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 ‑ 181]    (Under Development)
Repeal existing regulation and adopt new Standards for Voluntary Registration of Family Day Homes
Action 5424
[Withdrawn 8/20/2021]
General Information
Action Summary Voluntary Registration is a form of regulation available to family day homes that are not required to be licensed. These homes have four or fewer children in care at any one time, not including the provider’s own child and any children who reside in the home. The program is administered by community-based agencies that have a contract with the Virginia Department of Social Services to perform this function in a specific area of the state. This regulation sets forth the application requirements; health and background check requirements for providers, caregivers and adult household members; certification procedures for issuance, renewal, denial and revocation of a certificate; and basic provider record and reporting requirements. In addition, the regulation establishes a health and safety checklist comprised of only the most basic health and safety criteria to be used by the provider and the agency certifying compliance with the requirements. The intent of this action is to repeal the existing outdated regulation; replacing it with a new regulation that will provide applicants and existing providers with current health and safety practices; remove outdated health requirements related to tuberculosis testing; and clarify background check requirements for applicants, caregivers, and household members. The new regulation will also include basic training requirements for caregivers to include CPR and First Aid certification and approved medication administration training for providers who administer prescription medications to enrolled children; introduce minimum training requirements to be met during the certification period; and expand the emergency preparedness procedures beyond just basic evacuation drills. Repeal of the existing regulation and adoption of a new regulation will allow greater flexibility to adjust the structure, format and language of the current regulation while incorporating updates to address updated health and safety guidelines and practices; thereby creating requirements conducive to the greater protection of the health, safety and welfare of children in care.
Chapters Affected
  VAC Chapter Name Action Type
Primary 22 VAC 40-181 Voluntary Registration of Family Day Homes - Requirements for Providers Promulgate New Regulation
Other chapters
  22 VAC 40 - 180 Voluntary Registration of Family Day Homes...Requirements for Providers Repeal Entire Regulation
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [6698]
New Periodic Review This action will be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
8815 NOIRA Stage withdrawn on 08/20/2021 after the comment period had ended.
Contact Information
Name / Title: Cynthia Carneal Heflin  / Program Consultant
Address: 801 E. Main Street
Richmond, VA 23219
Email Address:
Phone: (804)726-7140    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.