).
Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Public Hearing Information: No public hearing is currently scheduled.
Public Comment Deadline: January 16, 2026.
Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.
Basis: Section 22.1-16 of the Code of Virginia authorizes the State Board of Education to promulgate regulations necessary to carry out its powers and duties and the provisions of Title 22.1 of the Code of Virginia. Section 22.1-289.046 of the Code of Virginia requires the board to adopt regulations for the activities, services, and facilities to be employed by persons and agencies required to be licensed under Chapter 14.1 (§ 22.1-289.02 et seq.) of the Code of Virginia, which shall be designed to ensure that such activities, services, and facilities are conducive to the welfare of the children under the control of such persons or agencies.
Purpose: This action is essential to enhancing the health, safety, and welfare of children in care. The purpose of the adoption of a new regulation is to (i) streamline regulatory requirements; (ii) improve understanding and interpretation leading to enhanced compliance and enforcement by adjusted structure, format, and simplified language; and (iii) incorporate updates to address ever-changing national health and safety guidelines and practices. In addition, it is the goal of the agency to ensure that parents have sufficient information to make informed decisions about placing children in licensed child day centers while ensuring the safety of children receiving care in licensed child day centers. Repeal of the existing regulation and adoption of a new regulation was determined by the agency to be the most efficient and effective way to make the necessary changes to achieve clarity, consistency, and to protect children.
Substance: The proposed action repeals Standards for Licensed Child Day Centers (8VAC20-780) and replaces it with a new chapter, also called Standards for Licensed Child Day Centers (8VAC20-781). Changes in the proposed new chapter include (i) restructuring and reformatting of content by subject matter; (ii) clarifying terms and requirements; (iii) removing duplicative requirements; (iv) condensing sections to incorporate more clear and concise language; (v) aligning the regulation with national health and safety standards; (vi) incorporating requirements based on consultation with and recommendations provided by state partners and agencies; (vii) addressing current and relevant child care challenges by increasing options for program director and lead teacher qualifications; (viii) clarifying and streamlining staff training requirements; (ix) aligning requirements and incorporating technical amendments to ensure consistency with the Code of Virginia; and (x) updating requirements to address ever-changing national health and safety guidelines and practices.
Specifically, the proposed amendments to the standards include (i) enhancing requirements around choking, handwashing, safe sleep practice, swim safety, and outdoor play areas; (ii) adding lead assessments in buildings built before 1978; (iii) enhancing training requirements by requiring all staff to receive training on emergency preparedness and response and child abuse and neglect, adding driver training requirements, and adding to orientation requirements for directors; (iv) enhancing orientation for staff on policies for (a) food service, safety, and storage; (b) inclusion of children with special needs; (c) stock epinephrine; (d) behavior guidance; and (e) emergency preparedness and response during a pandemic; (v) adding requirements for playground safety to include equipment and resilient surfacing; (vi) adding specific requirements to prohibit infants from sleeping in car seats or play equipment, restrictive clothing, and adaptive equipment without a signed statement from a physician, which aligns with updated American Academy of Pediatrics (AAP) sleep guidelines; (vii) adding requirements to address children with special needs and to ensure that children with special needs receive care and activity opportunities appropriate to needs; (viii) adding requirements to strengthen parent involvement and require communication and notification regarding emergencies, behavior concerns, daily care of children, and transportation; (ix) enhancing safeguards for children during swimming and wading activities, including requirements for active supervision and accountability and that one lifeguard be on duty during swimming and wading activities for every 25 children; (x) enhancing requirements for safe handling of body fluids and handwashing; and (xi) adding requirements for the safe storage of medication and flexibility for self-administered medication.
The proposed action also removes requirements that are not directly specific to the safety of children and more related to business practice to provide relief of burdensome standards for child care providers and families. Specifically, the proposed amendments remove provisions relating to (i) enrollment procedures of therapeutic child day programs and special needs child day programs, (ii) physical and mental health of staff and volunteers, (iii) general qualifications, (iv) aides, and (v) independent contractors.
Issues: The primary advantage of this regulatory change to the public, the agency and Commonwealth, and licensed child day centers is that the Standards for Licensed Child Day Centers will be easier to read, better organized, clearer with respect to responsibilities, and more comprehensive in scope to ensure the health, safety, and well-being of children in care. There are no disadvantages to the public, the agency, the Commonwealth, or licensed child day centers.
Department of Planning and Budget Economic Impact Analysis:
The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1
Summary of the Proposed Amendments to Regulation. The Board of Education (board) proposes to repeal 8VAC20-780, Standards for Licensed Child Day Centers, and replace it with 8VAC20-781 using the same title. The regulation would be reorganized with the intent of making it more easily understood. Additionally, the board proposes changes that (i) establish epinephrine requirements, (ii) affect record requirements, (iii) affect the timing of health care examinations and tests, (iv) ease the qualification requirements for directors and lead teachers, (v) amend training requirements, (vi) amend requirements pertaining to sleeping, resting, and diapering, (vii) amend requirements pertaining to play areas, equipment and toys, (viii) change staffing requirements, (ix) require expanded planning for special needs children, and (x) increase safety requirements for swimming.
Background. Epinephrine: Pursuant to Chapters 695 and 696 of the 2022 Acts of Assembly, the board proposes to require that (i) child day centers possess and store weight-based dosages of undesignated or stock epinephrine in a locked or inaccessible container or area in the center; (ii) the undesignated or stock epinephrine is only administered by a nurse at the center, an employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine, or staff at the center authorized by a prescriber and trained in the administration of epinephrine, and (iii) at least one of the above individuals has the means to access the epinephrine at all times during regular facility hours. If the person administering the epinephrine is neither a nurse nor an employee of a local health department, the board proposes to require that their training be from (i) a program for this purpose developed by the Board of Nursing and taught by a registered nurse, licensed practical nurse, nurse practitioner, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist, (ii) a course on this topic developed or approved by the Department of Education (DOE) in consultation with the Department of Health (VDH), or (iii) a course taught by a registered nurse, licensed practical nurse, nurse practitioner, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist that includes the following: (a) recognizing signs and symptoms of anaphylaxis, (b) emergency procedures for responding to anaphylaxis, and (c) instructions and procedures for administering epinephrine. The board proposes to require that such individuals be retained in the administration of epinephrine three-year intervals.
Records: The current regulation requires the following in each child's records: A written care plan for each child with a diagnosed food allergy, to include instructions from a physician regarding the food to which the child is allergic and the steps to be taken in the event of a suspected or confirmed allergic reaction. The board proposes to also require an emergency care plan that has been developed in consultation with a physician or physician's designee for any health issues that are reasonably likely to result in a medical emergency. The current regulation requires the center to have documentation of immunizations and physical examinations for each child, unless (i) The center is located on the same premises where a child attends school; (ii) The child's record has a statement verifying the school's possession of the health record; and (iii) The school's records are accessible during the center's hours of operation. The board proposes to expand the exemption to include all children when a center assumes responsibility for the child directly from a school or transfers responsibility to the school. Additionally, the board proposes to remove the following requirements from children's records: information regarding parent employment; name and phone of child's physician; addresses of emergency contacts; and the requirement to store blanket permission slips and opt-out requests. For center staff records, the board proposes to eliminate contact information for an emergency contact and documentation of references as to character, reputation, and competency.
Health Provisions: Non-school age children must have documentation of a physical examination conducted either prior to attendance or within 30 days after the first day of attendance. Under the current regulation, if the child has had a physical examination prior to attendance, the timeframe to have obtained it varies based upon the child's age, as follows: (i) within two months prior to attendance for children six months of age and younger; (ii) within three months prior to attendance for children aged seven months through 18 months; (iii) within six months prior to attendance for children aged 19 months through 24 months; and (iv) Within 12 months prior to attendance for children two years of age through five years of age. The board proposes to standardize this timeframe for all ages by allowing up to 12 months before the date a child first attends the center regardless of age. The current regulation requires each staff member and individual from an independent contractor to submit documentation of a negative tuberculosis screening. It must have been completed within the last 30 calendar days of the date of employment. The proposed regulation would provide additional time, stating that it shall have been completed within 90 calendar days before coming in contact with children at the center.
Director qualifications and responsibilities: In both the current and proposed regulations, the "Director" is the individual responsible for supervising the day-to-day operations and staff of the center, and there are several pathways to qualify as a center director. The board proposes to reduce the educational and experience requirements for the various pathways. Lead teacher qualifications In both the current and proposed regulations, the lead teacher is the individual designated to be responsible for the direct supervision of children and for the implementation of the activities and services for a group of children, and there are several pathways to qualify as a lead teacher. The board proposes to add two more pathways:2 (i) a career studies certificate3 in a child-related field with a minimum of 12 total college credits and (ii) a Virginia endorsement4 in a child-related field approved by the Department of Education.
Training: Both the current and proposed regulations require that all staff who work with children complete at least 16 hours of ongoing training each year. Under the current regulation, the required 10-hour preservice orientation does not count toward the first year's 16 hours of required training. The board proposes to allow the ten hours to apply toward the 16 hours required the first year. Both the current and proposed regulations include orientation training requirements for new staff on numerous topics. The board proposes to add requirements for orientation on children's health issues, child development, and classroom management. Under the current regulation, volunteers who work more than six hours per week must receive training on the center's emergency procedures within the first week of volunteering annually thereafter. The board proposes to require this only for volunteers who work more than eight hours per week. Both the current and proposed regulations require that at least two staff members who have current certifications in both CPR and first aid be present on the premises whenever a child is in care, and at least one staff member in each classroom or area must also meet these requirements. In addition, the current regulation requires that there be at least two staff members currently certified in CPR and first aid present on field trips. The proposed regulation would only require one so certified staff member on field trips. The current regulation requires at least one person on duty to be trained in performing daily health observation, but there is no clear requirement for actual daily health checks. The proposed regulation addresses this, by requiring that a trained staff member conducts a daily health observation of each child as close to arrival as possible and whenever staff responsible for the care of a child notes a change in behavior or appearance. The board proposes to add required training for drivers on safety restraints, tracking children, behavioral issues, first aid supplies, emergency procedures, and applicable transportation policies prior to transporting children under the supervision of the center. These topics are not addressed in the current regulation.
Lead Testing: For those new applicants that use a building built before 1978, the board proposes to require that a written statement from a person licensed in Virginia as a lead risk assessor be submitted describing the results of an assessment stating either (i) no lead was detected; (ii) lead was detected and response actions to abate risks to human health have been completed; or (iii) lead was detected and response actions to abate risks to human health have been recommended in accordance with a specified schedule. This would address risks from lead-based paint. Pursuant to Chapters 1084 and 1085 of the 2020 Acts of Assembly, the board proposes to require that each center develop and implement a plan to test potable water for lead and remediate and retest if necessary.
Sleep, Rest, Restrooms, and Diapering: Both the current and proposed regulations state that For overnight care, beds with mattresses or cots with at least two inches of dense padding shall be used by children who are not required to sleep in cribs. The current regulation also states that For overnight care which occurs for a child on a weekly or more frequent basis, beds with mattresses shall be used. The board proposes to eliminate this last requirement. The board proposes to newly require that rest mats have at least one inch of cushioning. The board proposes to newly require that each toileting area provided for children is equipped with a lined waste container. Under the current regulation, the diapers, disposable training pants, and the underwear of children who are toilet training may only be changed on a diapering surface. The board proposes to expand this by also allowing such changes to occur in the bathroom. Also, the board proposes to add that staff shall check diapers and disposable training pants at least once every two hours.
Play Areas, Equipment and Toys: The current regulation requires that a shady area be provided on playgrounds during the months of June, July, and August. The board proposes to extend the shade requirement to May through September. The board proposes to add that washable toys and materials used by infants shall be cleaned and sanitized daily, or more often if necessary. Also, water play tables or tubs that are used must be cleaned and sanitized daily.
Staffing: Under the current regulation, when a center operates more than six hours per day a lead teacher is not required in each grouping of children during the first and last hour of operation and during the designated rest period, given specified conditions. Under the proposed regulation, when a center operates more than eight hours per day a lead teacher is not required in each grouping of children during the first and last 90 minutes of operation and during the designated rest period, given the same specified conditions. The board also proposes to add that a lead teacher is not required in each grouping of children during short breaks and special activities. Under the current regulation, the maximum number of school-age children per staff member is 18;. the board proposes to increase the maximum number to 20. In addition, there is no maximum group size for school-age children under the current regulation. To meet federal requirements,5 the board proposes a maximum of 100 school-age children per group.
Special needs: The board proposes a new requirement that the center work with the parent and the staff assigned to the child to develop a plan to ensure that a child with special needs receives care and activity opportunities appropriate to their individual needs, including specific care and activities recommended by a professional. The plan shall be documented and maintained in the child's record, and updated annually, or more frequently, as necessary.
Swimming: Both the current and proposed regulations require that a certified lifeguard holding a current certification be on duty supervising whenever a child is participating in swimming or wading activities if the pool, lake, or other swimming area has a water depth of more than two feet. The proposed regulation additionally states there be one lifeguard for every 25 children in the water. The current regulation does not require more than one lifeguard regardless of the number of children in the water. The board also proposes to newly require that there be separate staff to supervise children not participating in the swimming and wading (if there are any) regardless of the total number of participating and non-participating children.
First Aid: The current regulation requires that an activated charcoal preparation be at the center and be available on field trips. The board proposes to eliminate this requirement.
Estimated Benefits and Costs. Epinephrine: Anaphylaxis is a severe, life-threatening allergic reaction. It can happen seconds or minutes after a person has been exposed to an allergen. Immediate use of an epinephrine autoinjector can keep anaphylaxis from worsening and can be lifesaving. Thus, the proposed requirements that child day centers possess and store appropriate weight-based dosages of undesignated or stock epinephrine, and that at least one person qualified to administer epinephrine has access to the epinephrine at all times during regular facility hours, has the potential to save the lives of children with undiagnosed allergies in cases when exposure to the allergen may result in anaphylaxis. An EpiPen package comes with two auto-injectors of 0.3 mg and is approved for adults and children who weigh 66 lbs. or more. The EpiPen JR package comes with two auto-injectors of 0.15 mg and is approved for children who weigh 33 lbs. to 66 lbs.6 There are now also Food and Drug Administration (FDA) approved epinephrine auto-injectors of 0.1 mg for infants and toddlers.7 FDA-authorized generic epinephrine is available from CVS at $109.99 per two-pack.8 Epinephrine autoinjectors have a shelf life of 12 to 18 months from the date of manufacture.9 For a child day center with children that fall into all three weight groups, and uses the FDA-authorized generic epinephrine from CVS, it would cost approximately $330 annually to maintain non-expired epinephrine on hand.10 DOE reports that it is already under contract with an outside entity that provides training in medication administration, including epinephrine administration. DOE is proposing a training program for staff at child day centers on the administration of epinephrine by this entity. If the training proposal is approved by VDH, the undesignated or stock epinephrine training would be developed. DOE's plan is for the training to be offered at no monetary cost to the child day centers. There would be staffing costs as those being trained cannot simultaneously take care of the children at the center.
Records: The proposal to require an emergency care plan that has been developed in consultation with a physician or physician's designee for any health issues that are reasonably likely to result in a medical emergency may enable staff to be better prepared to help children in the center when they have a medical emergency, which result in better health outcomes. It would also require additional staff time as well the time of the parent or guardian and a physician or physician's designee. The proposal to expand the exemption from the requirements that the center have documentation of immunizations and physical examinations to include all children when a center assumes responsibility for the child directly from a school or transfers responsibility to the school reduces administrative costs for centers that have such children and saves time for their parents or guardians in providing the documentation. Removing the requirements for the centers to maintain records regarding parent employment, the name and phone number of the child's physician, and addresses of emergency contacts also reduces administrative costs for centers and saves time for their parents or guardians in proving the information. For center staff records, the proposal to eliminate the requirements for emergency contact information and documentation of references saves time and administrative costs for staff and the center.
Health Provisions: The proposal to accept physical examinations for children that occurred up to 12 months before the date the child first attends the center (rather than within a much smaller timeframe) for all ages would likely in some cases eliminate the need for additional appointments for physical exams, saving the time and monetary cost associated with the additional examination. Similarly, the proposal to complete the tuberculosis screening within 90 calendar days before coming in contact with children at the center rather than within the last 30 calendar days of the date of employment may also prevent the need for repeated tests and save associated costs.
Director qualifications and responsibilities: The proposal to reduce the educational and experience requirements for the various pathways to qualify as a center director would reduce the time and tuition costs for at least some candidates to become qualified. This could increase the pool of qualified candidates from which centers could choose to hire a director.
Lead teacher qualifications: Adding two more educational options to qualify as a lead teacher may make it easier for some individuals to qualify and consequently could increase the pool of qualified candidates from which centers could choose to hire lead teachers.
Training: The proposal to allow the 10-hour preservice orientation to count toward the first year's 16 hours of required training could save staff time and the monetary cost of 10 hours of training. The proposal to add children's health issues, child development, and classroom management to the required orientation topics may help staff be better prepared to handle related issues. The proposal to require that a trained staff member conducts a daily health observation of each child and note a change in behavior or appearance may help identify illness or injury and may help reduce transmission of illness within the center. The board proposal to add required training for drivers on safety restraints, tracking children, behavioral issues, first aid supplies, emergency procedures, and applicable transportation policies prior to transporting children under the supervision of the center may help improve child safety during transportation. All of these proposed new requirements would entail additional staff time that could be used in other productive tasks. No longer requiring that volunteers who work more than six hours per week but not more than eight receive training on the center's emergency procedures reduces staff time burden. The proposal to only require one staff member certified in CPR and first aid present on field trips rather than two saves on training and certification costs. American Red Cross Adult and Pediatric First Aid/CPR training and certification costs $108 and takes two hours and 15 minutes, plus travel time11
Lead Testing: According to the U.S. Centers for Disease Control and Prevention, exposure to lead can seriously harm a child's health, causing effects including damage to the brain and nervous system and slowed growth and development. Children may also have learning and behavior problems and hearing and speech problems.12 The proposal to require that each center develop and implement a plan to test potable water for lead and remediate and retest, if necessary, could help prevent children's exposure to lead with its associated health risks. Testing of potable water for lead would cost about $65 for each test.13 Some centers may need to do multiple tests. If remediation is necessary, it can be done using a filter that is certified to reduce lead in drinking water. Such filters are available for approximately $60.14 A separate filter would be needed for each sink, water fountain, etc. The proposal to require new applicants using a building built before 1978 to submit a written statement from a person licensed in Virginia as a lead risk assessor describing the results of an assessment stating either (i) no lead was detected; (ii) lead was detected and response actions to abate risks to human health have been completed; or (iii) lead was detected and response actions to abate risks to human health have been recommended in accordance with a specified schedule could help prevent children in center buildings built prior 1978 from being exposed to lead-based paint with its associated health risks. It would, according to a DOE estimate, cost approximately $1,200. If necessary, the cost of lead paint removal is on average $3,499.15 There would also be the cost of replacing the lead paint with new paint.
Sleep, Rest, Restrooms, and Diapering: The proposed elimination of the requirement that beds with mattresses be used for overnight care which occurs for a child on a weekly or more frequent basis, could save centers the cost of beds with mattresses. Children's beds with mattresses are available for about $95.16 The proposal to also allow the changing of diapers, disposable training pants, or underwear of children who are toilet training to occur in the bathroom, and not only on the diapering surface, may allow for quicker changing of such items, potentially reducing discomfort and the occurrences and severity of rashes. The proposal to require that staff check diapers and disposable training pants at least once every two hours may also reduce discomfort and the occurrences and severity of rashes. If a center is currently using rest mats that have less than one inch of cushioning, it would cost approximately $20 to replace each rest mat with one that has at least one inch of cushioning to meet the proposed minimum cushioning requirement.17 If a center's toileting areas provided for children do not already have a waste container, it would cost approximately $9 to purchase such a container.18 Multiple containers would need to be purchased if there are multiple toileting areas that do not already have waste containers. Garbage bags would also need to be purchased to line the containers.
Play Areas, Equipment, and Toys: The proposal to extend the shade requirement to May through September may help prevent some children from becoming overheated and potentially getting sunstroke or developing other sun-related concerns such as sunburn and the related risk of skin cancer later in life. The proposal may require the use of tents or other shade providing equipment in May and September that would not otherwise been used during those months, but it would not likely require the acquisition of additional equipment since it is already needed in June, July, and August. The proposed cleaning and sanitizing requirements for washable toys, materials used by infants, water play tables and tubs may reduce the spread of infectious diseases, but would also require additional staff time (if this is not already done) as well as additional cleaning supplies.
Staffing: The proposal to allow lead teachers to be able to temporarily step away from the group for short breaks, special activities, and the first and last 90 minutes of operation when a center operates more than eight hours allows additional flexibility in staffing. The proposal to newly require that a lead teacher be in each grouping of children during the first and last hour of operation when a center operates more than six hours per day but not more than eight would reduce flexibility. The proposal to increase the maximum number of school-age children per staff member from 18 to 20 allows centers to earn more revenue by potentially having two additional children paid for each staff member. DOE estimates that average annual tuition is $9,400 per school-age child. Thus, centers could potentially earn an additional $18,800 annually per staff member. If a center has a group or groups of over 100 school-age children, the proposal to have a maximum of 100 school-age children per group may necessitate the hiring of additional staff.
Special needs: The proposal to require that the center work with the parent and the staff assigned to the child to develop a plan for care and activity opportunities appropriate to the child's individual needs may result in enhanced care and protection of children with special needs and allow parents to have more involvement in determining what care and services are best for their child. It would also require additional staff time as well the time of the parent or guardian and possibly the professional expert.
Swimming: The proposal to require an additional lifeguard for each 25 children in the water would help ensure the safety of children participating in swimming and wading activities. Additionally, it would likely require the hiring of an additional lifeguard or lifeguards for centers that provide swimming and wading. The proposal to newly require that there be separate staff to supervise children not participating in the swimming and wading (if there are any), regardless of the total number of participating and non-participating children would also help ensure the safety of children participating in swimming and wading activities, but it may require that an additional staff member be present during swimming and wading activities.
First Aid: The proposal to eliminate the requirement that an activated charcoal preparation be at the center and be available on field trips would save centers about $26.19
Businesses and Other Entities Affected. The proposed amendments affects the 2,629 licensed child day centers in the Commonwealth, as well their staff and customers. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.20 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.21 There are benefits and costs for numerous proposed changes. Not all benefits and not all costs apply to each center. There may be some centers for whom the increased costs and/or reduced benefits for all the proposed changes combined outweigh the reduced costs and/or increased benefits. Such centers would be adversely affected.
Small Businesses22 Affected.23 Types and Estimated Number of Small Businesses Affected: DOE reports that the 2,629 licensed child day centers in Virginia are a combination of different size business entities, non-profit entities and governmental entities. The agency does not have an estimate for the number that are small businesses. Costs and Other Effects: The costs for small centers are as described above in the Estimated Benefits and Costs section. Alternative Method that Minimizes Adverse Impact: There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.
Localities24 Affected.25 The proposal does not disproportionally affect particular localities. Cost changes for centers run by local governments are described in the Estimated Benefits and Costs section.
Projected Impact on Employment. The proposal to require an additional lifeguard for each 25 children may modestly increase the demand for and employment of lifeguards. Though there are some proposed changes that reduce required staff time, it appears that overall, there are greater increases in required staff time. Thus, there may be a small increase in demand for center staff and associated employment.
Effects on the Use and Value of Private Property. There are likely some centers for whom the reduced costs or increased benefits for all the proposed changes combined outweigh the increased costs or reduced benefits, and others for whom the increased costs or reduced benefits for all the proposed changes combined outweigh the reduced costs or increased benefits; the value of the former would likely moderately increase and the value of the latter would likely moderately decrease. The proposal does not affect costs related to the development of real estate.
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1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.
2 Programmatic experience is required in addition to education.
3 The career studies certificate aligns with Virginia Community College System certifications in early childhood education.
4 The endorsement aligns with offerings by agencies contracted with the department to offer such coursework.
5 The Child Care and Development Fund, 45 CFR Part 98, requires that states have group size and ratio requirements for all age groups.
6 See https://www.goodrx.com/epinephrine-epipen/how-to-save-cost.
7 See https://www.fda.gov/media/127806/download.
8 See https://www.cvs.com/content/epipen-alternative.
9 See https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5720482/.
10 Average of $110 per epinephrine auto-injector package, and three separate packages for the three different weight groups.
11 Source: https://www.redcross.org accessed on October 1, 2025.
12 See https://www.cdc.gov/lead-prevention/risk-factors/children.html.
13 Source: https://specialtytesting.com accessed on October 1, 2025.
14 Source: www.amazon.com accessed on October 1, 2025.
15 Source: https://www.angi.com/articles/how-much-cost-removing-lead-paint.htm accessed on October 1, 2025.
16 Source: www.amazon.com accessed on October 1, 2025.
17 Source: www.amazon.com accessed on October 1, 2025.
18 Ibid.
19 Bottles of activated charcoal cost about $13, based on an October 1, 2025, www.amazon.com search. The cost estimate for centers assumes two bottles purchased, one to keep at the center and one for field trips.
20 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.
21 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.
22 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."
23 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.
24 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.
25 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.
Agency Response to Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.
Summary:
The proposed action repeals Standards for Licensed Child Day Centers (8VAC20-780) and replaces it with a new chapter, also called Standards for Licensed Child Day Centers (8VAC20-781). These standards provide criteria for licensing or evaluating the health and safety of care that children receive in licensed child day centers. The proposed amendments to the standards include (i) establishing epinephrine requirements; (ii) updating recordkeeping requirements; (iii) updating the timing of health care examinations and tests; (iv) reducing qualification requirements for directors and lead teachers; (v) enhancing training requirements; (vi) updating requirements pertaining to sleeping, resting, and diapering; (vii) updating requirements pertaining to play areas, equipment, and toys; (viii) changing staffing requirements; (ix) requiring expanded planning for children with special needs; and (x) increasing safety requirements for swimming.
Chapter 781
Standards for Licensed Child Day Centers
Part I
Introduction
8VAC20-781-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly states otherwise:
"Abusive head trauma" means a traumatic injury that is inflicted on the brain of a child, including Shaken Baby Syndrome.
"Age and stage appropriate" means the curriculum, environment, equipment, and adult-child interactions are suitable for the ages and the individual needs of children in care.
"Attendance" means the actual presence of an enrolled child.
"Balanced mixed-age grouping" means a program using a curriculum designed to meet the needs and interests of children in the group and is planned for children who enter the program at three through five years of age. The enrollment in the balanced mixed-age grouping comprises a relatively even allocation of children in each of the ages (three to six years of age) and is designed for children and staff to remain together with turnover planned only for the replacement of existing students with children of ages that maintain the class balance.
"Child" means an individual younger than 18 years of age.
"Child day center" or "center" means a child day program offered to (i) two or more children younger than 13 years of age in a facility that is not the residence of the provider or of any of the children in care or (ii) 13 or more children at any location.
"Child day program" means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child younger than 13 years of age for less than a 24-hour period.
"Child experiencing homelessness" means a child who is homeless as defined in § 725 of Subtitle VII-B of the McKinney-Vento Act (42 USC § 11434a).
"Child with special needs" means a child with developmental disabilities, intellectual disabilities, an emotional disability, sensory or motor impairment, or significant chronic illness who requires special health surveillance or specialized programs, interventions, technologies, or facilities.
"Cleaned" means to scrub and wash with (i) soap and water or (ii) detergent solution.
"Cooperative preschool center" means a center that is organized, administered, and maintained by parents of children in care, parent volunteers, or other persons who participate or volunteer on behalf of a child attending the center.
"Date of employment" means the date that an employee begins to perform services for the child day program, which includes orientation training.
"Department" means the Virginia Department of Education.
"Director" means the individual responsible for supervising the day-to-day operations and staff of the center.
"Enrolled" means that a regular service arrangement has been entered into between a parent and center, where the center has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a 24-hour period during the absence of a parent or guardian.
"Evening care" means care provided between 7 p.m. and midnight.
"Experience in a supervisory capacity" means experience in an administrative position that includes supervising, orienting, training, and scheduling.
"Fall height" means the vertical distance between the highest elevated play surface on play equipment designed for standing, walking, crawling, sitting, or climbing and the protective surface beneath it.
"Field trip" means an activity away from the premises of the center during which children are under the supervision of the center.
"Group" means the group of children under the supervision of one staff member or team of staff members.
"Group size" means the number of children assigned to a staff member or team of staff members occupying an individual room or area.
"Individual service, recreation, education, or treatment plan" means a plan identifying the child's strengths, needs, general functioning, and plan for providing services to the child to include specific goals and objectives for services, accommodations, and intervention strategies. The individual service, recreation, education, or treatment plan clearly shows documentation and reassessment or evaluation strategies.
"Infant" means a child from birth up to 16 months.
"Lead teacher" means the individual designated to be responsible for the direct supervision of children and for the implementation of the activities and services for a group of children. The term lead teacher is used to interpret the term "program leader" in Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia.
"Licensee" means a person to whom a conditional license, license, or provisional license has been issued and who is legally responsible for compliance with the licensing standards related to the operation or maintenance of the center.
"Overnight care" means care provided after 7 p.m. and past midnight.
"Parent" means a parent, guardian, legal custodian, or other person that has control or charge of a child.
"Physician's designee" means an advanced practice registered nurse, licensed physician assistant, licensed nurse (RN or LPN), or health assistant acting under the supervision of a physician.
"Play yard" means a framed enclosure that includes a floor and is primarily intended to provide an area for a child to play.
"Preschool age" means a child who is at least three years of age but has not reached five years of age by September 30 of the school year.
"Primitive camp" means a camp where places of abode, water supply system, or permanent toilet and cooking facilities are not usually provided.
"Programmatic experience" means the supervision of children in a structured setting. Experience shall be calculated based on full-time work (30 hours per week or more) or its part-time equivalent. Experience settings may include a child day program, family day home, child day center, boys and girls club, continuing education, field placement, elementary school, or a religious institution.
"Protective surfacing" means impact absorbing materials for indoor and outdoor use, under and around playground equipment.
"Sanitized" means treated to remove germs, bacteria, and viruses from inanimate surfaces. Sanitizing is accomplished in two steps following cleaning; first by using a sanitizing agent or physical agent (e.g., heat), and second, by allowing the sanitizing agent to air dry on the surface for a minimum of two minutes or according to the manufacturer's instructions.
"Sanitizing agent" means a solution or wipe approved by the U.S. Environmental Protection Agency for sanitizing or disinfecting or a bleach solution made daily.
"School-age" means a child who will have reached the child's fifth birthday on or before September 30 of the school year. Children four or five years of age children may be considered school-age during the summer months if the children will be entering kindergarten that year.
"Short-term program" means a child day center that operates fewer than 12 weeks a year.
"Special needs child day program" means a program exclusively serving children with special needs.
"Staff" or "staff member" means an individual who is at least 16 years of age and (i) works with children at the facility or (ii) is involved in the day-to-day operation of the center.
"Superintendent" means the Superintendent of Public Instruction at the Department of Education and, except when prohibited by law, includes the superintendent's representatives.
"Therapeutic child day program" means a specialized program, including therapeutic recreation programs, exclusively serving children with special needs when an individual service, recreation, education, or treatment plan is developed and implemented with the goal of improving the functional abilities of the children in care.
"Toddler" means a child from 16 months of age up to 24 months of age.
"Twos" means a child from 24 months of age to 36 months of age.
"Use zone" means the surface under and around a piece of equipment onto which a child falling or exiting from the equipment would be expected to land. Use zone areas are also designated for unrestricted circulation around the equipment.
"Volunteer" means an individual who (i) is at least 13 years of age, (ii) works at a center without compensation, (iii) is not counted in the staff-to-child ratios, and (iv) is at all times within sight and sound supervision of a staff member when with a child. An unpaid individual not meeting this definition is considered "staff" and shall meet staff requirements.
"Wading" means a waterplay activity in which children stand, walk, or sit in water less than two feet deep.
8VAC20-781-20. Purpose and applicability.
A. The purpose of these standards is to protect children under the supervision of licensed child day centers by ensuring that the activities, services, and facilities of centers are conducive to the well-being of children.
B. This chapter applies to child day centers that are required to be licensed by Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 of the Code of Virginia.
Part II
Administration
8VAC20-781-30. Operational responsibilities.
A. The licensee shall ensure compliance with federal, state, or local laws and regulations.
B. The licensee shall maintain public liability insurance for bodily injury for each center premises with a minimum limit of at least $500,000 for each occurrence and with a minimum limit of $500,000 aggregate. A public sponsor may have equivalent self-insurance that is in compliance with the Code of Virginia.
C. The center shall maintain a written list, for each group of children, of important health conditions and dietary restrictions. The center shall inform staff about the list. The list shall only be accessible to staff and shall have the most recent date of revision clearly stated. This up-to-date list shall be in each room or area where children are present and kept confidential unless written permission is received from the parent to post, display, or share.
D. A hospital-operated center may temporarily exceed its license capacity during a natural disaster or emergency situation according to the center's emergency preparedness and response plan.
E. When children 13 years of age or older are in care of the program and receive supervision in the licensed program, those children shall be counted in the number of children receiving care and the center shall comply with this chapter in providing care for those children.
F. When children of staff are present at the facility and engaged in activities or under the supervision of staff, including the parent, who are supervising other children enrolled in the program, those children shall be considered enrolled for purposes of this chapter.
G. The center shall implement policies for the possession and administration of undesignated or stock epinephrine pursuant to § 22.1-289.059 of the Code of Virginia that ensure:
1. Undesignated or stock epinephrine is only administered by a nurse at the center, an employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine, or staff at the center authorized by a prescriber and trained in the administration of epinephrine pursuant to 8VAC20-781-170 C to a child believed to be having an anaphylactic reaction;
2. At least one nurse at the center or an employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine, or staff at the center authorized by a prescriber and trained in the administration of epinephrine pursuant to 8VAC20-781-170 C has the means to access at all times during regular facility hours appropriate weight-based dosages of undesignated or stock epinephrine based on the children in care at the center; and
3. Undesignated or stock epinephrine is stored in a locked or inaccessible container or area in the center.
8VAC20-781-40. Recordkeeping.
A. Staff and children's records shall be treated confidentially. A child's record required by this chapter shall be made available to the child's parent in accordance with § 20-124.6 of the Code of Virginia. Information in the child's record shall not be made public without the written consent of the parent.
B. Records and reports on children and staff required by this chapter shall be maintained and made accessible for two years after termination of services or separation from employment unless otherwise specified in this chapter.
C. The licensee shall keep all records required by 8VAC20-781-50 through 8VAC20-781-80 in locked files or a secure electronic file, except for those required to be accessible pursuant to 8VAC20-781-590, and access to the files should be restricted according to a principle of least privilege. Records shall remain accessible during power outages and emergencies.
D. Records required by this chapter shall be kept current and accurate.
8VAC20-781-50. Children's records.
A. Each center shall maintain and keep on the premises a separate record for each child enrolled.
B. Each enrolled child's record shall contain the following information before the first day of attendance, unless otherwise stated:
1. Name, preferred name (if any), sex, birth date of the child, and address;
2. Name, home address, and telephone number of each parent who has custody;
3. Name and telephone number of two designated people to call in an emergency if a parent cannot be reached;
4. Names of persons to whom the child may be released, including agencies with whom the parent has a contract in place to provide a specialized service to the child. Appropriate legal paperwork shall be on file when a custodial parent requests the center not to release the child to the other parent;
5. A list of health issues, including allergies, intolerances to medication or other substances, chronic physical or medical conditions, special needs, dietary restrictions, dietary preferences, pertinent behavioral or developmental information, and special accommodations needed;
6. For items in subdivision 5 of this section that are reasonably likely to result in a medical emergency, an emergency care plan that has been developed in consultation with a physician or a physician's designee;
7. Written agreements as required by 8VAC20-781-410;
8. Previous child day care and schools attended by the child, as well as any child day care or school concurrently attended by the child;
9. Documentation of viewing proof of the child's identity and age as outlined in § 22.1- 289.049 of the Code of Virginia;
10. Documentation of health information as required by 8VAC20-781-80. When a center assumes responsibility for the child directly from a school or the center transfers responsibility of the child directly to the school, the center is not required to maintain documentation required by 8VAC20-781-80 A and B of the school's records for that child;
11. Documentation of the enrollment of a child experiencing homelessness enrolled under the provision of 8VAC20-781-80 C; and
12. The date of initial attendance and the last day of attendance.
C. The center shall document annually that the parent has confirmed that information in the child's record is accurate.
8VAC20-781-60. Staff records.
The following records shall be kept for each staff member:
1. Name, address, verification of age requirement, current job title, and dates of employment or volunteering;
2. Background check information shall be maintained in accordance with the requirements in 8VAC20-770;
3. Documentation that the individual meets the appropriate qualifications and training in Part III (8VAC20-781-90 et seq.) of this chapter. The documentation of training shall include (i) the name of the staff member; (ii) the date of the training; (iii) the training topic; (iv) evidence that the training has been completed; (v) the person providing the training; and (vi) the number of training hours or credit hours received;
4. Health information as required by 8VAC20-781-80; and
5. Information, to be kept on the premises, about health problems that may interfere with fulfilling the job responsibilities.
8VAC20-781-70. Attendance records; reporting.
A. The center shall maintain a record of daily attendance that documents the arrival and departure times of each child as arrival and departure occur.
B. The licensee shall ensure that staff in each group of children maintains a list of children that accurately reflects the children in the licensee's care.
C. The center shall inform the superintendent as soon as practicable, but not to exceed one business day, of the circumstances surrounding the following incidents:
1. Death of a child while under the center's supervision;
2. Missing child when local authorities have been contacted for help;
3. The suspension or termination of all child care services for more than 24 hours as a result of an emergency situation and plans to resume child care; and
4. A situation in which a child's whereabouts was unknown, including a child left unattended or unsupervised, a lost or missing child, or a child who wandered away unattended from the facility.
D. The center shall inform the superintendent as soon as practicable but not to exceed two business days after learning about an injury while a child is under the supervision of the center that required professional medical attention outside of basic first aid.
E. If the center or a person employed by the center has reason to suspect that a child is an abused or neglected child, such person shall report the matter immediately in accordance with § 63.2-1509 of the Code of Virginia.
F. A center shall immediately report an outbreak of disease as defined by the State Board of Health to the local health department, as required by § 32.1-37 of the Code of Virginia.
8VAC20-781-80. Health provisions.
A. Immunizations. The center shall comply with the health provisions of § 22.1-271.2 of the Code of Virginia.
B. Physical examinations.
1. The center shall obtain documentation of a report from a qualified licensed physician, or an advanced practice registered nurse or licensed physician assistant acting under the supervision of a licensed physician, of a comprehensive physical examination performed within (i) 12 months before the date a child first attends the center or (ii) 30 days after the first day of attendance.
2. A physical examination shall not be required of a child whose parent objects on religious grounds and who shows no visual evidence of sickness, provided that the parent shall state in writing that, to the best of the parent's knowledge, the child is in good health and free from a communicable or contagious disease.
C. If a child is experiencing homelessness and does not have documentation of the required immunizations and physical examination, the center shall allow the child to attend during a grace period of no more than 90 days to allow the parent time to obtain documentation of the required documents.
D. Tuberculosis.
1. Before a staff member's date of employment, the results of a screening assessment documenting the absence of tuberculosis in a communicable form shall be submitted to the center. The documentation shall contain the elements of the current tuberculosis screening form published by the Virginia Department of Health and shall have been completed within 90 calendar days before coming in contact with children at the center.
2. A staff member or volunteer who develops symptoms compatible with active tuberculosis disease, regardless of the date of the last tuberculosis screening or assessment, shall immediately obtain and submit a new tuberculosis screening form required in subdivision 1 of this subsection.
3. A staff member or volunteer who comes into contact with a known case of infectious tuberculosis shall immediately obtain and submit to the center a new tuberculosis screening form required in subdivision 1 of this subsection. Until a new screening form is issued that documents the absence of tuberculosis in a communicable form, the staff member shall not have contact with children.
Part III
Staff Qualifications and Training
8VAC20-781-90. Director qualifications.
A. Directors shall be at least 21 years of age and shall have a high school diploma or the equivalent.
B. The director shall meet one of the following education and experience qualification options, as well as three months of experience in a supervisory capacity:
1. A bachelor's or graduate degree in a child-related field, such as child development, early childhood education, elementary education, recreation, or nursing, and three months programmatic experience.
2. Forty-eight college credits with 12 college credits in child-related courses and six months of programmatic experience;
3. The requirement for a lead teacher in 8VAC20-781-110 B 1 and one year of programmatic experience; or
4. The requirement for a lead teacher in 8VAC20-781-110 B 2 and two years of programmatic experience.
C. Directors without experience in a supervisory capacity shall complete, within 10 business days of employment or promotion, 10 hours of management training that includes information on supervising, orienting, training, and scheduling.
D. Notwithstanding subsection A of this section, an individual who is at least 19 years of age may serve as a director at a short-term program.
E. A director employed before (insert effective date of regulation) who met the education and experience qualifications in effect immediately before (insert effective date of regulation), and who has been continuously employed as a child day center director is considered to have met the requirements of this section.
8VAC20-781-100. Director responsibilities.
A. The licensee shall ensure that the director or one or more staff designated to assume the director's responsibilities who meets the requirements of 8VAC20-781-90 and who has received orientation and training on operation in the director's absence is on the premises for at least 50% of the center's hours of operation each week.
B. When the director or designee is not on the premises, the licensee shall designate a staff member at least 18 years of age to be on the premises of the center to oversee the administration of the center during the center's hours of operation.
8VAC20-781-110. Lead teacher qualifications.
A. Lead teachers shall be at least 18 years of age and shall have a high school diploma or the equivalent.
B. Lead teachers shall meet a director qualification stated in 8VAC20-781-90 or one of the following education and experience requirements:
1. Three months of programmatic experience and one of the following:
a. A one-year community college certificate in a child-related field with a minimum of 30 total college credits;
b. A career studies certificate in a child-related field with a minimum of 12 total college credits;
c. A teaching diploma from an internationally or nationally recognized Montessori organization; or
d. A credential in a child-related field by an organization listed in § 22.1-289.048 of the Code of Virginia or an equivalent credential recognized by the department.
2. Six months of programmatic experience and:
a. A Virginia endorsement in a child-related field approved by the department; or
b. Twenty-four hours of training in the following topics: child development, behavior guidance, playground safety, and health and safety issues. This training shall be completed before being promoted or beginning work or within 60 days after being promoted or beginning work. Orientation training required by 8VAC20-781-130 B and C shall not be used to meet this qualification.
C. Lead teachers at short-term programs shall have a minimum of 200 hours of programmatic experience, of which up to 24 hours can be formal training.
D. A lead teacher employed before (insert effective date of regulation), who met the education and experience qualifications in effect immediately before (insert effective date of regulation), and who has been continuously employed as a child day center lead teacher is considered to have met the requirements of this section.
8VAC20-781-120. Driver qualifications and requirements.
A. An individual who drives a vehicle to transport children for the center shall (i) be at least 18 years of age; (ii) possess a valid driver's license that authorizes the driver to operate the vehicle being driven; and (iii) provide, before transporting children, a driving record obtained from the state department of motor vehicles that issued the current license.
B. Centers that have obtained insurance for all individuals who transport children shall not be required to provide a driving record as required in subsection A of this section.
8VAC20-781-130. Orientation training.
A. The licensee shall ensure that all staff who will work with children complete the preservice training sponsored by the department within 90 calendar days of their date of employment. A staff member who has documentation of completing the preservice training shall not be required to retake the course.
B. The center shall provide orientation training to all staff who will work with children. The orientation training shall be completed by staff before working alone with a child and within seven days of the staff member's date of employment. The orientation training shall include all the following facility specific topics relevant to the staff member’s job responsibilities:
1. Recognizing child abuse and neglect and the legal requirements for reporting suspected child abuse and neglect as required by § 63.2-1509 of the Code of Virginia;
2. Introduction and orientation to each child assigned to staff, including health issues documented according to 8VAC20-781-50 B 5;
3. Child development;
4. Classroom management;
5. Abusive head trauma prevention and, if serving infants or toddlers, prevention of shaken baby syndrome, coping with crying babies and distraught children;
6. Safe sleeping practices and sudden infant death syndrome awareness;
7. Playground safety to include (i) how staff will engage in the active supervision of children and (ii) maintenance of equipment and protective surfacing;
8. The supervision of children and all the requirements of Part V (8VAC20-781-260 et seq.) of this chapter to include (i) methods of active supervision of children; (ii) how the center will ensure that each group of children receives care by consistent staff or team of staff members; (iii) how the center will identify where children are at all times, including during group transitions and field trips; (iv) actions to take when a child arrives after scheduled activities have begun, including field trips or when the group is off site or not in the assigned room when the child arrives; and (v) maintaining staff-to-child ratios;
9. Assuming and releasing care of children to include (i) the method of confirming the absence of a child when the child is scheduled to arrive from another program or from an agency responsible for transporting the child to the center; (ii) the method for verifying that children are released only to individuals authorized by the parents; and (iii) child pickup after normal hours, during emergencies, and when a child's class is off site or not in the assigned area;
10. Actions to take in case of a lost or missing child, ill or injured child, or when a child has a medical or other emergency;
11. Confidentiality, including how records will be kept confidential and secure and how the privacy of children will be maintained, including expectations for communications, use of technology, and social media;
12. Food service, storage, safety and preparation, and nutrition, according to the requirements of 8VAC20-781-610 and 8VAC20-781-620;
13. Emergency procedures and written safety rules according to requirements of 8VAC20-781-450 and 8VAC20-781-460;
14. Emergency preparedness and response according to the requirements of Part IX (8VAC20-781-580 et seq.) of this chapter;
15. The center's transportation policies according to the requirements of 8VAC20-781-630 and 8VAC20-781-640, including accounting for children before leaving for a field trip, upon arriving at a field trip site, before leaving a field trip site, upon returning to the center, and during any stops on the field trip;
16. The center's policies and procedures for medication according to the requirements of Part VIII (8VAC20-781-510 et seq.) of this chapter;
17. Behavior guidance according to the requirements of 8VAC20-781-370 and 8VAC20-781-380;
18. Parent engagement, communication, notification, and agreements according to the requirements of 8VAC20-781-390, 8VAC20-781-400, and 8VAC20-781-410;
19. Preventing the spread of disease and infection control according to the requirements of Part VII (8VAC20-781-470 et seq.) of this chapter; and
20. Prevention of and response to emergencies due to food and other allergies, including:
a. Recognizing the symptoms of an allergic reaction;
b. Responding to allergic reactions;
c. Preventing exposure to the specific foods and other substances to which a child is allergic; and
d. Preventing cross-contamination.
C. The licensee shall ensure that all staff who work with children, within 30 days of the staff member's date of employment, complete an overview of first aid and cardiopulmonary resuscitation (CPR) skills.
D. The licensee shall ensure that the director completes the prelicensure orientation sponsored by the department within 60 days of the director's date of employment or promotion. A director who has documentation of completing the prelicensure orientation shall not be required to retake the orientation.
E. Volunteers who regularly work with children more than eight hours per week shall receive training on the center's emergency procedures within the first week of volunteering. The center shall document and maintain a record that the volunteer received the training.
F. Parents or other persons who participate in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including such parents and persons who are counted for the purpose of determining staff-to-child ratios, shall be exempt from orientation and training requirements applicable to staff of child day programs by this section. This orientation and training exemption shall not apply to a parent or other person who participates in a cooperative preschool center that has entered into a contract to provide child care services funded by the Child Care and Development Block Grant.
8VAC20-781-140. Ongoing training.
A. The licensee shall ensure that all staff complete annual training on emergency preparedness and response, child abuse and neglect, and mandated reporter requirements.
B. The licensee shall ensure that all staff who work with children complete at least 16 hours of ongoing training each year. Of these 16 hours, three hours shall include the department's health and safety update course. The ongoing training shall not include the training required by 8VAC20-781-130 B or C. The ongoing training shall be relevant to the staff member's job responsibilities and appropriate to the age of children in care.
C. Notwithstanding the requirements of 8VAC20-781-140 B, a center that runs a short-term program shall ensure that all staff who work with children complete at least 10 hours of ongoing training each year.
D. Volunteers who regularly work with children more than eight hours per week shall be required to complete annual training on the center's emergency procedures. The center shall document and maintain a record that the volunteer received the training.
E. Parents or other persons who participate in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including parents and persons who are counted for the purpose of determining staff-to-child ratios, shall only be required to complete four hours of ongoing training each year. A parent or other person who participates in a cooperative preschool center that has entered into a contract to provide child care services funded by the Child Care and Development Block Grant shall complete the training requirements applicable to all centers by this section.
8VAC20-781-150. First aid training and cardiopulmonary resuscitation (CPR).
A. The licensee shall ensure that at least two staff members who have the following certifications are present on the premises whenever a child is in care:
1. Current certification in cardiopulmonary resuscitation (CPR) as appropriate to the age of the children in care from an individual or organization holding instructor certification. The training shall include an in-person competency demonstration; and
2. Current certification in first aid from an individual or organization holding instructor certification.
B. The licensee shall ensure that at least one staff member in each classroom, area, or in each group of children on field trips where children are present meets the qualifications in subsection A of this section.
C. A primitive camp shall have one staff member on the premises who has a current certification in emergency medical responder training whenever the primitive camp has assumed responsibility for supervising a child.
D. Medical professionals with a current license or certification shall not be required to obtain first aid certification.
8VAC20-781-160. Daily health observation training.
A. The licensee shall ensure that there is at least one staff member on the premises who has obtained instruction within the last three years in performing daily health observations of children whenever the center has assumed responsibility for supervision of a child.
B. Daily health observation training shall include the following:
1. Components of daily health check for children;
2. Inclusion and exclusion of the child from the class when the child is exhibiting physical symptoms that show possible illness;
3. Descriptions of how diseases are spread and the procedures or methods for reducing the spread of disease;
4. Information concerning the Virginia Department of Health Notification of Reportable Diseases pursuant to 12VAC5-90-80 and 12VAC5-90-90, also available from the local health department and the website of the Virginia Department of Health; and
5. Staff occupational health and safety practices in accordance with Occupational Safety and Health Administration's bloodborne pathogens regulation (29 CFR 1910.1030).
C. The licensee shall ensure that a trained staff member conducts a daily health observation of each child as close to arrival as possible and whenever staff responsible for the care of a child notes a change in behavior or appearance.
8VAC20-781-170. Medication administration training.
A. The licensee shall ensure that the administration of prescription medication is performed by a staff member who (i) is licensed by the Commonwealth of Virginia to administer such medications or (ii) is qualified under § 54.1-3408 O of the Code of Virginia to administer medication to a child in a child day program and has satisfactorily completed a training program approved by the Board of Nursing and taught by a registered nurse, licensed practical nurse, an advanced practice registered nurse, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist.
B. To safely perform medication administration practices listed in 8VAC20-781-530, whenever the center has agreed to administer over-the-counter medications other than topical skin gel, cream, or ointment, the administration shall be performed by a staff member who has satisfactorily completed a training course developed or approved by the department in consultation with the Virginia Department of Health and the Board of Nursing and taught by a registered nurse, licensed practical nurse, an advance practice registered nurse, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist or by a staff member who is licensed by the Commonwealth to administer medications.
C. The administration of undesignated or stock epinephrine shall be performed by:
1. A nurse at the center or employee of a local health department authorized by a prescriber and trained in the administration of epinephrine;
2. A staff member at the center who is authorized by a prescriber and meets the requirements of subsections A, B, and D of this section;
3. A staff member who has satisfactorily completed a training course developed or approved by the department in consultation with the Virginia Department of Health; or
4. A staff member who has satisfactorily completed a course taught by a registered nurse, licensed practical nurse, an advance practice registered nurse, physician assistant, doctor of medicine or osteopathic medicine, or pharmacist that includes the following:
a. Recognizing signs and symptoms of anaphylaxis;
b. Emergency procedures for responding to anaphylaxis; and
c. Instructions and procedures for administering epinephrine.
D. Staff required to have medication administration training and training in the administration of undesignated or stock epinephrine shall be retrained at three-year intervals.
8VAC20-781-180. Driver training requirements.
The licensee shall ensure that an individual who drives a vehicle to transport children has received the following training before transporting children under the supervision of the center:
1. Proper use of child safety restraints in accordance with Virginia state law;
2. Proper loading, unloading, and tracking of children per center policies;
3. Issues that may arise in transporting children with behavioral issues;
4. The location of first aid supplies;
5. The emergency procedures for the vehicle, including actions to be taken if an accident occurs, vehicle malfunction, and medical emergencies; and
6. The center's transportation policies according to the requirements of 8VAC20-781-630 and 8VAC20-781-640, including accounting for children before leaving for a field trip, upon arriving at a field trip site, before leaving a field trip site, upon returning to the center, and any stops on the field trip.
Part IV
Physical Plant
8VAC20-781-190. Initial approval from other agencies; requirements before initial licensure.
A. Before issuance of an initial license, the center shall submit to the superintendent written documentation of the following:
1. Inspection by the authority that has jurisdiction that each building is in compliance with applicable building and fire codes or that the authority has approved a plan of correction for areas of noncompliance; and
2. Inspection from the local health department that each building is in compliance with applicable health codes with regard to water supply, sewage disposal system, and food service, if applicable, or a plan of correction approved by the local health department for areas of noncompliance.
B. A building that is currently approved for school occupancy and houses a public or private school during the school year shall be considered to have met the requirements of subdivision A 1 of this section when housing a center only serving children two and a half years of age or older.
C. Asbestos.
1. For buildings built before 1978, the center shall submit the following before the initial license is issued:
a. A written statement from a person licensed in Virginia as an asbestos inspector and management planner as required by § 22.1-289.052 of the Code of Virginia and the requirements of the Asbestos Hazard Emergency Response Act (15 USC § 2641 et seq.); and
b. A written statement that the response actions to abate risks to human health have been or will be initiated in accordance with a specific schedule and plan as recommended by the asbestos management planner in accordance with § 22.1-289.052 of the Code of Virginia.
2. If the asbestos inspector determines that there is asbestos on the premises, the center shall post a notice that (i) identifies the presence and location of asbestos containing materials and (ii) advises that the asbestos inspection report and management plan are available for review.
D. Lead.
1. For buildings built before 1978, the center shall submit the following before the initial license is issued:
a. A written statement from a person licensed in Virginia as a lead risk assessor who meets the requirements of § 54.1-500 of the Code of Virginia; and
b. A written lead risk assessment shall state that either (i) no lead was detected, (ii) lead was detected and response actions to abate risks to human health have been completed, or (iii) lead was detected and response actions to abate risks to human health have been recommended in accordance with a specified schedule.
2. A notice regarding the presence and location of lead containing materials advising that the lead inspection report and management plan are available for review shall be posted.
3. The provisions of this subsection do not apply to centers licensed before (insert the effective date of this chapter).
E. The provisions of subsections C and D of this section do not apply to centers located in buildings required to be inspected according to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2 of the Code of Virginia.
F. Before the first license is issued, primitive camps shall (i) notify the responsible fire department and emergency medical service of the primitive camp location and hours of operation and (ii) maintain documentation of the notifications.
8VAC20-781-200. Annual and renewal approval from other agencies; requirements after initial licensure.
A. Before use of newly constructed, renovated, remodeled, or altered buildings or sections of buildings, the center shall submit to the superintendent written documentation of the following:
1. Inspection by the authority that has jurisdiction that each building is in compliance with applicable building and fire codes or that the authority has approved a plan of correction for areas of noncompliance; and
2. Inspection from the local health department that each building is in compliance with applicable health codes with regard to water supply, sewage disposal system, and food service, if applicable, or a plan of correction approved by the local health department for areas of noncompliance.
B. A building that is currently approved for school occupancy and houses a public or private school during the school year shall be considered to have met the requirements of subdivision A 1 of this section when housing a center only serving children two and a half years of age or older.
C. The center shall provide to the superintendent an annual fire inspection report from the appropriate fire official that has jurisdiction.
D. If a center is located in a building currently housing a public or private school, the center shall provide the school's annual fire inspection report.
E. The center shall provide to the superintendent an annual inspection from the local health department that each building is in compliance with applicable health codes with regard to water supply, sewage disposal system, and food service, if applicable, or a plan of correction approved by the local health department for areas of noncompliance.
F. If a center is using a building where asbestos containing materials were detected and not removed, the center shall follow the recommendations of the management plan and ensure the following:
1. A signed, written statement that the center is following the recommendations of the management plan shall be submitted to the superintendent before a license is issued.
2. The notice regarding the presence and location of asbestos containing materials and advising that the asbestos inspection report and management plan are available for review shall continue to be posted.
3. The provisions of this subsection do not apply to child day centers located in buildings required to be inspected according to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2 of the Code of Virginia.
G. Primitive camps shall (i) notify the responsible fire department and the responsible emergency medical service of changes in the primitive camp location and hours of operation and (ii) maintain documentation of the notifications.
H. For those buildings built before 1978 where lead is detected and not removed:
1. A signed, written statement that the center is following the recommendations of the management plan shall be submitted to the department before a license is issued.
2. A notice regarding the presence and location of lead advising that the lead inspection report and management plan are available for review shall continue to be posted.
3. The provisions of this subsection do not apply to child day centers located in buildings required to be inspected according to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of Title 2.2 of the Code of Virginia.
4. The provisions of this subsection do not apply to centers licensed before (insert the effective date of this chapter).
8VAC20-781-210. Building maintenance.
A. The center shall maintain the areas and equipment of the center, inside and outside, in a clean, safe, and operable condition. Unsafe conditions include splintered, cracked, or otherwise deteriorating wood; peeling paint; visible cracks, bending, warping, rusting, or breakage of equipment; loose or unsecured cords within reach of children; and unstable heavy equipment, furniture, or other items that a child could pull down.
B. The licensee shall ensure the following:
1. Hot water accessible to children does not exceed 120°F.
2. The heating system shall (i) be installed to prevent accessibility of the system to children and (ii) have appropriate barriers to prevent children from being burned, shocked, or injured from heating equipment. In addition, proper supervision shall be available to prevent injury.
3. Portable heaters shall only be used to provide or supplement heat if a power failure or similar emergency occurs. The licensee shall ensure that portable heaters are inaccessible to children and have the seal of approval of a nationally recognized testing laboratory or are approved by the state or local fire official. Portable heaters shall not be used within three feet of combustible materials and shall be used in accordance with manufacturer instructions.
4. Portable camping equipment for heating or cooking that is not required to be approved by the building official shall bear the label of a nationally recognized inspection agency and be used in accordance with manufacturer specifications, except for charcoal and wood-burning cooking equipment.
5. Unvented fuel burning heaters are not used when children are in care.
6. Electrical outlets and surge protectors accessible to children who are preschool age and younger are tamper-resistant or have protective covers.
7. Electrical cords are not spliced, deteriorated, or damaged, and unsecured electrical cords are inaccessible to children preschool age and younger.
8. Extension cords have the seal of a nationally recognized testing laboratory, are not overloaded, and are not placed through doorways, under carpeting, or across water source areas.
9. When in use, fans shall be out of reach of children and cords shall be secured.
10. In inside areas occupied by children, the temperature shall be maintained no lower than 68°F.
11. When the temperature of indoor areas occupied by children exceeds 80°F, fans or other cooling systems are used.
12. Safe drinking water is available to children at all times.
13. Equipment shall include (i) outside lighting provided at entrances and exits used by children before sunrise or after sundown and (ii) an in-service telephone or cell phone that is operable and accessible to staff on premises during the center's hours of operation.
14. Hazardous mechanical or electrical equipment are inaccessible to children.
C. Pursuant to § 22.1-289.058 of the Code of Virginia, each building built before 2015 used to operate a licensed child day center shall be equipped with one carbon monoxide detector.
D. Pursuant to § 22.1-289.057 of the Code of Virginia, the license shall:
1. a. Develop and implement a plan to test potable water;
b. Remediate and retest if necessary; and
c. Submit results of initial testing and retesting to the superintendent and the Department of Health’s Office of Drinking Water; or
2. Use for human consumption, as defined by § 32.1-167, bottled water, water coolers, or other similar water source that meets the U.S. Food and Drug Administration (FDA) standards for bottled water. The licensee shall notify the superintendent, the Virginia Department of Health's Office of Drinking Water, and the parent of each child enrolled in the program if the water is not tested or if the program does not remediate when lead is present and instead chooses to use another water source that meets FDA standards for bottled water.
8VAC20-781-220. Hazardous substances and other harmful agents.
A. The licensee shall ensure that hazardous substances and chemicals, including cleaning products, sanitizing agents, pesticides, flammable and explosive materials, and substances labeled as keep out of reach of children, toxic, danger, caution, warning, flammable, harmful if swallowed, causes burns, harmful vapor, or poison are stored in the following manner:
1. Inaccessible to children in a location that is locked. If a key is used, the key shall be inaccessible to children;
2. In the original container or a substitute container with the contents clearly labeled; and
3. In areas physically separate from food and items used for food preparation or food service.
Cleaning supplies to clean and sanitize the diapering area or toilet chairs do not need to be kept locked during diapering or toilet training time if they are inaccessible to children.
B. Items such as cosmetics, personal care items, and air fresheners that are used exclusively by staff or volunteers shall be inaccessible to children but are not required to be locked.
C. The licensee shall ensure that smoking and the use of electronic smoking devices are prohibited in the interior of a center while children are in care, in vehicles when children are being transported, or outdoors in the presence of children.
D. Hazardous items.
1. Empty plastic bags large enough for a child's head to fit inside, disposable gloves, and rubber or latex balloons shall be inaccessible to children younger than three years of age;
2. Items with a diameter of less than 1-1/4 inch and a length of less than 2-1/4 inches shall be inaccessible to children younger than three years of age; and
3. Strings and cords long enough to encircle a child's neck, such as those found on window blinds or drapery cords, shall be inaccessible to children younger than six years of age.
8VAC20-781-230. Areas.
A. Indoor space shall be measured inside wall-to-wall, excluding spaces not routinely used by children. Areas not routinely used for children's activities, such as offices, hallways, restrooms, kitchens, storage rooms, or closets, shall not be calculated as available space.
B. Centers shall have 35 square feet of indoor space available for each child.
C. Licensees that were licensed before (insert the effective date of this regulation) and subsequent licensees that operate in buildings approved before June 1, 2008, shall have 25 square feet of indoor space available for each child 16 months of age and older.
D. The center shall designate a separate space for children who are ill or injured.
E. The licensee shall ensure that space utilized for an outside play area has at least 75 square feet of space per child.
F. For centers licensed for the care of infants or toddlers, at least 25 square feet of the 75 square feet required in subsection E of this section shall be an unpaved surface.
G. Infants and toddlers shall have a separate outdoor play area or shall not occupy the outdoor play area at the same time as preschool and school-age children.
8VAC20-781-240. Toileting areas and furnishings.
A. Centers shall have at least two toilets and two sinks.
B. The licensee shall ensure that each toileting area provided for children:
1. Is within a contained area, readily available, and within the building used by the children. Toilets used by children at primitive camps are not required to be located within the building.
2. Has flushable toilets.
3. Has sinks located near the toilets that are supplied with running water.
4. Is equipped with a lined waste container, soap, toilet paper, and disposable towels or an air dryer within reach of children.
C. Centers shall have at least one toilet and one sink per 20 preschool children and at least one standard-size toilet and one sink per 30 school-age children. When sharing restroom areas with other programs, the children in those programs shall be included in the toilet and sink ratio calculations. The toilet and sink ratio appropriate to the younger age group shall apply. Urinals shall not count for more than 50% of the number of toilets in the toileting area.
D. When child-size toilets, urinals, and low sinks are not available in restrooms used by children of preschool age and younger, one or more platforms or sets of steps shall be provided. Platform steps shall be anchored or broad based to prevent toppling and have a non-slip surface.
E. A toileting area used for school-age children shall have at least one toileting area enclosed.
8VAC20-781-250. Indoor and outdoor play areas and equipment.
A. Outdoor play areas shall be located and designed to protect children from hazards including bodies of water and vehicular traffic.
B. Indoor and outdoor playground and climbing equipment shall be age appropriate for the children using it.
C. For child day centers licensed before (insert the effective date of this regulation), where playground equipment is provided, protective surfacing shall comply with minimum safety standards when tested in accordance with the procedures described in the American Society for Testing and Materials standard F1292-99 as shown in Table 1 (Compressed Loose Fill Synthetic Materials Depth Chart) and Table 2 (Use Zones for Equipment) below and shall be under equipment with moving parts or climbing apparatus to create a use zone free of hazardous obstacles. A use zone shall encompass sufficient area to include the child's trajectory if a fall occurs while the equipment is in use. Where steps are used for accessibility, protective surfacing is not required.
|
Table 1.
Compressed Loose Fill Synthetic Materials Depth Chart
|
|
Loose-fill Material Type
|
Required Depth
|
Maximum Equipment Fall Height
|
|
Engineered wood fiber
|
6 inches
|
7 feet
|
|
9 inches
|
8 feet
|
|
Pea gravel
|
6 inches
|
4 feet
|
|
9 inches
|
5 feet
|
|
Recycled shredded rubber
|
6 inches
|
8 feet
|
|
Sand
|
6 inches
|
8 feet
|
|
Wood chips
|
6 inches
|
7 feet
|
|
9 inches
|
8 feet
|
|
Wood mulch
|
6 inches
|
7 feet
|
|
9 inches
|
10 feet
|
|
Wood mulch-double shredded
|
6 inches
|
6 feet
|
|
9 inches
|
10 feet
|
D. Depth requirements in this section are required unless the facility has received documentation of third-party laboratory testing verifying that the type, depth of protective surfacing, or installation process used at the facility complies with the most recent recommendations by the U.S. Consumer Product Safety Commission's (CPSC) Public Playground Safety Handbook.
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Table 2.
Use Zones for Equipment
|
|
Equipment
|
Use Zone
|
|
Stationary Equipment
|
Six feet on all sides of the equipment.
|
|
Slides
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Six feet on all sides. The use zone in front of the exit shall be a minimum of 6 feet and at least as long as the slide is high up to a maximum of 8 feet.
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|
Swings
|
Six feet on each side. Twice the height of the swing beam in the front and back of the swing.
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E. For child day centers licensed after (insert the effective date of this regulation) where playground equipment is provided, protective surfacing and use zones shall comply with protective surfacing requirements in the most current U.S. Consumer Product Safety Commission's (CPSC) Public Playground Safety Handbook.
F. Use zones shall be free of obstacles, including containment barriers for protective surfacing, and shall extend a minimum of six feet in all directions from the perimeter of the equipment.
G. Climbing equipment and swings shall not be installed over asphalt or concrete unless the asphalt or concrete is:
1. Covered with a properly installed unitary surfacing material; or
2. Covered with a loose-fill surfacing system (see Table 3). A loose-fill surfacing system shall include the following layers of protection:
a. Immediately over the hard surface there shall be a three- to six-inch base layer of loose-fill gravel for drainage;
b. The next layer shall be a geo-textile cloth;
c. On top of the geo-textile cloth there shall be a loose-fill layer meeting the requirements of Table 1 of this section; and
d. Impact attenuating mats shall be embedded in the top loose-fill layer in high traffic areas. High traffic areas include underneath swings, at slide exits, and other places where displacement is likely.
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Table 3.
Loose-Fill Surfacing System Requirements for Use Over Asphalt or Concrete
|
|
Layer 5: Impact mats- under swings and slide exits
|
|
Layer 4: Loose-fill surface material- as required by 8VAC20-781-250 C
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|
Layer 3: Cloth barrier- geo-textile cloth
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Layer 2: Drainage layer- three to six inches of gravel
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|
Layer 1: Hard Surface of existing asphalt or concrete
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H. Ground supports shall be covered with materials that protect children from injury.
I. Swing seats shall be constructed with flexible material such as rubber, canvas, or nylon.
1. Nonflexible molded swing seats shall only be used in a separate infant or toddler play area.
2. Swings made specifically for a child with a special need is permitted if a staff member is positioned to see and protect other children who might walk into the path of the swing.
3. Multi-axis swings including tire swings (i) shall not use steel belted tires, and (ii) the minimum clearance between the seating surface of the swing and the uprights of the supporting structure shall be 30 inches when the seat is in a position closest to the support structure.
J. Sandboxes shall be covered when not in use.
K. A shady area shall be provided in outdoor play areas during the months of May through September.
L. Play equipment used by children shall meet the following requirements:
1. Openings above the ground or floor that allow a 3 ½ inch by 6 ¼ inch rectangle to fit through shall also allow a nine-inch circle to fit through to prevent entrapment of a child’s body or body part.
2. All hooks, such as S-hooks and C-hooks, shall be properly closed and shall not be open more than 0.04 inches and less than the thickness of a dime; and
3. Have no protrusions, sharp points, shearing points, or pinch points.
M. The maximum fall height of slides and climbing equipment installed before June 1, 2005, and used by toddlers, twos, and preschool children, shall be seven feet high when outdoors, and five feet high when indoors.
N. The maximum fall height of slides and climbing equipment installed after June 1, 2005, and used by toddlers, twos, and preschool children, shall be six feet high when outdoors, and five feet when indoors.
O. Indoor slides and climbing equipment with a fall height over 18 inches shall not be over bare flooring.
P. Indoor slides and climbing equipment with a fall height of 36 inches or more shall be located over protective surfacing.
Q. Slides shall not have spaces or gaps that could trap strings, clothing, or body parts between the platform and the start of the slide chute.
R. Trampolines shall not be used.
S. When inflatable equipment is used, the equipment shall be assembled, maintained, and used in accordance with the manufacturer’s instructions.
T. The requirements of this section shall not prohibit child day programs providing care for preschool or school-age children at a location that is currently approved by the department or recognized as a private school by the State Board of Education for school occupancy and that houses a public or private school during the school year from permitting preschool or school-age children to use outdoor play equipment and areas approved for use by students of the school during school hours.
Part V
Staffing and Supervision
8VAC20-781-260. Supervision of children.
A. The licensee shall ensure that staff provide for the safety of children under the supervision of the center.
B. The licensee shall ensure that staff remain alert to the needs of the children in the care of the center.
C. Whenever a child is in the care of the center, there shall be on the premises at least (i) a lead teacher and (ii) a staff member or volunteer who has received training on how to contact appropriate authorities if an emergency occurs.
D. There shall be at least one staff member who meets the qualifications of a lead teacher in each group of children, except during short breaks and special activities.
E. A lead teacher is not required in each grouping of children during the first and last 90 minutes of operation when a center operates more than eight hours per day and during the designated rest period if the following are met:
1. There is a staff member in the group who is older than 18 years of age and has at least three months of programmatic experience;
2. There is an additional staff member on premises who meets lead teacher qualifications, is not counted in the staff-to-children ratios, and is immediately available to help if needed; and
3. There is a direct means for communicating between these two staff members.
F. For children younger than 10 years of age, the licensee shall ensure sight and sound supervision by staff who are always physically present without separation by a physical barrier, except that staff need only be able to hear a child who is using the restroom, provided that:
1. There is a system to ensure that individuals who are not staff members or persons allowed to pick up a child in care are not present in the restroom area while in use by children;
2. Staff check on a child who has not returned from the restroom after five minutes. Depending on the location and layout of the restroom, staff shall provide intermittent sight supervision of the children in the restroom area during this five-minute period to ensure the safety of children and to provide assistance to children as needed; and
3. Staff can hear or see the children. Video equipment, intercom systems, or other technological devices shall not substitute for staff being able to directly see or hear children.
G. Children 10 years of age and older shall be within sight and sound supervision of staff, except when the following requirements are met:
1. Staff can hear or see the children. Video equipment, intercom systems, or other technological devices shall not substitute for staff being able to directly see or hear children;
2. Staff are nearby to provide immediate intervention if needed;
3. There is a system to ensure that staff know where the children are and what they are doing;
4. There is a system to ensure that individuals who are not staff members or persons allowed to pick up children in care are not present in the areas where children are not under sight supervision; and
5. Staff provide sight and sound supervision of the children at variable and unpredictable intervals not to exceed 15 minutes.
H. When the outdoor activity area is not adjacent to the center, there shall be at least two staff members on the outdoor activity area whenever one or more children are present.
8VAC20-781-270. Staff-to-children ratio and group size requirements.
A. The maximum group size limitations specified in Table 1 shall be followed whenever children are in care.
Table 1.
Maximum Group Size Requirements |
|
Age |
Maximum Group Size |
| 1. |
Birth to 16 months |
12 |
| 2. |
16 months to 24 months |
15 |
| 3. |
2 years of age |
24 |
| 4. |
3 years of age to school-age eligibility |
30 |
| 5. |
School-age eligible through 12 years of age |
100 |
B. The staff-to-children ratios specified in Table 2 are required whenever children are in care.
Table 2.
Ratio Requirements |
|
Age |
Ratio (staff:children) |
| 1. |
Birth to 16 months |
1:4 |
| 2. |
16 months to 24 months |
1:5 |
| 3. |
2 years of age |
1:8 |
| 4. |
3 years of age to school-age eligibility |
1:10 |
| 5. |
School-age eligible through 12 years of age |
1:20 |
C. In accordance with Part V (8VAC20-820-220 et seq.) of 8VAC20-820 and with approval by the superintendent, a center may temporarily alter the staff-to-child ratios (i) by one child for groups of children from birth to school-age eligibility and (ii) by two children for groups of children school-age eligible through 12 years of age. Under this provision, group sizes three times the approved ratios may be implemented for children from birth to school-age eligibility. Group size for school-age children shall meet the requirements in subsection A of this section.
D. When a group includes children from different age groups, the age of the youngest child in the group shall be used to determine the staff-to-children ratio and group size for that group.
E. Group size limitations shall not apply during the following:
1. Designated rest periods as described in 8VAC20-781-280 and 8VAC20-781-290;
2. Outdoor activity as described in 8VAC20-781-320, 8VAC20-781-340, and 8VAC20-781-350;
3. Transportation and field trips as described in 8VAC20-781-630 and 8VAC20-781-640;
4. Meals and snacks served as described in 8VAC20-781-610; or
5. Special group activities, or during the first and last hour of operation when the center operates more than six hours per day.
F. Staff shall be counted in the required staff-to-children ratios only when they are directly supervising children.
G. A child volunteer 13 years of age or older not enrolled in the program shall not be counted as a child in the staff-to-children ratio requirements.
H. With a parent's written permission and a written assessment by the director and lead teacher, a center may choose to assign a child to a different age group if the age group is more appropriate for the child's developmental level and the staff-to-children ratio and group size shall be for the established age group. These assignments are intended to be a permanent new group and staff members for the child until it is determined the child's developmental level indicates a new assignment.
8VAC20-781-280. Ratios and group size for a balanced mixed-age grouping.
A. The ratio for a classroom of a balanced mixed-age grouping of children preschool to six years of age shall be one staff member for every 14 children, provided:
1. The center has additional staff who are readily accessible if there is an emergency to maintain a ratio of one staff member for every 10 children when children three years of age are included in the balanced mixed-age group; and
2. The lead teacher has received at least eight hours of training in classroom management of a balanced mixed-age grouping.
B. The staff-to-children ratio for a balanced mixed-age grouping during rest time shall be one staff member for every 28 children and the requirements 8VAC20-781-290 B, C, and D shall be met.
C. A maximum group size of 28 shall be followed whenever children in care are in a balanced mixed-age grouping.
8VAC20-781-290. Ratios during designated rest periods.
A. For children 16 months of age through preschool age, during the designated rest period, when children are resting or in an inactive state, the following rest period ratios are permitted if the requirements of subsections B, C, and D of this section are met:
1. Children 16 to 24 months of age: one staff member per 10 children.
2. Children two years of age: one staff member per 16 children.
3. Children of preschool age: one staff member per 20 children.
B. In addition to the staff required by rest period ratios, an additional staff member shall always be available on site to offer immediate assistance. The staff required by rest period ratios shall be able to summon the additional staff member without leaving the room or area of the sleeping or resting children.
C. Once at least half of the children in the resting room or area are awake and off their mats or cots, the staff-to-children ratio shall meet the ratios as required in 8VAC20-781-270 and 8VAC20-781-280.
D. The licensee shall ensure that one staff member shall not supervise more than one room or area during rest time.
E. Centers providing evening and overnight care shall meet the requirements of subsections A through D of this section during sleep periods.
8VAC20-781-300. Ratios and supervision during transportation and field trips.
A. The staff-to-children ratios of 8VAC20-781-270 and 8VAC20-781-280 A shall be followed on all field trips.
B. The staff-to-children ratio need not apply during transportation of school-age children to and from the center.
C. One staff member or adult is necessary in addition to the driver when 16 or more preschool age or younger children are being transported in the vehicle.
Part VI
Program Requirements and Equipment
8VAC20-781-310. Daily activities.
A. The center shall provide a variety of daily activities for all age groups that are age and stage appropriate and based on the physical, social, emotional, and intellectual needs of the children.
B. The center shall provide opportunities for staff-directed and self-directed activities, a balance of active and quiet activities, active outdoor play, and individual and group activities.
C. If the center uses media such as television, videos, video games, software, and computers, the following shall apply:
1. For infants, the use of visual media is prohibited.
2. For toddlers, media use up to two hours per day is permitted if the center operates more than six hours per day.
3. For children two years of age and older, no more than a total of two hours per day is permitted when content is not based on curriculum or educational content.
4. All media provided by the center shall be limited to age-appropriate programs and meet all the requirements in subsection A of this section.
D. Requirements in subdivision C 3 of this section do not apply to school-age children who attend educational programming that incorporates technology into curriculum learning activities.
E. Children shall be allowed to sleep or rest as individually needed.
8VAC20-781-320. Daily care and activities for infants.
A. The center shall post a flexible daily schedule for infants based on individual needs and the requirements of 8VAC20-781-310 B.
B. During the day, the licensee shall ensure that infants are provided with the following:
1. Food as specified in 8VAC20-781-610 and 8VAC20-781-620;
2. Outdoor time, unless weather or the Air Quality Color Code Chart as provided by the Department of Environmental Quality states that outdoor conditions are hazardous;
3. Comfort, as needed;
4. Stimulation and language development activities, including staff reading, talking to, showing pictures to, naming objects for, playing with, and engaging in positive interactions (e.g., smiling, cuddling, and making eye contact) with infants;
5. A variety of play spaces that offer:
a. Room for extensive movement (i.e., rolling, crawling, or walking) and exploration;
b. A diversity of sensory and perceptual experiences; and
c. Equipment and toys that support large and small motor development.
6. Frequent opportunities for infants to creep, crawl, toddle, and walk; and
7. Protection from older children.
C. The licensee shall ensure that staff respond promptly to infants who are crying or distraught.
D. The licensee shall ensure that, for an infant playing on the floor or ground who cannot move without help, staff ensure that the infant's position and the selection of toys accessible to the infant changes every 30 minutes or more often based on the infant's needs.
E. The licensee shall ensure that staff shall not confine infants who are awake and not actively eating in one piece of equipment, including swings, highchairs, cribs, play pens, or other similar pieces of equipment, for more than 30 consecutive minutes. Except when eating, the intervening time between confinements shall be at least 30 minutes.
F. The licensee shall ensure that for infants who are awake and unable to turn over alone, staff shall make a minimum of two attempts at supervised tummy time throughout the day.
G. The licensee shall ensure that infant car seats are only used for child transportation.
H. The licensee shall ensure that cribs are only used for rest and sleep.
8VAC20-781-330. Resting and sleeping infants.
A. The licensee shall ensure that staff allow infants to follow individual patterns of sleeping and eating.
B. The licensee shall ensure that staff place infants in cribs on their backs (i.e., supine) rather than on their bellies (i.e., prone), unless otherwise ordered by a written, signed statement by the child's physician or physician's designee.
C. The licensee shall ensure that when an infant is able to turn supine to the prone, staff place the infant supine but allow the infant to adopt the infant's preferred position unless otherwise directed in a written, signed statement by the child’s physician or physician's designee.
D. The licensee shall ensure that staff shall not use sleep-adaptive equipment unless otherwise directed in a written, signed statement by the child's physician or physician's designee.
E. The licensee shall ensure that each resting or sleeping infant is individually checked for breathing, the color of the infant's skin, signs of distress, and to ensure safe sleep conditions are still met every 15 to 20 minutes.
F. The licensee shall ensure that staff shall move an infant who falls asleep outside of the crib to the infant's assigned crib as soon as possible.
G. The licensee shall ensure that staff ensure that items that could restrict infant movement or breathing (e.g., swaddling, weighted blankets, bibs, necklaces, or garments with ties or hoods) or cover the infant's head or face are not included in the crib with sleeping infants.
8VAC20-781-340. Daily care and activities for toddlers, twos, and preschoolers.
A. The center shall develop, follow, and post a daily schedule that allows for flexibility as children's needs require and that meets the requirements of 8VAC20-781-310 B. The daily schedule need not apply on days occupied a majority of the time by a field trip or other special event. The outdoor activity time need not apply when the weather or the Air Quality Color Code Chart as provided by the Department of Environmental Quality states that outdoor conditions are hazardous. The daily schedule shall include opportunities for:
1. Outdoor activity for at least:
a. Fifteen minutes per day or session if the center operates up to three hours per day or session;
b. Thirty minutes per day or session if the center operates between three and five hours per day or session; or
c. One hour per day or session if the center operates more than five hours per day or session.
2. Sleep or rest. Centers operating five or more hours per day shall have a designated rest period for at least one hour but no more than two hours.
3. Meals and snacks as specified in 8VAC20-781-610.
4. Small and large motor activities, language and communication experiences, sensory experiences, art, or music activities, and play acting or social living.
B. After the first 30 minutes of a rest period, children not sleeping shall be permitted to engage in quiet activities.
C. A child who falls asleep in a place other than the child's designated sleeping location may remain in that space if comfortable and safe.
D. The licensee shall ensure that each sleeping toddler is individually checked for breathing, the color of the toddler's skin, signs of distress, and to ensure safe sleep conditions are still met every 30 minutes.
E. The licensee shall ensure that staff do not confine children who are awake and not actively eating in one piece of equipment, including swings, highchairs, cribs, play pens, or other similar pieces of equipment, for more than 30 consecutive minutes. Except when eating, the intervening time between confinements shall be at least one hour.
8VAC20-781-350. Daily care and activities for school-age children.
A. The center shall develop, follow, and post a daily schedule for school-age children that allows for flexibility based on individual needs and the requirements of 8VAC20-781-310 B. This schedule need not apply on field trip days or special events. The outdoor activity time need not apply when the weather or the Air Quality Color Code Chart as provided by the Department of Environmental Quality states that outdoor conditions are hazardous.
B. Before or after school, the center shall provide an opportunity for children to do homework, projects, hobbies, small motor activities, art activities, or music activities in a suitable area. In the afternoon, there shall be an opportunity for large motor activities at least 25% of the time.
C. On non-school days, the center shall provide opportunities for (i) large motor activities at least 25% of the time; (ii) small motor activities; (iii) projects, hobbies, or homework in a suitable place; (iv) art or music activities; (v) outdoor activity for at least one hour per day; and (vi) food as specified in 8VAC20-781-610.
8VAC20-781-360. Daily care and activities for children with special needs.
A. The center shall work with the parent and the staff assigned to the child to develop a plan to ensure that a child with special needs receives care and activity opportunities appropriate to the child's individual needs, including specific care and activities recommended by a professional. The plan shall be documented and maintained in the child's record and updated annually or more frequently, as necessary.
B. For a child who cannot move without assistance, staff shall change the place and position of the child at least every 30 minutes or according to the child's needs.
8VAC20-781-370. Behavioral guidance.
A. The center shall use positive methods of guiding behavior.
B. When a child is in the care of the center, the licensee shall ensure that staff interact with children and one another to provide needed help, comfort, support and:
1. Respect personal privacy;
2. Respect differences in cultural, ethnic, religious, and family backgrounds;
3. Encourage decision-making abilities;
4. Promote ways of getting along;
5. Encourage independence and self-direction; and
6. Use consistency in applying expectations.
C. The licensee shall ensure that behavioral guidance is constructive in nature, age and stage appropriate, and is intended to redirect children to appropriate behavior and resolve conflicts.
D. If time-out is used as a behavior guidance technique:
1. It shall be used sparingly and shall not exceed one minute for each year of the child's age;
2. It shall be appropriate to the child's developmental level and individual needs;
3. It shall not be used with infants or toddlers;
4. The child shall be in a safe, lighted, well-ventilated place, and within sight and sound of a staff member; and
5. The child shall not be left alone inside or outside the center.
8VAC20-781-380. Prohibited actions.
The following actions or threats are prohibited:
1. Physical punishment;
2. Striking a child, roughly handling or shaking a child, biting, pinching, restricting movement through binding or tying, forcing a child to assume an uncomfortable position, forced exercise, or action taken to cause pain or discomfort;
3. Enclosure in a small, confined space or a space that the child cannot freely exit; however, this does not apply to the use of equipment such as cribs, play yards, highchairs, and safety gates when used with children preschool age or younger for the intended purpose;
4. Permitting a child to discipline or punish other children;
5. Punitive separation from the group so that the child is away from the hearing and vision of a staff member;
6. Withholding or forcing of food, water, or rest;
7. Verbal remarks that are demeaning to the child or psychological punishment, including ridicule or humiliation;
8. Punishment for toileting accidents or withholding opportunities for toileting;
9. Punishment by applying unpleasant or harmful substances; and
10. Withholding outside activity time as punishment.
8VAC20-781-390. Parental engagement.
Before the child's first day of attending, parents shall be notified about how to access the following:
1. The center's philosophy and if applicable, religious affiliation;
2. Operating information, including the hours and days of operation and holidays or other times closed, and the contact information to communicate with staff;
3. Description of established lines of authority for staff;
4. A custodial parent's right to be admitted to the center as required by § 22.1-289.054 of the Code of Virginia;
5. The appropriate general daily schedule for the age of the enrolling child;
6. How the center will notify parents of emergency situations and send parent communication and notifications as required by 8VAC20-781-400;
7. The following information from the center's emergency procedures:
a. The relocation site;
b. Method of communication with parents and emergency responders; and
c. Procedure to reunite children with a parent or authorized person designated by the parent;
8. The center's transportation policy;
9. The center's policies for the arrival and departure of children, including procedures for verifying that only persons authorized by the parent are allowed to pick up the child, picking up children after closing, and when a child is not picked up for emergency situations, including inclement weather or natural or man-made disasters;
10. The center's policy regarding medication or medical procedures that will be given;
11. The center's policy regarding application of topical skin products;
12. The center's policy for reporting suspected child abuse and neglect as required by § 63.2-1509 of the Code of Virginia;
13. The center's food policies;
14. Discipline policies, including acceptable and unacceptable discipline measures; and
15. Termination policies.
8VAC20-781-400. Parent communication and notification.
A. The center shall inform parents when a pattern of behavioral problems emerges or persists. Notification shall include actions taken in response.
B. The center shall maintain a written record and provide parents with a written report of each injury involving their child on the day of occurrence. The written report shall protect the confidentiality of other children involved, and shall include:
1. Date and time of incident or injury;
2. Child's name;
3. Type and circumstance of incident or injury;
4. Staff present and actions taken or treatment offered;
5. Date, time, and method used to notify parents;
6. Staff and parent signatures or two staff signatures; and
7. Future action to prevent reoccurrence.
C. The center shall notify the parent immediately and provide written documentation pursuant to subsection B of this section if the following incidents occur:
1. The child sustains an injury that may reasonably require medical or dental treatment.
2. The child has an adverse reaction to an administered medication or topical skin product, a medication error has occurred, or the center has administered an emergency medication.
3. The child has a confirmed or suspected allergic reaction or has ingested food identified in the written care plan required in 8VAC20-781-50 B 6 even if a reaction did not occur.
4. A situation in which the child's whereabouts is or was unknown, including a lost or missing child, a child left unattended in a vehicle or on the playground, or a child who wandered away unattended from the facility or assigned group.
D. When a child has been exposed to a communicable disease listed in the Virginia Department of Health's current communicable disease chart, the parents shall be notified within 24 hours or the next business day of the center's having been informed unless forbidden by law, except for life threatening diseases, which shall be reported to parents immediately.
E. Parents shall be informed in writing of a change to the center’s relocation site, the communication plan, and the reunification plan.
F. If an emergency evacuation or relocation is necessary, the parent shall be informed of the child's whereabouts as soon as possible as stated in the center’s emergency preparedness and response plan.
G. For each infant, the center shall maintain a daily record that can be easily accessed by both the parent and the staff working with the child. The record shall contain the following information:
1. The amount of time the infant slept;
2. The amount of food consumed and the time;
3. Record of diaper changes and the application of diaper ointment;
4. A description and time of bowel movements;
5. Developmental milestones and daily activities; and
6. For infants who are awake and cannot turn over by themselves, the number of attempts at tummy time.
H. Parents shall be informed of reasons for termination of services.
I. The center shall provide to parents of children at least semiannually or more frequently if needed:
1. Written information about the child's development and needs; and
2. Scheduled opportunities for parents to provide feedback on the child. This opportunity to provide feedback shall be documented.
J. Information on a child required by subsection I of this section shared between the child's parents and the center shall be documented in the child's record.
K. Requirements in subsection I of this section shall not apply to school-age children and children participating in short-term programs as defined in 8VAC20-781-10.
8VAC20-781-410. Parental agreements.
A written agreement between the parent and the center shall be in each child's record by the first day of the child's attendance. The agreement shall be signed by the parent and include:
1. An authorization for emergency medical care should an emergency occur when the parent cannot be located immediately, unless the parent states in writing an objection to the provision of emergency medical care on religious or other grounds;
2. A statement that the center will notify the parent when the child becomes ill and that the parent will arrange to have the child picked up as soon as possible if requested by the center;
3. A statement that the parent will inform the center within 24 hours or the next business day after his child or a member of the immediate household has developed a reportable communicable disease, as defined by the State Board of Health, except for life threatening diseases, which shall be reported immediately; and
4. Authorization for the center to transport the child if an emergency occurs, including needing medical care or facility relocation.
8VAC20-781-420. Play furnishings, equipment, materials, and toys.
A. Furnishings, equipment, and materials shall be (i) of an appropriate size for the child using the item and (ii) used in accordance with manufacturer instructions.
B. Materials and equipment shall be available, shall be age and stage appropriate for the children, and shall include an adequate supply, as appropriate for each age group, of arts and crafts materials, texture materials, construction materials, music and sound materials, books, social living equipment, and manipulative equipment.
1. Equipment used for play with a diameter of less than 1-1/4 inch and a length of less than 2-1/4 inches shall be inaccessible to children younger than three years of age; and
2. Toys and equipment with cords and strings shall only be accessible to children two years of age and older.
C. Washable toys and materials used by infants shall be cleaned and sanitized daily, or more often if necessary.
D. The following cloth items provided by the center shall be washable: stuffed animals, cloth dolls, and dress-up clothes. Floor pillows shall be washable or have removable covers that are machine washable. When used by children, the center shall wash stuffed animals, cloth dolls, dress-up clothes, and pillows or removable covers at least once a week or when soiled.
E. If water play tables or tubs are used, they shall be cleaned and sanitized daily.
F. If combs, toothbrushes, or other personal articles are used, they shall be individually assigned.
G. Disposable products not used for play, learning, or craft activities shall be used once and discarded.
H. Provision shall be made for an individual place for each child's personal belongings.
I. Infant walkers shall not be used.
J. Play yards where used shall:
1. Meet the current Juvenile Products Manufacturers Association (JPMA) and the American Society for Testing and Materials (ASTM) requirements and shall retain the manufacturer label documenting product compliance with current safety standards at the time the play yard was manufactured;
2. Not use pillows or filled comforters;
3. Not be used for the designated sleeping area;
4. Not be occupied by more than one child; and
5. Be sanitized each day of use or more often as needed.
K. The licensee shall register to receive free recall alerts from the U.S. Consumer Product Safety Commission and shall remove all recalled items from the center.
L. Portable water coolers shall be cleaned daily when in use, kept securely closed, and designed so that water may be withdrawn from the container only by tap.
8VAC20-781-430. Cribs, cots, rest mats, and beds.
A. Cribs, cots, rest mats, or beds shall be provided for children during the designated rest period and not be occupied by more than one child at a time.
B. Cribs shall not be used as a play space.
C. Cribs, cots, rest mats, and beds shall be identified for use by a specific child.
D. Double-decker cribs, cots, beds, or other sleeping equipment, when stacked, shall not be permitted to be used for children.
E. Occupied cribs, cots, rest mats, and beds shall be at least 2-1/2 feet from heat-producing appliances.
F. There shall be at least 12 inches of space between occupied cots, beds, and rest mats.
G. Twelve inches of space is not required where cots, beds, or rest mats are located adjacent to a wall or a divider if one side is open at all times to allow for passage.
H. Mattresses, cots, or rest mats shall be (i) nonabsorbent or covered with a waterproof material and (ii) sanitized on all sides weekly or before use by another child.
I. Rest mats shall have at least one inch of cushioning.
J. Cribs shall be used for children under 12 months of age.
K. Cribs shall meet the following requirements:
1. Meet the current Consumer Product Safety Commission Standards at the time the crib was manufactured;
2. Have no more than one inch between the mattress and the crib; and
3. Not have mesh sides.
L. Cribs shall be placed where objects outside the crib, such as cords from blinds or curtains, are not within reach of children in cribs.
M. There shall be at least:
1. Twelve inches of space between the sides and ends of occupied cribs, except where the crib touches the wall or solid barrier; and
2. Thirty inches of space between service sides of occupied cribs and other furniture where that space is the walkway for staff to gain access to occupied cribs.
N. If cribs with a swing-down safety gate on one side for easy access to a child are used, the hinged safety gates shall be up and the fastenings secured when a child is in the crib, except when a staff member is giving the child immediate attention.
O. No soft objects or loose bedding, including pillows, blankets, quilts, comforters, sheepskins, bumper pads, or stuffed toys, shall be used with infants under 12 months of age when sleeping or resting.
P. Toys or objects hung over an infant in a crib and crib gyms that are strung across the crib shall be out of reach of the infant and shall not be used for infants over five months of age or infants who are able to push up on their hands and knees.
8VAC20-781-440. Linens.
A. Cribs, when being used by infants, shall only have a tight-fitted bottom cover that does not make the mattress buckle or bend.
B. Cribs, cots, mats, and beds used by children other than infants during the designated rest period or during evening and overnight care shall have linens consisting of a top cover and a bottom cover or a one-piece covering that is open on three edges.
C. Linens and pillows used by children shall be (i) assigned for individual use and (ii) stored separately from the linens and pillows of other children.
D. Linens and pillows shall be changed when wet, soiled, or dirty and linens shall be washed at least weekly.
E. Pillows, when used, shall be covered with pillowcases.
8VAC20-781-450. Swimming and wading.
A. The center shall post written safety rules for swimming or wading in the swimming area when the pool is located on the premises of the center.
B. The center shall follow posted rules of public swimming areas when swimming activities are located off site.
C. Safety rules for swimming or wading shall be explained to children participating in swimming or wading activities.
D. Before a child is able to participate in swimming or wading activities, and annually thereafter, the center shall obtain (i) written permission from the parent of each child who participates in swimming or wading and (ii) a written assessment from a certified lifeguard or a written statement from the parent to identify if the child is a swimmer or nonswimmer before the child is allowed in water with a depth of more than two feet.
E. The licensee shall ensure that staff maintain active supervision when a child is in or around water by staff designated to supervise children in the water. Notwithstanding ratio requirements in 8VAC20-781-270 and 8VAC20-781-280 A, these staff shall only be responsible for the supervision of children participating in the water activity and additional staff shall be available to supervise children not participating.
F. The licensee shall ensure that staff have a system for accounting at all times for all children in the water and in the aquatic area.
G. The staff-to-children ratios required by 8VAC20-781-270 and 8VAC20-781-280 A shall be maintained while children are participating in swimming or wading activities. Notwithstanding the staff-to-children ratios already stated, at no time shall there be fewer than two staff members supervising the group.
H. If a pool, lake, or other swimming area has a water depth of more than two feet, a certified lifeguard holding a current certification shall be on duty supervising whenever a child is participating in swimming or wading activities.
1. One lifeguard for every 25 children in the water shall be on duty and supervising the children.
2. The designated certified lifeguard shall not be counted in the staff-to-children ratios.
3. The lifeguard certification shall (i) include an in-person competency demonstration and (ii) be obtained from an individual or organization holding instructor certification from an organization such as the American Red Cross.
I. Outdoor swimming activities shall occur only during daylight hours unless underwater and deck lighting is provided.
8VAC20-781-460. Pools and equipment.
A. When permanent swimming or wading pools are located on the premises of the center, the following shall apply:
1. The manufacturer specifications for operating the pool and applicable local ordinances and Virginia Department of Health requirements for swimming pools shall be followed;
2. Pools constructed, renovated, or remodeled after April 1, 1986, shall have a statement in writing of inspection and approval from the local building official when approval is required;
3. Outdoor swimming pools shall be enclosed by safety fences and gates that are in compliance with the applicable edition of the Virginia Uniform Statewide Building Code (13VAC5-63) and shall be kept locked when the pool is not in use;
4. Entrances to indoor swimming pools shall be locked when the pool is not in use; and
5. A whistle or other audible signaling device, a buoy or a lemon line, a reach pole, and a backboard shall be available at the swimming or wading site.
B. If children are allowed to swim in a lake or place other than a pool, safe swimming areas shall be clearly marked and there shall be appropriate water safety equipment.
C. Piers, floats, and platforms shall be in good repair and, where used for diving, the minimum water depth shall be stated on the deck or planking.
D. After use by a group of children, or more frequently as necessary, portable wading pools without an integrated filtration system shall be emptied, rinsed, and filled with fresh water.
E. After each day's use, portable wading pools shall be emptied, sanitized, and stored in a position to keep them clean and dry.
F. Children who are not toilet trained shall not use portable wading pools without an integrated filtration system.
Part VII
Preventing the Spread of Disease and Infection Control
8VAC20-781-470. Preventing the spread of disease.
A. Unless otherwise approved by a child's health care professional, a child shall be excluded from the center if the child has:
1. A fever, which means an oral or axillary temperature at or above 100.4°F;
2. Recurring vomiting or diarrhea not associated with diet change or medication; or
3. Symptoms of a communicable disease listed in the Virginia Department of Health's current communicable disease chart.
B. If a child needs to be excluded according to subsection A of this section, the following shall apply:
1. The center shall contact the parents or designated emergency contact immediately so that arrangements can be made to remove the child from the center as soon as possible; and
2. The child shall remain in a designated area as required by 8VAC20-781-230 D. The licensee shall ensure that the child is within sight and sound of a staff member at all times and shall ensure that staff respond to the needs of the child.
C. When a surface has been contaminated with body fluids, it shall be cleaned and sanitized immediately or restricted from use until cleaned and sanitized.
D. When a child's clothing has been contaminated with body fluids, it shall be separated, stored, and sealed in a leakproof storage bag until returned to the child's parent.
8VAC20-781-480. Hand washing.
A. The licensee shall ensure that staff ensure children's hands are washed with soap and running water:
1. After diapering or toileting;
2. After contact with body fluids;
3. After coming in from outdoors;
4. After handling or caring for animals;
5. Before and after playing with water used by more than one child;
6. When the child's hands are visibly dirty; and
7. Before eating.
B. The licensee shall ensure that children's hands are washed with soap and running water or disposable wipes after eating.
C. Until an infant is old enough to be safely raised to the sink and reach for the water, the infant's hands may be washed using disposable wipes.
D. The licensee shall ensure that staff wash their hands with soap and running water:
1. Before and after:
a. Helping a child use the toilet;
b. A diaper change;
c. Feeding or helping children with feeding;
d. Preparing or serving food or beverages; and
e. Administering medication or topical skin products when there is direct contact with the medication or product.
2. After:
a. Using the toilet;
b. Contact with body fluids;
c. Eating;
d. Handling garbage or cleaning materials;
e. Coming in from outdoors; and
f. Handling or caring for animals.
E. The licensee shall ensure that staff wash their hands with soap and running water when entering the facility before working with children and when hands are visibly dirty.
F. If running water is not available, a germicidal cleansing agent administered per manufacturer instruction may be used.
8VAC20-781-490. Diapering and toileting.
A. The diapering area shall be accessible and within the building used by children.
B. There shall be sight and sound supervision for all children when a child is being diapered.
C. The licensee shall ensure that staff do not leave a child unattended on the diapering surface.
D. The diapering area shall have the following:
1. A sink with running water not to exceed 120°F;
2. Soap, disposable towels, and single use gloves such as surgical or examination gloves;
3. A nonabsorbent surface for diapering or changing shall be used. For children younger than three years of age, this surface shall be a changing table or countertop designated for changing unless otherwise specified in this subsection; and
4. The appropriate disposal containers as required by this section.
E. When a child's clothing, diaper, or disposable training pants becomes wet or soiled, the child shall be wiped clean and changed immediately.
F. Staff shall check diapers and disposable training pants at least once every two hours.
G. Disposable diapers and disposable training pants shall be disposed in a covered leakproof or plastic-lined storage system that is either foot-operated or used in a way that the staff member's hand and the soiled diaper do not touch an exterior surface of the storage system during disposal.
H. When cloth diapers are used, a separate covered leakproof storage system as specified in subsection G of this section shall be used for each individual child.
I. Diapers, disposable training pants, or underwear of children who are toilet training may be changed in the bathroom and not on the diapering surface required in subdivision D 3 of this section, but the required procedures for handwashing in 8VAC20-781-480 and disposal of diapers or disposable training pants in subsections G and H of this section shall be followed.
J. The diapering surface shall (i) not be used for storage, (ii) be used only for diapering or wiping children clean, and (iii) be cleaned and sanitized after each use. Tables used for children's activities or meals shall not be used for changing diapers.
K. Staff shall ensure the immediate safety of a child during diapering.
8VAC20-781-500. Toilet training.
For every 10 children in the process of being toilet trained, there shall be at least one toilet chair or one child-sized toilet or at least one adult-sized toilet with a platform or steps and adapter seat.
1. The location of these items shall allow for sight and sound supervision of children in the classroom if necessary for the required staff-to-children ratios to be maintained.
2. Toilet chairs shall be emptied promptly and cleaned and sanitized after each use and located on non-carpeted areas when used.
Part VIII
Medication Administration and Topical Skin Products
8VAC20-781-510. Requirements for medication administration.
A. The decision to administer medicines at a facility may be limited by center policy to administer: (i) prescribed medications, (ii) nonprescription medications, or (iii) only those medications required for emergencies or by law.
B. Written parental authorization for medication shall be obtained before a medication is accepted, maintained, or stored at the center.
C. Medications accepted, maintained, or stored at the center shall (i) be labeled with the child's name and (ii) not be kept or used beyond the date of expiration or use by date on the medication container.
D. For a child for whom emergency medication, such as albuterol, glucagon, or epinephrine auto-injector, has been provided to the center by the parent, there shall always be a staff member who is immediately accessible and available and meets the requirements listed in 8VAC20-781-170.
E. Prescription and nonprescription medication shall be given to a child only with written authorization from the parent that has not expired. Medication shall be administered by a staff member who is 18 years of age or older.
F. The licensee shall ensure that written authorization from the child's parent for medication is only valid for 10 business days unless written authorization from the child's physician is on file.
G. Long-term prescription and nonprescription drug administration shall be allowed only with written authorization from the child's physician and parent and shall be renewed based on instructions from the child's physician.
H. Medication authorization shall be available to staff during the entire time it is effective.
I. When an authorization for medication expires, the center shall notify the parent with the intent to safely return the medication to the parent or receive an updated authorization form. If a parent has been non-responsive and has not retrieved the medication, the center shall safely dispose of the medication, but no later than 30 calendar days after the expiration date of the authorization. The expired medication authorization form shall be kept with the medication until the center can safely return the medication to the parent or dispose of the medication.
J. Undesignated or stock epinephrine kept at the center pursuant to § 22.1-289.059 shall be labeled with the name of the medication and the dosage amount.
8VAC20-781-520. Prescription medication.
The center may administer prescription medication, provided that:
1. The medication is administered by a staff member who meets the requirements in 8VAC20-781-170;
2. The center administers only those drugs that are dispensed from a pharmacy or health care provider and maintained in the original, labeled container; and
3. The center administers medications only to the child identified on the prescription label in accordance with the prescriber's instructions pertaining to dosage, frequency, and route of administration.
8VAC20-781-530. Non-prescription medication.
The center may administer nonprescription medication, provided the medication is:
1. Administered by a staff member who meets the requirements in 8VAC20-781-170;
2. Labeled with the child's name, the name of the medication, the dosage amount, and the times to be given;
3. In the original container with the manufacturer's direction label attached; and
4. Given only as specified on the manufacturer's label unless otherwise designated by written physician's order.
8VAC20-781-540. Storage of medication.
A. Unless designated otherwise by a written physician's order, medications, including refrigerated and staff's personal medications, shall be kept in a locked place using a safe locking method that prevents access by children.
B. If a key is used, the key shall be inaccessible to the children.
C. When needed, medication shall be refrigerated.
D. When medication is stored in a refrigerator used for food, the medications shall be stored together in a container or in a clearly defined area away from food.
8VAC20-781-550. Medication records.
The center shall keep a record of prescription and nonprescription medication given to children that shall include the following:
1. Name of the child to whom medication was administered;
2. The dose, the route, and the name of the medication administered to the child;
3. The date and time the medication was administered to the child;
4. Name of the staff member administering the medication;
5. Adverse reactions; and
6. Medication administration errors and action taken.
8VAC20-781-560. Self-administered medication.
A. When a school-age child self-administers medication while in care, the center shall:
1. Establish written safety procedures for self-administration of medication for school-age children that include direct supervision during the administration of the medication; and
2. Obtain (i) documentation of written authorization from the child's physician, (ii) a written request from the child's parent for the child's self-administration of medication, and (iii) written authorization from the parent to administer the medication if the child is unable to self-administer.
B. The center shall document medication self-administered by a child to include:
1. The child's name;
2. The dose, route, and name of the medication self-administered;
3. The date and time the medication was self-administered;
4. Adverse reactions; and
5. Medication administration errors and action taken.
C. If the written safety procedures required in this section are not followed, the center shall:
1. Notify the child's parent;
2. Assume responsibility for administration of the medication while the child is in care; and
3. Document in the child's record the discontinuation of the authorization to self-administer and the notification to the child's parent.
8VAC20-781-570. Topical skin products.
A. When topical skin products such as lip balm, hand lotion, sunscreen, diaper ointment and lotion, and insect repellent are administered by the center, the following requirements shall be met:
1. Written parent authorization noting known adverse reactions shall be obtained at least annually;
2. The product shall be in the original container and, if provided by the parent, labeled with the child's name; and
3. Manufacturer's instructions for application shall be followed.
B. When diaper ointment and insect repellent are administered by the center a record shall be kept that includes the child's name, the name of the product, the frequency of use and the approximate time given, adverse reactions, and application errors and action taken.
C. Caregivers without medication administration training may apply topical skin products unless the product is a prescription medication, in which case the requirements in 8VAC20-781-520 shall be met.
D. Children five years of age and older may have access to and may self-administer hand sanitizer, hand soap, sunscreen, lip balm and hand lotion labeled "Keep out of reach of children," provided that the label does not contain other warnings listed in 8VAC20-781-220 A and is used under adult supervision.
E. Sunscreen provided by the center shall have a minimum sunburn protection factor (SPF) of 15.
F. The product shall not be kept or used beyond the expiration date.
G. Topical skin products, except those referenced in subsection C of this section, do not need to be kept locked, but shall be inaccessible to children younger than five years of age.
Part IX
First Aid, Emergency Supplies, and Emergency Preparedness and Response
8VAC20-781-580. First aid and emergency supplies.
A. The center shall have a minimum of one working flashlight that does not require electricity on each floor of each building that is used by children.
B. The center shall have a minimum of one working radio that does not require electricity in each building used by children and a primitive camp location without a building.
C. The center shall have first aid supplies on each floor of the building, accessible from outdoor play areas, while on field trips, in vehicles when transporting children, and wherever children are in care. The first aid supplies shall be readily accessible to staff, inaccessible to children, and include the following:
1. An ice pack or instant cold pack;
2. A pair of scissors;
3. A pair of tweezers;
4. Gauze pads;
5. Adhesive tape;
6. Adhesive bandages of assorted sizes;
7. An antiseptic cleansing solution or pads;
8. An operable digital thermometer;
9. A minimum of two triangular bandages;
10. Single use gloves such as surgical or examination gloves; and
11. A first aid instructional manual.
8VAC20-781-590. Emergency preparedness and response plan.
A. The center shall have a written emergency preparedness and response plan developed in consultation with the local emergency manager or the state or local fire official. The plan shall include:
1. Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event such as violence at or near the child care facility; and
2. Emergency evacuation, relocation, shelter-in-place, and lockdown procedures to include:
a. Scenario applicability with the most likely emergency scenarios including fire, severe storms, flooding, tornadoes, earthquakes, pandemic, loss of utilities, and other situations, including facility damage, that requires evacuation, lockdown, or shelter in place;
b. Emergency communication to alert staff and emergency responders;
c. Methods to account for all children and to ensure continued supervision of children;
d. Method of communication with staff, parents, and emergency responders;
e. Accommodations or special requirements for infants, toddlers, children with special needs, and children with chronic physical or medical conditions to ensure the child's safety during evacuation or relocation;
f. Procedure to reunite children with a parent or authorized person designated by the parent; and
g. Staff and volunteer training requirements and drill frequency.
B. The center's emergency preparedness and response plan shall also include the following additional requirements:
1. Evacuation and relocation procedures shall include:
a. Designated primary and secondary routes out of the building;
b. Designated assembly point away from the building;
c. Designated relocation site;
d. Methods to ensure essential documents, including attendance records, parent contact information, emergency contact information, and information on allergies and intolerance to food or medication, are taken to the assembly point or relocation site; and
e. Methods to ensure special health care needs, to include medications and care plans and supplies, are taken to the assembly point or relocation site.
2. Shelter-in-place procedures shall include:
a. Designated shelter-in-place areas within the center;
b. Designated primary and secondary routes to the shelter-in-place areas;
c. Methods to ensure essential documents, including attendance records, parent contact information, emergency contact information, and information on allergies and intolerance to food or medication, are taken to the assembly point or relocation site; and
d. Methods to ensure special health care needs, to include medications and care plans and supplies, are taken to the assembly point or relocation site.
3. Lockdown procedures shall include designated safe areas that the facility can contain using procedures such as closing or locking of doors or other barriers.
C. The center shall review the emergency preparedness and response plan at least annually and update as needed. The center shall document each review and update made to the emergency preparedness and response plan.
D. Emergency evacuation and shelter-in-place diagrams, 911 or local dial number for police, fire, and emergency medical services, and the number of the national poison control center hotline shall be posted in conspicuous locations in each room used by children or staff.
E. Continuity of operations shall be established to ensure that essential functions are maintained during an emergency.
8VAC20-781-600. Emergency response drills.
A. All emergency response drills shall be practiced:
1. In each building used by children;
2. With all staff, volunteers, and children present at the time of the drill;
3. At varying times during the center's hours of operation; and
4. For centers offering evening and overnight care, a separate drill shall be completed during the evening and overnight hours according to the same schedules specified in subsections B through D of this section.
B. Emergency evacuation procedures shall be practiced monthly.
C. Shelter-in-place procedures shall be practiced a minimum of twice per year.
D. Lockdown procedures shall be practiced a minimum of twice per year.
E. Documentation shall be maintained for one year of emergency evacuation, shelter-in-place, and lockdown drills that include:
1. The date and time of the drill;
2. The number of staff, volunteers, and children participating; and
3. The time it took to complete the drill.
Part X
Special Services
8VAC20-781-610. Nutrition and food services.
A. Centers shall schedule appropriate times for snacks or meals based on the hours of operation and time of the day (e.g., a center open only for after school care shall schedule an afternoon snack; a center open from 7 a.m. to 1 p.m. shall schedule a morning snack and midday meal).
B. The licensee shall ensure that children arriving from a half-day, morning program who have not yet eaten lunch receive a lunch.
C. The center shall schedule snacks or meals so that there is a period of at least 1-1/2 hours but no more than three hours between each meal or snack, unless there is a scheduled rest or sleep period for children between the meals and snacks.
D. Drinking water shall be offered at regular intervals to children.
E. In environments of 80°F or above, attention shall be given to the fluid needs of children at regular intervals. Children in such environments shall be encouraged to drink water as outlined in subsection D of this section.
F. When centers choose to provide meals or snacks, the following shall apply:
1. Centers shall follow the most recent, age-appropriate nutritional requirements of the Child and Adult Care Food Program administered by the U.S. Department of Agriculture (USDA).
2. Children shall be allowed second helpings of food listed in the Child and Adult Care Food Program.
3. Centers shall not serve small (i.e., marble-sized), round, sticky, or hard foods that are difficult to chew and easy to swallow whole to children younger than four years of age.
4. A menu listing food to be served for meals and snacks during the current one-week period shall:
a. Be dated;
b. Be posted in a location conspicuous to parents or given to parents;
c. Be kept on file for one week at the center; and
d. List substituted food by the end of the business day.
5. Powdered milk shall not be used except for cooking.
G. When food or beverage is brought from home, the following shall apply:
1. The food and beverage container shall be sealed and labeled in a way that identifies the owner by first and last name.
2. The center shall have extra food or shall have provisions to obtain food to serve to children so the child can have an appropriate snack or meal if the child forgets to bring food from home, brings an inadequate meal or snack, or brings perishable food.
3. Unused portions of opened food shall be discarded by the end of the day or returned to the parent.
H. If a catering service is used, it shall be approved by the local health department.
I. Contaminated or spoiled food shall not be served to children.
J. Tables and highchair trays shall be cleaned and sanitized before and after each use for feeding;
K. Staff shall be present in the feeding area with children whenever children are eating.
L. Children shall remain seated while eating or drinking and shall not eat while riding in vehicles.
M. Food and beverages shall be prepared, served, stored, and transported in a sanitary manner.
N. When food is prepared to which a child in care is allergic, staff shall take steps to avoid cross contamination to prevent an allergic reaction.
O. A child with a diagnosed food allergy shall not be served food identified in the emergency care plan required in 8VAC20-781-50 B 6.
P. Disposable products used for food or beverages shall be used once and discarded.
8VAC20-781-620. Special feeding needs.
A. Highchairs, infant seats, or feeding tables shall be used for children under 12 months of age who are not held while being fed.
1. Children shall be supervised during snacks and meals.
2. When a child is placed in a feeding table with protective belts, a highchair, or an infant seat, the protective belt shall be fastened securely.
B. Bottle-fed infants who cannot hold their own bottles shall be held when fed. Bottles shall not be propped or used while the child is in the child's designated sleeping location.
C. Each bottle-fed infant shall have a written feeding schedule on file that is updated as needed and contains:
1. Whether the child receives breast milk, formula, or milk; and
2. The brand name of formula, if applicable.
D. Infants shall be fed on demand or in accordance with parental instructions.
E. All prepared bottles or breast milk stored in other containers provided by parents shall be labeled with the child's name and date of receipt.
F. Breast milk shall be stored according to the center's policy for the storage of breast milk.
G. Infant formula prepared by the center shall be prepared according to manufacturer instructions and prepared infant formula or milk shall be (i) refrigerated and (ii) dated and labeled with the child's name.
H. Heated breast milk, formula, milk, and baby food shall be stirred or shaken and tested for temperature before serving to children.
I. Milk, formula, or breast milk and bottles or containers of infant foods shall be warmed under running warm tap water or by placing the food item in a container of water that is no warmer than 120°F if needed. Bottles shall not be heated or warmed in a microwave.
J. When a bottle warmer or slow-cooking device, such as a crock-pot, is used for warming breast milk, formula, milk, or bottles of infant food, the device and cord shall be out of children's reach and used according to manufacturer instructions.
K. Breast milk, formula, and milk shall not remain unrefrigerated at the center for more than two hours and shall not be reheated.
L. Prepared bottles shall be discarded or returned to the parent at the end of the day.
M. Prepared baby food not consumed during that feeding by an infant may be used by that same infant later in the same day, provided that the food is not served out of the infant food container and is dated and stored in the refrigerator; otherwise, it shall be discarded or returned to the parent at the end of the day.
N. The licensee shall maintain on the premises a one-day emergency supply of clean and empty or disposable bottles, nipples, and commercial formulas. Emergency supply bottles shall only be used for one feeding and shall be appropriate for the children in care. The center shall consult parents on special feeding needs, such as specific formula, breast milk, or other special accommodations.
O. The center shall not prohibit breastfeeding.
P. When bottles with breast milk, formula, or milk are prepared by the center, the milk or formula shall not be mixed with cereal unless a physician or physician's designee provides written documentation stating otherwise.
Q. When feeding semisolid food to a child, staff shall use a spoon unless written instructions from a physician or physician's designee state differently.
8VAC20-781-630. Field trips.
A. Written parental permission for field trips shall be secured before the scheduled activity.
B. If a blanket permission is used instead of a separate written permission, the following shall apply:
1. Parents shall be notified in advance of the field trip; and
2. Parents shall be given the opportunity to withdraw the child from the field trip.
C. Children shall cross streets at a corner or crosswalk or other designated safe crossing point if no corner or crosswalk is available.
D. Before leaving on a field trip, a schedule of the trip's events and locations shall be shared with parents.
E. The licensee shall ensure a method of communication for emergencies during field trips.
F. The center shall make provisions for providing children on field trips with adequate food and water.
8VAC20-781-640. Transportation.
A. Written parental permission for transportation shall be secured before transportation is provided.
B. Vehicles used by the center for the transportation of children shall meet the following requirements:
1. The vehicle shall meet the safety standards set by the Department of Motor Vehicles and shall be kept in satisfactory condition to ensure the safety of children.
2. The vehicle shall be manufactured for the purpose of transporting people.
3. The vehicle shall be insured with at least the minimum limits established by Virginia state statutes.
4. If staff or volunteers supply personal vehicles, the center is responsible for ensuring that the requirements of this subsection are met.
C. The licensee shall ensure that, during transportation of children:
1. Virginia state statutes about safety belts and child restraints are followed as required by §§ 46.2-1095 through 46.2-1100 of the Code of Virginia, and the stated maximum number of passengers in a given vehicle is not exceeded;
2. The children remain seated and each child's arms, legs, and head remain inside the vehicle;
3. Doors are closed and locked, unless the manufacturer prevents locking for emergency purposes;
4. At least one staff member or the driver always remains in the vehicle when one or more children are present; and
5. The following information is in transportation vehicles:
a. Emergency numbers as specified in 8VAC20-781-590 D;
b. The center's name, address, and telephone number;
c. A list of the names of the children being transported and each child's emergency contact information as required in 8VAC20-781-50 B 2 and B 3;
d. Emergency care plan and information as specified in 8VAC20-781-50 B 5 and B 6; and
e. A document containing local emergency contact information, potential shelters, hospitals, and evacuation routes that pertain to each site frequently visited or of routes frequently driven by center staff for center business, such as field trips, pick-up, and drop-off of children to or from home and local schools.
D. When entering and leaving vehicles, children shall enter and leave the vehicle from the curb side of the vehicle or in a protected parking area or driveway and cross streets at a corner or crosswalk or other designated safe crossing point if no corner or crosswalk is available.
E. The licensee shall ensure a method of communication for emergencies during transportation.
F. The licensee shall ensure that the driver verifies that all children have been removed from the vehicle at the conclusion of each trip by checking every seat.
8VAC20-781-650. Animals and pets.
A. Animals that are kept on the premises of the center or that interact with children at the center shall be vaccinated if applicable.
B. Animals that are, or are suspected of being, ill or infested with external lice, fleas, ticks, or internal worms shall be removed from contact with children.
C. No monkeys, bats, ferrets, poisonous or dangerous animals, reptiles, or psittacine birds (i.e., birds of the parrot family) shall be accessible to children during the hours children are in care, and the licensee shall ensure that children do not have direct physical contact with the animals. The licensee shall ensure that children do not come in physical contact with stray or wild animals.
D. No animals that have shown aggressive behavior shall be kept in the center or on the grounds.
E. All animal excrement shall be removed promptly, disposed of properly, and, if indoors, the soiled area cleaned and sanitized.
F. If a child is bitten by an animal while in care, the following procedures shall be followed:
1. The site of the bite shall be washed with soap and water immediately;
2. Appropriate first aid shall be administered immediately, including appropriate medical attention if necessary;
3. The child's parent and the local health department shall be notified immediately to report the animal bite incident; and
4. The incident shall be documented in the child's record as required by 8VAC20-781-50 and a written report shall be given to the parent as required by 8VAC20-781-400.
G. Manure shall be removed from barns, stables, and corrals at least once a day and stored and disposed of in a manner to prevent the breeding of flies.
Part XI
Evening and Overnight Care Programs
8VAC20-781-660. Evening and overnight care.
A. For evening care, beds with mattresses or cots with at least one inch of dense padding shall be used by children who sleep longer than two hours and are not required to sleep in cribs.
B. For overnight care, beds with mattresses or cots with at least two inches of dense padding shall be used by children who are not required to sleep in cribs.
C. In addition to the provisions of 8VAC20-781-440 regarding linens, bedding appropriate to the temperature and other conditions of the rest area shall be provided.
D. Centers providing evening care or overnight care on an occasional basis are not required to meet the requirements subsection A and B of this section if sleeping bags or cots are used.
E. If sleeping bags are used, the provisions of 8VAC20-781-430 A through H regarding cribs, cots, rest mats, and beds shall also apply to the use of sleeping bags.
F. In centers providing overnight care, an operational tub or shower with heated and cold water shall be provided.
G. Activities for children in evening or overnight care shall include, as time allows, age-appropriate activities as described in 8VAC20-781-310 through 8VAC20-781-350.
H. Quiet activities shall be available immediately before bedtime.
I. School-age children may use bunk beds for sleeping.
J. Primitive camps are not required to have a tub or shower.
Part XII
Therapeutic and Special Needs Programs
8VAC20-781-670. Applicability.
A child day center that meets the definition of a therapeutic child day program or special needs child day program shall also comply with all requirements of Parts I through XI of this chapter.
8VAC20-781-680. Assessments.
Therapeutic child day programs shall ensure that an individual assessment is:
1. Completed within six months before the child's attendance or 30 days after the first day of attendance and maintained for each child.
2. Reviewed and updated for each child no less than once every 12 months.
8VAC20-781-690. Individual service, recreation, education, or treatment plan.
Therapeutic child day programs shall ensure that an individual service, recreation, education, or treatment plan is:
1. Developed for each child by the director or the director's designee in consultation with primary staff responsible for plan implementation.
2. Implemented within 60 days after the first day of the child's attendance.
3. Reviewed every three months and revised if needed by the director or the director's designee in consultation with primary staff responsible for plan implementation. The review and revisions shall be done in partnership with the child's parent.
4. Maintained in the child's record, with a copy given to the child's parent.
8VAC20-781-700. Qualifications of staff.
Notwithstanding 8VAC20-781-90 and 8VAC20-781-110, therapeutic child day programs and special needs programs shall ensure that:
1. Directors have education and programmatic experience in the group care of children with special needs.
2. Lead teachers have at least three months of programmatic experience in the group care of children with special needs.
8VAC20-781-710. Staff training.
Therapeutic child day programs and special needs child day programs shall ensure that staff who work with children:
1. Receive training before assuming job responsibilities in:
a. Staff occupational health and safety practices in accordance with Occupational Safety and Health Administration's bloodborne pathogens regulation (29 CFR 1910.1030);
b. Activity adaptations;
c. Medication administration;
d. The special needs of the children in care, including functional abilities and accommodations;
e. Disabilities and health issues; and
f. Appropriate precautions and intervention strategies.
2. Annually complete eight additional hours of training on topics related to the care of children with special needs.
8VAC20-781-720. Staff-to-children ratio requirements.
A. For therapeutic child day programs and special needs child day programs, in each grouping of children of preschool age or younger, the following ratios of staff to children are required according to the special needs of the children in care:
1. For children with severe and profound disabilities, multiple special needs, serious medical need, or serious emotional disturbance: one staff member to three children.
2. For children diagnosed as having an intellectual disability with significant sub-average intellectual functioning and deficits in adaptive behavior, children with physical and sensory disabilities, or children with autism: one staff member to four children.
3. For children diagnosed as having an intellectual disability in the mild range of development, children with a developmental delay, or children diagnosed with attention deficit/hyperactivity disorder (ADHD): one staff member to five children.
4. For children diagnosed with specific learning disabilities: one staff member to six children.
5. When children with varied special needs are included in a group, the staff-to-children ratio applicable to the child with the most significant special need in the group shall apply to the entire group.
6. Whenever 8VAC20-781-270 B requires more staff than subsection A of this section because of the children's ages, 8VAC20-781-270 B shall take precedence over subsection A of this section.
B. For therapeutic child day programs and special needs child day programs, in each grouping of school-age children, the following ratios of staff to children are required according to the special needs of the children in care:
1. For children with severe and profound disabilities, autism, multiple special needs, serious medical need, or serious emotional disturbance: one staff member to four children.
2. For children diagnosed as having an intellectual disability with significant sub-average intellectual functioning and deficits in adaptive behavior or with physical and sensory disabilities, ADHD, or other health impairments: one staff member to five children.
3. For children diagnosed as having an intellectual disability in the mild range of development or as developmentally delayed: one staff member to six children.
4. For children diagnosed with specific learning disabilities or speech or language impairments: one staff member to eight children.
5. When children with varied special needs are included in a group, the staff-to-children ratio applicable to the child with the most significant special need in the group shall apply to the entire group.
C. Group size requirements in 8VAC20-781-270 A do not apply to therapeutic child day programs and special needs child day programs.
8VAC20-781-730. Equipment and materials.
Therapeutic child day programs and special needs child day programs serving children who use wheelchairs shall provide appropriate positioning equipment and cushioned vinyl-covered floor mats for use when activities require children to be out of wheelchairs.
8VAC20-781-740. Special feeding needs.
A. For therapeutic child day programs and special needs child day programs, the consistency of food shall be appropriate to a child's special feeding needs.
B. Necessary and adaptive feeding equipment and feeding techniques shall be used for children with special feeding needs according to the information on file pursuant to 8VAC20-781-50 B 5.
8VAC20-781-750. Transportation for non-ambulatory children.
A. Therapeutic child day programs and special needs child day programs providing transportation to non-ambulatory children shall ensure children are transported in a vehicle that is equipped with a ramp or hydraulic lift to allow entry and exit.
B. Wheelchairs shall be equipped with restraining devices and shall be securely fastened to the floor when used to seat children in a vehicle.
C. Arrangements of wheelchairs in a vehicle shall not impede access to exits.
D. For therapeutic child day programs and special needs child day programs, when the center is responsible for providing transportation, the center shall develop and implement a plan based on the needs of the children in care to ensure safe supervision during on-loading, off-loading, and transporting.
E. When 16 or more children are being transported, there shall be at least one staff member or adult besides the driver for each group of 16 children.
F. For therapeutic child day programs and special needs child day programs, if a child who has a known seizure disorder or neurological, genetic, or physiological disability causing increased medical risk is being transported, one staff member or adult who is not the driver and who is trained in first aid and CPR shall be present in the vehicle.
NOTICE: The following forms used in administering the regulation have been filed by the agency. Amended or added forms are reflected in the listing and are published following the listing. Online users of this issue of the Virginia Register of Regulations may also click on the name to access a form. The forms are also available from the agency contact or may be viewed at the Office of Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.
FORMS (8VAC20-781)
Medication Authorization Form (rev. 11/2025)
Report of Tuberculosis Screening for Child Day Programs (eff. (insert effective date of regulation))
VA.R. Doc. No. R24-7610; Filed October 28, 2025