The hard work towards making standards more succinct needs to be applauded.  There are a few things that I would like to point out:

The standard below regarding maintenance of background check records is confusing at best.

_{8VAC20-821-210 Maintenance of background check records
A. A child day program or family day system shall keep background check records at its place of business for at least two years after the background check is required, unless federal or state law or regulation requires the records to be kept for longer. If multiple child day programs are owned by the same entity, such records may be kept at a single location and shall be made available to the superintendent upon request.}  

It seems to be saying that 2 years after the background check is required, we are not required to maintain record of the check.  Which sounds like after someone has been employed for 2 years, we don't have to maintain that record anymore.  Currently, we have to repeat background checks every 5 years (although I cannot find the actual time line in any standards/state laws)  If we are talking about after an employee is terminated, the state law says:

_{8VAC20-770-70. Keeping background check records.}

_{D. A voluntarily registered family day home must keep all background check information for two years after a person required to provide background check terminates his duties with a facility or no longer resides in the home. All other facilities must keep all background check information for one year after a person required to provide background checks terminates his duties with a facility or no longer resides in the home.}

Another background check item that needs clarification is the documentation from another state that no search was performed or contacting the state in writing. 

_{8VAC20-821-190 Out-of-state child abuse and neglect registry and criminal history record searches
A. If any individual required to get a background check has lived in another state in the past five years and the results of the request to search the child abuse and neglect registry or criminal history record maintained by that state has not been returned, the individual shall obtain the following before the background check may be considered complete:}

_{1. Documentation of the refusal from the state if no search was performed; or}

_{2. Documentation showing that the individual contacted the state in writing to obtain the results of the child abuse and neglect registry or criminal record history at least 45 days after the initial request.}

There are some states that specifically state on their websites that they will not do out of state background checks.  Can that be printed and used as documentation of refusal from another state.  It seems silly to have to contact the state in writing, when you know that they are not going to send a response.  It needs to be clarified what counts as refusal from the state.

Another issue that I think it would be proactive of the BOE is to explicitly describe how one goes about getting "scored" when it comes violations.  Some violations hold a higher "danger" rating, while others are not as high.  This scoring is used to determine renewal of licensure, and it is not made clear, nor published anywhere.  While having zero violations at all times would be the goal, at times, that is not always possible.  When you are graded on assignments, you are given a rubric or a guideline that describes how the assignment will be graded.  I feel that should be applied in this situation as well.  It needs to be clearly stated what gets you a renewal, probationary, or denial of licensure during the renewal process.

One final issue that needs to be addressed is posting findings that are being appealed.  Once the appeal process has been initiated, that violation should not be posted until there has been a final decision.  These have the potential to harm reputations.  Once something has been posted online, it can easily be saved and shared forever, whether or not that is the final finding.