Vol. 37 Iss. 14 - March 01, 2021

Chapter 180
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 22VAC40-180, Voluntary Registration of Family Day Homes - Requirements for Providers and promulgating 22VAC40-181, Voluntary Registration of Family Day Homes - Requirements for Providers. The purpose of the proposed action is to replace the existing outdated regulation with a new regulation that incorporates current health and safety criteria; updates health and safety standards to include safe sleep practices; establishes caregiver training requirements to include CPR, First Aid certification, and medication administration of prescription medications; updates background check and tuberculosis screening requirements; and expands emergency preparedness procedures beyond just basic evacuation drills to protect children in care.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 14 (as amended July 16, 2018) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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 63.2-1704 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

Agency Contact: Cynthia Carneal Heflin, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7140, or email

VA.R. Doc. No. R21-6698; Filed February 08, 2021