Title of Regulation: 22VAC15-51. Background Checks for Licensed Child Day Centers (repealing 22VAC15-51-10 through 22VAC15-51-80).

Statutory Authority: §§ 63.2-1734 and 63.2-1735 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: March 12, 2014.

Effective Date: April 1, 2014.

Agency Contact: Karen Cullen, Program Consultant, Division of Licensing Programs, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7152, FAX (804) 726-7132, TTY (800) 828-1120, or email karen.cullen@dss.virginia.gov.

Basis: Section 63.2-217 of the Code of Virginia provides the State Board of Social Services the general authority to develop regulations to carry out the purposes of Title 63.2. Sections 63.2-1719 through 63.2-1721 of the Code of Virginia contain the requirements for background checks for child welfare agencies including child day centers.

Purpose: After the abolishment of the Child Day-Care Council per Chapter 835 of the 2012 Acts of Assembly, effective July 2012, amendments to Background Checks for Child Welfare Agencies (22VAC40-191) were approved by the board. The amendments added the requirements for background checks for licensed child day centers to 22VAC40-191 with substantially similar language to that of Background Checks for Licensed Child Day Centers (22VAC15-51). The amendments to 22VAC40-191 incorporating background checks for child day centers became effective December 1, 2013. Therefore, 22VAC15-51 is no longer necessary because the provisions of 22VAC40-191 protect the health, safety, and welfare of the public.

Rationale for Using Fast-Track Process: The requirements of Background Checks for Licensed Child Day Centers (22VAC15-51) have not changed but are now contained in Background Checks for Child Welfare Agencies (22VAC40-191) in substantially similar language. Repealing the unnecessary regulations should be noncontroversial.

Substance: This action is to repeal the regulation because the requirements of the regulation have been incorporated into another regulation with no substantive changes made.

Issues: With the repeal of this regulation, the primary advantages to the public and the agency are that background check requirements for all child welfare agencies will be in one regulation. There are no disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Board of Social Services (Board) proposes to repeal this regulation.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The Child Day-Care Council (Council) adopted this regulation governing background checks for licensed child day centers in June 2004. Chapter 835 of the 2012 Acts of Assembly eliminated the Child Day-Care Council and assigned responsibility for regulating child day programs to the Board. Subsequently, background checks for licensed child day centers were incorporated into the Board's comprehensive background checks regulation, 22VAC40-191. Consequently, this regulation has become obsolete. Repealing this regulation would be beneficial in that it would help eliminate potential confusion by readers.

Businesses and Entities Affected. There are 2570 licensed child day centers in the Commonwealth, most of which are small businesses.¹ The proposed repeal of this regulation will not directly affect child day centers or any other any business or entity beyond eliminating potential confusion.

Localities Particularly Affected. The proposed repeal does not disproportionately affect particular localities.

Projected Impact on Employment. The proposed repeal will not affect employment.

Effects on the Use and Value of Private Property. The proposed repeal will not significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed repeal will not significantly affect costs for small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed repeal does not adversely affect small businesses.

Real Estate Development Costs. The proposed repeal does not affect real estate development costs.

Legal Mandate. 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 Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

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¹ Source: Department of Social Services

Agency's Response to Economic Impact Analysis: The Department of Social Services concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

This regulatory action repeals the regulation governing background checks for licensed child day centers that was adopted by the Child Day-Care Council in June 2004. Chapter 835 of the 2012 Acts of Assembly abolished the council effective July 1, 2012, and regulations for background checks for licensed child day

centers were incorporated into the State Board of Social Services' comprehensive background checks regulation, 22VAC40-191.