Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Voluntary Registration of Family Day Homes...Requirements for Providers [22 VAC 40 ‑ 180]
Action is Exempt from Article 2 of the Administrative Process Act
Amend Licensure Threshold-Voluntary Registration
General Information
Action Summary These regulatory changes will bring the Voluntary Registration of Family Day Homes – Requirements for Providers into conformity with amendments made to §§ 63.2-100 and 63.2-1704 of the Code of Virginia. These changes become effective July 1, 2016, as a result of House Bill 1570 and Senate Bill 1168. The capacity of a voluntarily registered family day home is reduced from five children to four, exclusive of the provider’s own children and any children who reside in the home. Definitions and capacity references are amended throughout the regulation. Other changes to the regulation include deleting outdated references to Title 63.1 of the Code of Virginia and licensing references which have expired. The application form has been deleted from the regulation since the Department maintains all forms on the website to ensure the most current versions are available to the public.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4006 A 4 a
RIS Project Yes  [004656]
Associated Mandates Child day centers and family day homes; regulations, national background check required, report.
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7585 Final Stage complete. This regulation became effective on 10/19/2016.
Contact Information
Name / Title: Cynthia Carneal Heflin 
Address: Division of Licensing Programs
801 East Main Street, 9th Floor
Richmond, VA 23219
Email Address:
Phone: (804)726-7140    FAX: (804)726-7132    TDD: (800)828-1120