| Action | Revisions to the Standards for Licensed Child Day Centers |
| Stage | NOIRA |
| Comment Period | Ended on 1/31/2024 |
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We appreciate the challenging work of the Early Childhood Advisory Committee (ECAC) and the Child Care Licensing Regulatory Work Group in the comprehensive review and revision of the child care licensing regulations and the many voices, including our own, at the table. We respectfully suggest that these areas are remaining concerns.
8VAC20-781-40 Required Policies and Procedures
A. The licensee shall develop and implement the following written policies and procedures:
4. Playground safety. Such policies and procedures shall include (i) how staff will engage in the active supervision of children and (ii) maintenance of equipment and protective surfacing.
RESPONSE:
8VAC20-781-260 Includes three pages of playground equipment requirements as well as protective servicing requirements which must be followed by all State Licensed centers. It seems redundant to also write a procedure as to how this is to be followed.
5. Supervision of children. Such policies shall be consistent with all the requirements of Part V of the chapter and 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 offsite or not in the assigned room when the child arrives; and (v) maintaining staff-to-child ratios.
RESPONSE:
(i) 8VAC20-781-270 Requires that staff provide for the safety of children and that staff remain alert to the needs of the children. It also requires the licensee shall ensure sight and sound supervision by staff who are always physically present. 8VAC20-781-320 states the center shall provide a variety of daily activities for all age groups that are age and stage appropriate and based on the physical, social, emotional, and intellectual needs of the children. It also states the center shall provide opportunities for staff-directed and self-directed activities; a balance of active and quiet activities; active outdoor play; and individual and group games. This seems redundant to also write a procedure for active supervision.
(ii) Centers will certainly attempt to do this but with the ongoing staffing crisis, “ensuring” this is not a reasonable request.
(iv) Why is a written procedure needed for this? Can the child just “join their group” whenever they arrive? We do not object to a written procedure for when a child misses a field trip or when the group is offsite and not in the assigned room when the child arrives.
8. Records. Such policies and procedures shall describe how records shall be kept confidential and secure; remain accessible, including during power outages or emergencies, and shall meet the requirements of 8VAC20-781-50 through 8VAC20-781-90.
RESPONSE:
8VAC20-781-50 A. Requires Staff and children’s records shall be treated confidentially. A written procedure describing how records are kept confidential is not needed.
9. Confidentiality. Such policies and procedures shall describe how staff will maintain the privacy of children in care, including expectations for communications, use of technology, and social media.
RESPONSE:
Staff are required to sign a Confidentiality Statement at orientation per licencing regulations. A “procedure” is already in place.
15. Medication. Such policies and procedures shall meet all the requirements of Part VIII of this chapter.
RESPONSE:
Medication policies and procedures are outlined in 8VAC20-781-520 through 8VAC20-781-570; this is another redundancy.
19. Preventing the spread of disease and infection control. Such policies and procedures shall meet all the requirements of part VII of this chapter
RESPONSE:
All of the policies and procedures are clearly outlined in 8VAC20-781-480 through 8VAC20-
781-510.
8VAC20-781-50 General Recordkeeping
C. The licensee shall keep all records required by 8VAC20-781-60 and 8VAC20-781-70 in locked files or a secure electronic file, except for those required to be accessible pursuant to 8VAC20-781-600; and access to such files should be restricted according to a principle of least privilege.
RESPONSE:
This standard is already covered in section A, …Staff and children’s records shall be treated confidentially.
8VAC20-781-80. Attendance Records; reporting
A. The center shall maintain a record of daily attendance that documents the arrival and departure times of each child as it occurs.
RESPONSE:
We do not support requiring staff (or asking parents) to record daily arrival/departure times. If parents are asked to do it, teachers will still have to closely monitor the process. Teachers track attendance of each child daily and are aware of each child via sight and sound supervision requirements The priority must be child interactions during these transitions. We do not support unnecessary paperwork which takes the teachers attention away from children, perhaps only for a few seconds, but multiple times every morning and every afternoon.
D. The center shall inform the superintendent as soon as practicable but not to exceed two business days after learning about any incident while a child is under the supervision of the center that required medical attention.
RESPONSE:
As currently written we do not support. This statement is much too broad. If a child is taken to a doctor’s office to have a splinter removed which occurred on a field trip to a public park, centers should not have to notify the superintendent. Parents have D.O.E. contact information where they can report incidents or injuries which occurred while their child was in care of a center if they believe the center’s staff, physical plant, or combination thereof resulted in their child being injured. Are public schools mandated to report such injuries to DOE or their local school boards?
8VAC20-781-120. Lead Teacher Qualifications
B. Lead teachers shall meet a director qualification indicated in 8VAC20-781-100 or one of the following education and experience requirements:
2. Six months of programmatic experience and:
a. A Virginia endorsement in a child-related field approved by the Department; or
b. 24 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 subsections B and C of 8VAC20-781-140 shall not be used to meet this qualification.
RESPONSE:
B. 2.b. Due to ongoing workforce challenges, we suggest reducing it to 12 hours instead of 24 hours. Furthermore, the 12 hours would encompass the following:
4 hrs on child development specific to age group (cognitive, social, emotional, physical)
2 hrs on behavior guidance
2 hrs on health and safety
2 hrs on center’s curriculum including CLASS orientation
2 hrs on parent communication and assessment reports
= 12 hrs total
Training on playground safety would be removed since all employees receive this when hired.
8VAC20-781-140. Orientation Training
A. The licensee shall ensure that all staff who will work with children complete the preservice training sponsored by the Department within 90 calendar days of their date of employment.
RESPONSE:
We suggest the 10 hour video training course be shortened to 5 or 6 hours and furthermore, give staff who work at non-subsidy schools the ability to “opt out” of the chapters on subsidy training.
B. The center shall provide orientation training to all staff who work with children. The orientation training must be completed after receiving the fingerprint background results and by such staff prior to staff 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:
RESPONSE:
We suggest giving centers the ability to immediately begin this training after receiving the fingerprint background check clearance.
1. Job responsibilities and to whom the staff member reports;
2. Recognizing child abuse and neglect and the legal requirements for reporting suspected child abuse as required by 63.2-1509 of the Code of Virginia;
3. All policies and procedures required by 8VAC20-781-40
4. Introduction and orientation to each child assigned to staff, including health issues documented according to 8VAC20-781-60 B 5
5. Child development, and
6. Classroom management.
RESPONSE:
We suggest removing orientation training requirement #6 (Classroom management) unless
the employee is hired as a lead teacher and does not possess one of the Lead Teacher
qualifications outlined in 8VAC20-781-120.
8VAC20-781-220. Building Maintenance
The center shall maintain the areas and equipment of the center, inside and outside in a clean, safe and operable condition. Unsafe conditions include splintered, cracked, or otherwise deterioration wood, peeling paint, visible cracks, bending, warping, rusting, breakage of any equipment; loose or unsecured cords within reach of children; unstable heavy equipment, furniture, or other items that a child could pull down.
RESPONSE:
“Visible cracks” should be removed from this list. Many buildings will display visible “hairline” cracks
as they settle. Many building materials, including concrete and metal, will expand and contract due to change in temperature. Older facilities will especially struggle with this standard. Bending and warping should be removed unless visible specifically on playground equipment to the extent that structural failure is possible. Perhaps add to 8VAC20-781-260. Play areas and equipment.
8VAC20-781-260. Indoor and Outdoor Play Areas and Equipment
V. The requirements of this section shall not prohibit child day programs providing care for school-age children at a location that is currently approved by the Department of Education or recognized as a private school by the State Board of Education for school occupancy and that houses a public school curing the school year from permitting preschool or school-age children to use outdoor play equipment and areas approved for use by students of the school during school hours.
RESPONSE:
The “requirements of this section” refer to three pages of standards for play areas and equipment standards. Strictly following these standards is one of the most expensive budget items of a center’s physical plant. We request this exemption list specifically which requirements in this section “shall not prohibit” and give licensed centers the same options for exemption.
8VAC20-781-280 Staff-to-Children Ratio and Group Size Requirements
I. If a child with a special need is assigned to a more appropriate age group for the child’s developmental level, a written assessment by a recognized agency or professional shall be required at least annually.
RESPONSE:
We suggest adding: “…or a written request by the child’s parents.” Often in these circumstances, the parents prefer a younger group placement for their child and if the center agrees it seems unnecessary and burdensome to require a medical professional’s assessment.
8VAC20-781-330. Daily Care and Activities for Infants
E. The licensee shall ensure that staff shall not confine infants who are awake and not actively eating in one piece of equipment including: swings, highchairs, cribs, play pens, or other similar pieces of equipment for more than 30 consecutive minutes. Except when eating, the intervening time between confinements shall be at least one hour.
RESPONSE:
We suggest “intervening time” be 30 minutes, not one hour. We fully recognize the importance of babies having significant time unrestrained by any equipment. Most infant classrooms have mobile and non-mobile infants and there are often times that safety mandates a non-mobile infant be placed in an age appropriate piece of equipment while mobile infants are crawling and walking. There will most likely be times throughout the day that are not conducive to this new regulation.
8VAC20-781-410. Parent Communication and Notification
A. The center shall inform parents in writing when a pattern of behavioral problems emerges or persists. Such notification shall include any actions taken in response.
RESPONSE:
We object to informing parents “in writing”. Discussions about behavioral issues are very sensitive and challenging for all involved. Conversations allow the message to be delivered with empathy, which promotes the relationship and partnership needed to help the child be successful. The school should decide when, additionally, written documentation is necessary about the behavior and actions taken in response.
H. The licensee shall ensure staff maintain daily records required by subsection G of this section for 60 calendar days from the date of report.
RESPONSE:
These daily records are given to parents every day. Center should not have to keep a copy once placed in the possession of a parent. Center may choose to keep copies but doing this and length of time kept should not be mandated but left to the discretion of the center.
J. The center shall provide to parents of children, at least semiannually or more frequently if needed:
1.Written information about their child’s development, behavior, adjustment, and needs, and
2.Scheduled opportunities for parents to provide feedback on their children. This opportunity to provide feedback shall be documented.
RESPONSE:
1. We suggest removing “behavior” as a written requirement.
2. Parents are required to sign in and sign out their child daily to a staff member. Unlike public schools, our clients enter our centers daily and experience face to face contact with their child’s teacher. Opportunities to provide feedback occurs naturally on a daily basis and does not require “scheduled” opportunities.
8VAC20-781-490. Hand Washing
D. The licensee shall ensure that staff wash their hands with liquid soap and running water:
a. Helping a child use the toilet
(This should be moved to the “After” category)
b. A diaper change
(When gloves are used, this should be moved to the “After” category)
c. Feeding or helping children with feeding
d. Preparing or serving food or beverages, and
e. Administering medication or over-the-counter skin products.
(spraying on sunblock or applying any skin product that does not involve touching should be eliminated from this. If staff are supervising children at a swimming facility and it’s time to re-apply sunscreen, this is overly burdensome for staff to find a sink with liquid soap and running water to wash hands prior to applying)
a. Using the toilet
b. Contact with any body fluids
c. Eating
d. Handling garbage or cleaning materials
e. Coming in from outdoors, and
f. Handling or caring for animals
E. The licensee shall ensure that staff wash their hands with liquid soap and running water when their hands are visibly dirty and when entering the classroom before working with children.
RESPONSE:
We suggest removing “and when entering the classroom before working with children”. Staff are required to wash their hands prior to helping with toileting, diapering, preparing and feeding children, and administering medications as well as when visibly dirty. The staff’s attention should be focused on the children when entering the classroom.
8VAC20-781-580. Topical Skin Products
A. When topical skin products such as lip balm, hand lotion, sunscreen, diaper ointment and lotion, and insect repellent are administered by the center, the following requirements shall be met:
1. Written parent authorization noting any known adverse reactions shall be obtained at least annually;
2. The product shall be in the original container and, if provided by the parent, labeled with the child's name;
3. Manufacturer's instructions for application shall be followed; and
4. A record shall be kept that includes the child’s name, the name of the product, date and time of use, any adverse reactions, and any application errors and action taken.
RESPONSE:
A. 4. We suggest removing all of this (4 only) for over the counter products for school age children. We support written documentation of any application errors and action taken.
8VAC20-781-620. Nutrition and food services
J. Tables and high chair trays shall be cleaned and sanitized before and after each use for feeding,
RESPONSE:
We suggest tables to be cleaned and sanitized prior to use and only cleaned after use.
Additionally:
We understand that both stock epi and lead water testing are the law in Virginia. However, no further regulatory guidance or mechanism for compliance is provided by the Draft Standards for these two significant subject areas. This predicament would leave Centers to interpret legislation and then create from whole-cloth policies and procedures we are ill-equipped to handle alone (i.e., how do we acquire an epi pen without a prescription? How much do they cost? What is the burden on centers? the requirement actually conflict