Vol. 32 Iss. 8 - December 14, 2015

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. This proposed regulatory action is a joint action to repeal the existing regulation, 22VAC40-185, and establish a new regulation, 22VAC 40-186, for licensed child day centers to address health and safety issues. The action is essential to enhance the health, safety, and welfare of children in care. The purpose of the adoption of a new regulation is to support the agency's effort to expand and clarify health and safety requirements; to improve understanding and interpretation leading to enhanced compliance and enforcement by adjusting structure and format and simplifying language; and to 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 their children in licensed child day centers while ensuring the safety of children receiving care in licensed child day centers.

The current regulation has been amended seven 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 67-page guidance document to assist providers, parents, and DOLP staff in interpreting and enforcing the current regulation. The goal of this proposed action is to present a clearly written regulation that will eliminate or substantially decrease the need for such an elaborate technical assistance document.

Repeal of the existing regulation and adoption of a new regulation was determined by the agency as the most efficient and effective way to make the necessary changes to achieve clarity, 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: January 13, 2016.

Agency Contact: Tatanishia Armstrong, Licensing Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7152 ext. 7, FAX (804) 726-7132, or email

VA.R. Doc. No. R16-3376; Filed November 10, 2015, 4:23 p.m.