Vol. 29 Iss. 3 - October 08, 2012

Chapter 186
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider repealing 22VAC40-185, Standards for Licensed Child Day Centers, and adopting 22VAC40-186, Standards for Licensed Child Day Centers. Legislation enacted at the 2012 Session of the General Assembly abolished the Child Day-Care Council (council) and transferred authority for promulgating council regulations to the State Board of Social Services. As a result of this transfer, the Registrar of Regulations created a new number for the Standards for Licensed Child Day Centers, 22VAC40-186. The renumbering of the regulation becomes effective November 1, 2012, to allow time for systems updates.

This regulatory action has several purposes. The first purpose is to ensure that parents have sufficient information to make informed decisions about placing their children in licensed child day centers. The second is to facilitate the social, emotional, and intellectual development of children receiving care in licensed child day centers. The third is to ensure the safety of children receiving care in licensed child day centers. The fourth is to improve understanding and interpretation leading to enhanced compliance and enforcement by the adjusted structure, format, and simplified language.

The current regulation has been amended six times since its adoption in 1993 and its current terminology and format is burdensome and confusing for providers, parents, and Division of Licensing Programs (DOLP) staff to navigate. In fact, the current regulations are supplemented by a 63-page guidance document to assist providers, parents, and DOLP staff in interpreting and enforcing the current regulation.

Repeal of the existing regulation and adoption of a new regulation was determined as the most efficient and effective way to make the necessary changes to achieve clarity and consistency, and to protect children.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: November 7, 2012.

Agency Contact: Debra O'Neill, Child Care Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7648, FAX (804) 726-7132, or email

VA.R. Doc. No. R13-3376; Filed September 17, 2012, 8:03 a.m.