We insist that the standards provide more information regarding the nuances of applying the changes to the requirements for background checks implemented by the Commonwealth.  The proposed standard, 22VAC40-185-70.A.3, references the regulation entitled Background Checks for Child Welfare Agencies, 22VAC40-191.  As it stands, that current regulation is in conflict with guidance from the Department of Social Services in the form of a series of memos sent out by the Division of Licensing -Children’s Programs, beginning in May of 2017.  Without a valid regulation to reference, we are left to contend with the lack of guidance from the Division of Licensing, who have either provided capricious interpretations of the Code of Virginia (§63.2-1720, et al) or no answers to our inquiries. 

For example, in a memo dated January 17, 2018, the Division of Licensing advises that determination letters do not transfer to another employer.  This is in direct conflict with The Child Care and Development Block Grant Act of 2014, which allows for portability within a five-year time frame if the employee has not been separated from child care employment for more than 180 consecutive days.  The Department indicates in their proposal for review to the executive branch on June 14, 2017, that the regulations were proposed to align with, but did not exceed, federal requirements.  The Departments subsequent interpretation of the proposed standards, in effect, makes that statement false.  It also again burdens the budgets of child care facilities who will have to submit and pay for another background check that would have been satisfactory at the previous place of employment for up to five years.  Furthermore, it also affects outside vendors providing services to multiple childcare facilities.  For vendors submitting comparable background checks on each staff member to each facility that requires it prior to providing services, those costs would be exponential.  Meanwhile, in stark contrast, the Department allows the Central Registry Search results to remain portable between centers under certain circumstances. 

All in all, the version of standards that are approved should not be permitted to reference a document that contains incorrect information, yet expect compliance from the population that it seeks to guide.  In 2014, the Department was required to convene a work group to develop a plan to implement fingerprinting.  Even though they recommended regulatory changes to 22VAC40-191, we do not see any movement to amend this regulation on the Department’s agenda.  Therefore, we insist that either the proposed changes offer additional clarification on the description of background checks required, who should have background checks, when they should be done, how often they should be repeated, and regulations on portability, or the referenced regulation be brought up to date before these standards are approved.