Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Standards for Licensed Family Day Systems [22 VAC 40 ‑ 121]
Action Licensed Family Day Systems Regulation Comprehensive Review
Comment Period Ended on 3/16/2011


All comments for this forum
Back to List of Comments
2/15/11  10:53 am
Commenter: Ileene Hoffman

Intended Regulary Action

Infant Toddler Family Day care opposes the intended regulatory action to repeal the current regulation and adopt new regulations to require system-approved homes to be consistent with those for ficnesed family day homes.

CommentID: 15090

3/3/11  4:05 pm
Commenter: Lisa Farinholt-O'Brien

Burdensome Changes Could Impact Families/Children

Infant/Toddler Family Day Care is a private nonprofit organization that goes above and beyond the standard licensing regulations.  The best interest of children and Early Child Care Educators (ECCE's)/providers is at the core of the organizations values.  The organization was previously told they would have new licensing regulations and went above an beyond to implement the regulations only to be told that the regluations would not be changed.  Although not mandatory, the organization still went ahead and implemented most of the changes because it was in the best interest of the ECCE's and children in their care.

Now the state has decided they are going to require Infant/Toddler Family Day Care to change to the full new regulations.  This is a great burden on the organization financially and on the ECCE's since it is going to create confusion.  There are specific regulations that are particularly burdensome.

1- Proof of High School completion- Since most of our ECCE's are not from the United States this will be impossible for them.

2- Previous Experience- The seems unrealistic since most people interested in the child care field come to it to learn and may not have professional or volunteer experience but a love for children.  Our organization goes above an beyond by requiring over 20 hours of classroom training and 40 hours of on the job mentoring before the ECCE can even have a family referred to them for an interview.  This should be acceptable for experience.

3- Evidence of Finances- We serve low income indiviuals and help them to become financially secure.  This requirement seems to discriminate and may cause families that would otherwise enter our program not to.

4-CPR/First Aid Training will not count toward annual training hours.  Why?  If Medication training (MAT) does.

5- Heating System Checks- How does the state enforce this?

6- Recordkeeping- Our program/system already has recordkeeping in place and should be able to continue with this.

Please do not go back on what you previously told Infant/toddler Family Day Care and think about how the above changes could impact many families and the organization (especially finacially) if implemented.  Thank you for your consideration.


CommentID: 16162

3/8/11  4:11 pm
Commenter: Wynne Busman, Infant Toddler Family Day CAre

Comments re System Licensing
I would like to express my concerns about the notice of intended regulatory action for Family Day System Regulation. During 2010 our organization, Infant Toddler Family Day Care, the only system in  Virginia, was told that our licensing regulations were to change effective July 1, 2010. I would like to detail here what happened during 2010:
·         On 11/5/09 we were told that the final systems regulation was being taken to the State Board in April and could be effective at the time or near the time the FDH regulation is effective (7/1/10. We were told we would be kept posted on the regulation’s progress.
·         On 2/1710 we were told the final system regulation was going to be emailed to us for our input and feedback. 
·         On 3/9/10 we received an email to update us on the status of the system regs and to set up a time to discuss the proposed FINAL. The email stated that the Board presentation for this regulation was temporarily postponed and would not go to the April State Board. The email also said “It is important for our group to meet together and discuss the proposed FINAL family day system regulation, prior to the final being presented to the State Board.” 
·         On March 20, 2010 it was determined that we would meet in Warrenton, Va on March 31, 2010 from 9:30 am to 3:00 pm to review the regulations. We were given the links to find the regulations to review prior to the meeting. 
·         On March 30, 2010 we received an email reminding us to attend the March 31 meeting in Warrenton and to review the two licensing documents prior to the meeting. We were also told to bring our own copies and to remember that the family day home regulation effective 7/1/2010 is incorporated by reference into the SYSTEM regulation.
·         During the March 31 meeting we were told that we could only change wording. We could not change any of the requirements of the regulations.
·         We were told that our staff was required to attend licensing training and that no more than 2 staff members should attend each training. We received the registration forms by fax from licensing on April 5.
·         Nine of our staff members attended the four hour training during the months of May and June.
·         We were led to believe that the regulations would go in to effect on July 1, 2010 for family day homes and for the system.
·         We began the process of putting the new regulations in to place by having the regulations copied for 150 providers and staff, setting up new home evaluation procedures, copying a multitude of forms on the licensing website that was recommended for us to use.
·         We implemented a new policy for the points to determine capacity in the homes.
·          We developed and sent a letter to the parents telling them about the new point system.
·         We developed and sent a letter to the providers telling them about the new point system.
·         We updated our provider handbook, website, and internal documents.
·         We sent the following email to our licensing specialist on Tuesday, May 11:
“We are currently attending the training on the new licensing for providers, and we have several questions:
1.    Can we send new providers to the licensing office for the training that all new providers participate in?
2.    Before we train our current providers can you do a presentation for our staff to explain how the licensing staff conducts a home evaluation and some information about the licensing training for new providers? 
3.    Can we have a copy of the power point used at the training we attended?
4.    Can you give us a copy of the home evaluation tool you use with state licensed providers?
We are planning a staff meeting in early June after the staff has attended the training.  We may have additional questions after that meeting.  Thanks for your help.
·         We received the following email response from our licensing specialist on June 3, 2010:
Our trainings filled completely as soon as the information went out to our providers. We have a large number of providers in this region and still can not offer enough trainings to accommodate all of them.
  1. We have a trainer on staff who does Family Day Home trainings for our providers. She may be able to do this for you, but not until after June. We are all very busy training our own providers to be ready by July 1st. Her name is Kareen Rodriquez and her phone number is (703) 359-1256. You can talk with her directly and see if she can do this for you.
  2. I believe the power point is now on line. You can contact Karen Cullen in Richmond (804) 726-7152 about this.
  3. What we check at each inspection is on the software programmed into our computers and I would not know how to give this to you.

We spent many hours during staff meetings preparing for the changes to the regulations.

·         We continued to operate with the understanding that our licensing regulations had changed effective July 1, 2010.
·         We planned a training on the new licensing regulations for all providers.
·         In late October, early November 2010 we were informed that our licensing regulations had not changed on July 1, 2010 and that we were still operating under our old regulations.
·         We canceled the training on the new licensing regulations for providers.
·         On November 23, 2010 we received the following email from DSS:
“As we discussed in our telephone conversation today, on the advice of the Department’s legal counsel, we will be recommending to the State Board of Social Services at their December meeting to withdraw the Notice of Intended Regulatory Action (to repeal the current systems regulation - 22 VAC 40-120 and replace it with a new regulation) and also to withdraw the proposed regulation 22 VAC 40-121 that was published in the Virginia Register of Regulations on August 9, 2004.  We will also be recommending to the State Board of Social Services at their December meeting to approve a new Notice of Intended Regulatory Action (to repeal the current systems regulation - 22 VAC 40-120 and replace it with a new regulation – 22 VAC 40-121).
What this means to Infant Toddler Family Day Care is that the system and system-approved homes must continue to comply with the requirements of the Minimum Standards for Licensed Family Day-Care Systems (22 VAC 40-120) and any applicable requirements of the Code of Virginia for licensed and regulated child welfare agencies (such as requirements for background checks at 63.2-1720 and 63.2-1721, proof of a child’s age and identity at 63.2-1809, insurance notice requirements at 63.2-1809.1, and medication administration at 63.2-3408 O).”
·         The next email we got was dated February 15, 2011 and said the following:
“The initial stage (Notice of Intended Regulatory Action) for the regulation is open for public comment now through March 16, 2011.  You can see the documents and enter comments at the following website:
The next stage is the Proposed stage and you will then see the entire new regulation and have 60 days to comment on it.  I will notify you when that public comment period begins”
Costs to the organization:
            400 hours at $35.00 per hour                  $14,000.00
            Mileage 300 miles at .50 per mile           $150.00
            Reproduce 150 licensing regulations         $1200.00
            Reproduce miscellaneous materials          $500.00
TOTAL                                                                                      $15,850           
My major concerns are that we were led to believe that we needed to comply with the new regulations on July 1, 2010 and we put everything in to place at great expense to our small non-profit organization. The time we spent is not only an issue of money but means that we were not able to concentrate on other pressing issues. We also went to great expense to reproduce materials for our staff and family child care homes, for staff to attend training, for staff to plan training for the providers and then we were told the new regulations do not apply to us. One of the biggest concerns was changing the point system we were using. It was not an easy transition to change the point system and changing back and canceling training, etc. makes us look very foolish to both parents and providers. 
In addition, there are several regulations that will be difficult to enforce and that would create a hardship on the organization. 
1.    The provider shall give evidence of financial responsibility (this is intrusive to the family)
2.    Obtaining high school transcripts. (Many of our providers are immigrants/refugees and have no way of obtaining a sworn affidavit with a letter from school authorities stating that the records are not available and having to apply for an allowable variance if cumbersome.)
3.    Three months of programmatic experience prior to caring for children is unrealistic.
4.    Why is medication administration training counted toward the annual training hours and First Aid and CPR training is not?
5.    Although of importance, annual checks of heating systems are costly and difficult to enforce.
6.    Some of the record keeping seems very cumbersome when our caregivers typically care for no more than five children.
7.    Some of these regulations will place hardships on low income family child care providers which Will discourage economic self-sufficiency (they may leave the field and be unemployed and the community will not have sufficient child care slots) which will decrease disposable family income.
We are a small non profit with a staff of eleven. WE GET NO FUNDING FROM THE STATE OR LOCAL GOVERNMENT TO RECRUIT, SCREEN, TRAIN, LICENSE, AND MONITOR OUR FAMILY CHILD CARE HOMESImplementing new regulations a SECOND time creates an extreme hardship to our organization both financially and for staffing.  
CommentID: 16209