B8 requiring parents to disclose to centers “previous child care centers attended” seems like a privacy issue.  Centers may choose to ask, but the state should not require this information to be disclosed.

8VAC20-781-50 Children's records

B. Each enrolled child's record shall contain the following information before the first day of attendance, unless otherwise stated:

1. Name, preferred name (if any), sex, birth date of the child, and address;

2. Name, home address, and telephone number of each parent who has custody;

3. Name and telephone number of two designated people to call in an emergency if a parent cannot be reached;

4. Names of persons to whom the child may be released, including agencies with whom the parent has a contract in place to provide a specialized service to the child. Appropriate legal paperwork shall be on file when a custodial parent requests the center not to release the child to the other parent;

5. A list of health issues, including allergies, intolerances to medication or other substances, chronic physical or medical conditions, special needs, dietary restrictions, dietary preferences, pertinent behavioral or developmental information, and special accommodations needed;

6. For items in subdivision 5 of this section that are reasonably likely to result in a medical emergency, an emergency care plan that has been developed in consultation with a physician or a physician's designee;

7. Written agreements as required by 8VAC20-781-410;

8. Previous child day care and schools attended by the child, as well as any child day care or school concurrently attended by the child;

9. Documentation of viewing proof of the child's identity and age as outlined in § 22.1- 289.049 of the Code of Virginia;

10. Documentation of health information as required by 8VAC20-781-80. When a center assumes responsibility for the child directly from a school or the center transfers responsibility of the child directly to the school, the center is not required to maintain documentation required by 8VAC20-781-80 A and B of the school's records for that child;

11. Documentation of the enrollment of a child experiencing homelessness enrolled under the provision of 8VAC20-781-80 C; and

12. The date of initial attendance and the last day of attendance.

  

A does not give centers the option to collect or not collect this documentation.  Staff often have other more critical concerns.  Some centers have advanced technology which has the ability to capture this information in real time.  For those centers that do not (or can’t afford) such option, the burden is placed on the classroom teacher to focus on this daily requirement which may take their focus off the children in the classroom.

8VAC20-781-70 Attendance records; reporting
A. The center shall maintain a record of daily attendance that documents the arrival and departure times of each child as arrival and departure occur.

 

D1 should allow TB tests to be valid for a previous 180 day (6 month) prior to hire window.  Anything that can be done to streamline the hiring process and/or lesson the barriers should be considered.  Item 2.A. states “…any staff member who develops symptoms compatible with Tuberculosis disease, regardless of the date of the last TB screening or assessment, shall immediately obtain and submit a new Tuberculosis screening.  (A safe guard is already in place)

8VAC20-781-80 Health provisions
D. Tuberculosis.

1. Before a staff member's date of employment, the results of a screening assessment documenting the absence of tuberculosis in a communicable form shall be submitted to the center. The documentation shall contain the elements of the current tuberculosis screening form published by the Virginia Department of Health and shall have been completed within 90 calendar days before coming in contact with children at the center.

2. A staff member or volunteer who develops symptoms compatible with active tuberculosis disease, regardless of the date of the last tuberculosis screening or assessment, shall immediately obtain and submit a new tuberculosis screening form required in subdivision 1 of this subsection.

3. A staff member or volunteer who comes into contact with a known case of infectious tuberculosis shall immediately obtain and submit to the center a new tuberculosis screening form required in subdivision 1 of this subsection. Until a new screening form is issued that documents the absence of tuberculosis in a communicable form, the staff member shall not have contact with children.

 

B2b should not exclude  8VAC20-781-130 B and C because it is the same exact training required in that standard and the Lead Teacher training requires 8 more hours than the Orientation training.

8VAC20-781-110 Lead teacher qualifications
B. Lead teachers shall meet a director qualification stated in 8VAC20-781-90 or one of the following education and experience requirements:

1. Three months of programmatic experience and one of the following:

a. A one-year community college certificate in a child-related field with a minimum of 30 total college credits;

b. A career studies certificate in a child-related field with a minimum of 12 total college credits;

c. A teaching diploma from an internationally or nationally recognized Montessori organization; or

d. A credential in a child-related field by an organization listed in § 22.1-289.048 of the Code of Virginia or an equivalent credential recognized by the department.

2. Six months of programmatic experience and:

a. A Virginia endorsement in a child-related field approved by the department; or

b. Twenty-four hours of training in the following topics: child development, behavior guidance, playground safety, and health and safety issues. This training shall be completed before being promoted or beginning work or within 60 days after being promoted or beginning work. Orientation training required by 8VAC20-781-130 B and C shall not be used to meet this qualification.

 

B8 should replace the word “ensure” with “will strive” or “will attempt”.

8VAC20-781-130 Orientation training

B. The center shall provide orientation training to all staff who will work with children. The orientation training shall be completed by staff before working alone with a child and within seven days of the staff member's date of employment. The orientation training shall include all the following facility specific topics relevant to the staff member’s job responsibilities:

1. Recognizing child abuse and neglect and the legal requirements for reporting suspected child abuse and neglect as required by § 63.2-1509 of the Code of Virginia;

2. Introduction and orientation to each child assigned to staff, including health issues documented according to 8VAC20-781-50 B 5;

3. Child development;

4. Classroom management;

5. Abusive head trauma prevention and, if serving infants or toddlers, prevention of shaken baby syndrome, coping with crying babies and distraught children;

6. Safe sleeping practices and sudden infant death syndrome awareness;

7. Playground safety to include (i) how staff will engage in the active supervision of children and (ii) maintenance of equipment and protective surfacing;

8. The supervision of children and all the requirements of Part V (8VAC20-781-260 et seq.) of this chapter to include (i) methods of active supervision of children; (ii) how the center will ensure that each group of children receives care by consistent staff or team of staff members; (iii) how the center will identify where children are at all times, including during group transitions and field trips; (iv) actions to take when a child arrives after scheduled activities have begun, including field trips or when the group is off site or not in the assigned room when the child arrives; and (v) maintaining staff-to-child ratios;

9. Assuming and releasing care of children to include (i) the method of confirming the absence of a child when the child is scheduled to arrive from another program or from an agency responsible for transporting the child to the center; (ii) the method for verifying that children are released only to individuals authorized by the parents; and (iii) child pickup after normal hours, during emergencies, and when a child's class is off site or not in the assigned area;

10. Actions to take in case of a lost or missing child, ill or injured child, or when a child has a medical or other emergency;

11. Confidentiality, including how records will be kept confidential and secure and how the privacy of children will be maintained, including expectations for communications, use of technology, and social media;

12. Food service, storage, safety and preparation, and nutrition, according to the requirements of 8VAC20-781-610 and 8VAC20-781-620;

13. Emergency procedures and written safety rules according to requirements of 8VAC20-781-450 and 8VAC20-781-460;

14. Emergency preparedness and response according to the requirements of Part IX (8VAC20-781-580 et seq.) of this chapter;

15. The center's transportation policies according to the requirements of 8VAC20-781-630 and 8VAC20-781-640, including accounting for children before leaving for a field trip, upon arriving at a field trip site, before leaving a field trip site, upon returning to the center, and during any stops on the field trip;

16. The center's policies and procedures for medication according to the requirements of Part VIII (8VAC20-781-510 et seq.) of this chapter;

17. Behavior guidance according to the requirements of 8VAC20-781-370 and 8VAC20-781-380;

18. Parent engagement, communication, notification, and agreements according to the requirements of 8VAC20-781-390, 8VAC20-781-400, and 8VAC20-781-410;

19. Preventing the spread of disease and infection control according to the requirements of Part VII (8VAC20-781-470 et seq.) of this chapter; and

20. Prevention of and response to emergencies due to food and other allergies, including:

a. Recognizing the symptoms of an allergic reaction;

b. Responding to allergic reactions;

c. Preventing exposure to the specific foods and other substances to which a child is allergic; and

d. Preventing cross-contamination.

 

G needs to clarify where two-year-olds go.  The definition of a toddler no longer includes 2 year olds.

8VAC20-781-230 Areas
G. Infants and toddlers shall have a separate outdoor play area or shall not occupy the outdoor play area at the same time as preschool and school-age children.

 

C has potential to create unnecessary paperwork because the only way to ensure that it happens is to document that it did.  Also, what constitutes as close to arrival as possible.  I feel that C creates a very gray area and will need a lot of clarification.

8VAC20-781-160 Daily health observation training
C. The licensee shall ensure that a trained staff member conducts a daily health observation of each child as close to arrival as possible and whenever staff responsible for the care of a child notes a change in behavior or appearance.

 

D3 states strings and cords long enough to encircle a child’s neck.  Does this include laces and strings for stringing beads, which is a critical fine motor skill?   A string short enough to accommodate this standard would make stringing beads/noodles for necklaces a thing of the past.  If you are meaning only hanging cords… the words such as should be changed to specifically.

8VAC20-781-220 Hazardous substances and other harmful agents
D. Hazardous items.

1. Empty plastic bags large enough for a child's head to fit inside, disposable gloves, and rubber or latex balloons shall be inaccessible to children younger than three years of age;

2. Items with a diameter of less than 1-1/4 inch and a length of less than 2-1/4 inches shall be inaccessible to children younger than three years of age; and

3. Strings and cords long enough to encircle a child's neck, such as those found on window blinds or drapery cords, shall be inaccessible to children younger than six years of age.

 

J does not define Sandbox. Having a cover/tarp on my sandbox will create a water hazard when it rains/snows as there is no bottom so the water does not sit in puddles for long periods of time currently, where if there was a cover, the water would pool and create a water hazard.  If I take out the sides and make it a sandpile does that change the need for a cover?

8VAC20-781-250 Indoor and outdoor play areas and equipment
J. Sandboxes shall be covered when not in use.

 

B7 should add the words if applicable.  It is not always possible to have a future action to prevent reoccurrence.

8VAC20-781-400 Parent communication and notification
B. The center shall maintain a written record and provide parents with a written report of each injury involving their child on the day of occurrence. The written report shall protect the confidentiality of other children involved, and shall include:

1. Date and time of incident or injury;

2. Child's name;

3. Type and circumstance of incident or injury;

4. Staff present and actions taken or treatment offered;

5. Date, time, and method used to notify parents;

6. Staff and parent signatures or two staff signatures; and

7. Future action to prevent reoccurrence.

 

J should allow for tables and highchair trays to be cleaned and sanitized before eating and only cleaned after eating

8VAC20-781-610 Nutrition and food services
J. Tables and highchair trays shall be cleaned and sanitized before and after each use for feeding;