ARLINGTON COUNTY CODE Chapter 52 CHILD CARE CENTERS § …arlingtonva.s3.amazonaws.com/.../2016/...1-19-16.pdf · Page 4 of 34Friday, January 29, 2016Chapter 52 DRAFT 1 19 16.docx

Page 1 of 34Friday, January 29, 2016Chapter 52 DRAFT 1 19 16.docx

ARLINGTON COUNTY CODE

Chapter 52

CHILD CARE CENTERS

§ 52-1. Definition of Terms.

§ 52-2. Authority to Regulate.

§ 52-3. Regulated Service.

§ 52-4. Adoption of Virginia Standards for Licensed Child Day Centers.

§ 52-5. License Required; Posting of License.

§ 52-6. Application for License.

§ 52-7. Procedures for Initial License.

§ 52-8. Issuance of License.

§ 52-9. License Renewal.

§ 52-10. Denial of Application.

§ 52-11. Suspension of License.

§ 52-12. Revocation of License.

§ 52-13. Non-Renewal of License

§ 52-14. Inspections.

§ 52-15. Mandatory Correction Period.

§ 52-16. Follow up Inspections.

§ 52-17. Enforcement Procedures.

§ 52-18. Appeal Process.

§ 52-19. Records and Reports.

§ 52-20. Reporting Unusual Incidents.

§ 52-21. Notice Requirements for Changes in Operation.

§ 52-22. Staff Qualifications.

§ 52-23. Building Structure and Facilities.

§ 52-24. Health and Safety.

§ 52-25. Fire Safety.

§ 52-26. Indoor Facilities.

§ 52-27. Sanitation and Hygiene.

§ 52-28. Outdoor Facilities.

§ 52-29. Emergency Preparedness.

§ 52-30. Staffing and Supervision.

§ 52-31. Program for Children.

§ 52-32. Staff Health Requirements.

§ 52-33. Child Health Requirements.

§ 52-34. Nutrition and Food Service.

§ 52-35. Cooperative Play Programs.

§ 52-36. Parents Day Out Programs.

§ 52-37. Conflict of Chapter.

§ 52-38. Severability.

§ 52-39. Penalties.

§ 52-40. Deferred Compliance.

§ 52-1. Definition of Terms.

The following words and terms when used in these regulations have the following meaning unless

the context clearly indicates otherwise:

“Adverse action” means an action by the County to deny, suspend, or revoke, the license of a

provider or to non-renew the license of a provider who has applied for renewal.


“Assistant Director” means the person responsible for assisting the Director in implementing

child development principles within the child care center and providing daily care to children.

“Attendance” means the act of recording the number of children present in a child care facility.

“Child Care Center” means an entity providing care, education, protection, supervision or guid-

ance for ten or more children under the age six in a commercial facility. This definition includes but is not

limited to full and part-time child care, preschool, parents-day-out, and cooperative playgroup programs.

“Child” means any person less than 18 years old.

“Child abuse” means causing or inflicting child sexual abuse, physical injury through unjustified

force, emotional abuse, torture, exploitation, maltreatment or mistreatment as defined in 63.2-1501 of the

Code of Virginia.

“Child to adult ratio” means the maximum number of children permitted per caregiver.

“Children with special needs” means persons who are less than 18 years of age who experience

emotional, social, physical or intellectual limitations.

“Communicable disease” means an infectious disease transmissible by direct contact with an in-

fected individual or the infected individual’s bodily discharges or by indirect means.

“Complaint investigation” means an investigative process undertaken by the licensing agency

when a parent or any member of the public reports violations of licensing requirements in a child care

facility.

“Cooperative play program” means any facility providing care, maintenance, and training activ-

ities for more than four but not more than 15 children, who are under six years of age for three hours per

day, where supervision is provided by parents on a cooperative basis.

“Corrective action plan” means a written document listing non-compliance that must be cor-

rected, how it must be corrected, and the date by which it must be corrected.

“Director” means the person responsible for the daily operation of a Child Care Center. A Direc-

tor is also responsible for implementing appropriate child development principles along with knowledge

of family relationships. A Director also provides daily care to the children cared for in the facility.

“Department” means the Department of Human Services.

“Group size” means the number of children assigned to a caregiver or team of caregivers occu-

pying an individual classroom.

“Infant” (for the purposes of this regulation) means a child between the time of birth and the age

of 16 months or ambulation.

“Licensee” means the holder of a license issued by the County Manager in accordance with the

provisions of this part.

“Mixed age groups” means children of varying ages assembled together in one group.

“Parents day out program” means any commercial facility operating for the purpose of providing

care, maintenance or training for more than four children who are younger than school age during any part

of the day where children from infancy through age five are in attendance not more than six and one-half

(6.5) hours per day.


“Preschool” means a school offering early childhood education to children between the ages of

three and five, prior to the commencement of elementary school or kindergarten.

“Probationary license” means a day care facility license whose status has been reduced for a

specified period of time for a licensing violation and which will be reinstated to regular status upon suc-

cessful completion of and compliance with remedial measures identified by the Department to address

specific deficiencies.

“Provisional license” means a license issued for a maximum period of six months when the li-

censee is temporarily unable to comply with County regulations and when there is no serious risk to the

health, safety and well-being of children and the licensee has agreed to fulfill and operate under conditions

as stated in a corrective action plan or an Agreement of Understanding. An extension beyond this time

period requires the approval of the Child Care Services Supervisor. A licensee may not operate on a pro-

visional license for more than 12 consecutive months.

“School age” means a person who is at least five years of age and who is younger than 13 years

of age or a person with special needs, as defined by the Department.

“Supervision” means the provider and all caregivers must be physically present to be able to see

and hear the children at all times. In addition to sight and sound, caregivers provide supervision through

active involvement with the children and direct observation.

“Teacher” means an individual who is knowledgeable in the developmental needs of infants,

toddlers and preschool children, and responds appropriately to the needs of children of these ages while in

attendance at a child care setting.

“Teacher’s aide” means an individual who assists the teacher in providing developmentally ap-

propriate care for infants, toddlers and preschool aged children while in attendance at a child care center.

“Toddler” means a child who is generally aged 16 months to 36 months of age.

“Volunteer” means a person who does work without getting paid to do so but who when in service

is subject to discipline and regulations like any other employee.

§ 52-2. Authority to Regulate.

A. It is hereby declared to be the policy of the County of Arlington in the exercise of its

police power for the protection of the public safety, public health and general welfare to provide for the

licensing and regulations of Child Care Centers in order to adequately protect the children of Arlington

County. To do so the County adopts the following regulations to safeguard the children and families in the

County of Arlington pursuant to its authority under Section 15.2-741 of the Code of Virginia.

§ 52-3. Regulated Service.

A. All Child Care Centers in Arlington County, except for those exempt under § 52-3.B,

are subject to the regulations of this chapter.

B. The following Child Care Centers are exempt for licensure by the County of Arlington:

1. A program where, by written policy given to and signed by a parent or guardian, school-

aged children are free to enter and leave the premises without permission or supervision.


2. A program of instructional experience with a single focus such as, but not limited

to, computer science, archaeology, sport clinics or music, if children under the age of six do not attend

at all and if no child is allowed to attend for more than 25 days in any three-month period commenc-

ing with enrollment. This exemption does not apply if children merely change their enrollment to a

different focus at a site offering a variety of activities and such children's attendance exceeds 25 days

in a three-month period.

3. Programs of instructional or recreational activities wherein no child under age six attends

for more than six hours weekly with no activity period to exceed one and one-half hours and no child six

years of age or above attends more than six hours weekly when school is in session or 12 hours weekly

when school is not in session. Competition, performance and exhibitions related to the instructional or

recreational activity shall be excluded when determining the hours of program operation.

4. Instructional programs offered by public or private schools that satisfy compulsory at-

tendance laws and the Individual with Disabilities Education Act, as amended, and programs of school-

sponsored extracurricular activities that are focused on single interests such as, but not limited to, music,

sports, drama, civil service or foreign language.

5. Early Intervention programs for children eligible under Part C of the Individuals with

Disabilities Education Act, as amended, who no child attends for more than a total of six hours per week.

6. Practice or competition in organized competitive sports leagues.

7. Programs of religious instruction, such as Sunday Schools, vacation Bible schools, and

Bar Mitzvah classes, and child minding services provided to parents or guardians who are on site to attend

religious workshop or instructional services.

8. Child minding services that are not available for more than three hours per day for any

individual child offered on site in community or recreational establishments if the parent or guardian i) is

not an on-duty employee, except for part-time employees working less than two hours per day, (ii) can be

contacted and resume responsibility for the child’s supervision within 30 minutes, and (iii) is receiving or

providing services or participating in activities offered by the establishment.

9. A program of recreational activities offered by local governments, staffed by local gov-

ernment employees, and attended by school age children. Such programs shall be subject to safety and

supervisory standards.

10. A program of instructional or athletic experiences operated during the summer months

by and as an extension of an accredited private elementary, middle or high school program and adminis-

tered by the Virginia Council for Private Education.

11. A facility licensed by the Commonwealth of Virginia as a summer camp.

12. A school operated by Arlington Public Schools or a private school that provides regular

instruction through at least the sixth grade unless the County Manager determines that such private school

is operating a child care center outside the scope of the regular classes.

13. A program established in connection with a religious institution, a business, or recreation

center in which children are provided care for brief periods of time while parents are on the premises, are

readily accessible at all times, and are able to resume care of the child immediately.

14. A facility operated by a hospital on the hospital’s premises that provides care solely to

the children of the hospital’s employees while the employees are performing work at the hospital.

15. A facility operated by a religious institution exempt from licensure under Section 63.2-

1716 of the Code of Virginia.


§ 52-4. Adoption of Virginia Standards for Licensed Child Day Centers.

A. The County of Arlington adopts as its own regulation the Virginia Standards for Licensed

Child Day Centers from Part II, Administration, 22 VAC 185-40 through VAC 40-185-610.

1. The County of Arlington does not adopt Part I, Introduction of the Virginia Standards.

2. To the extent that rules in this chapter conflict with the Commonwealth of Virginia reg-

ulations, the more stringent of the two rules will apply.

B. The County of Arlington has the right to inspect, monitor and enforce these regula-

tions.

C. Child Care Centers subject to licensure by the Commonwealth of Virginia must obtain

and maintain in good standing a license issued by the Commonwealth of Virginia to be eligible for licen-

sure by the County of Arlington.

D. Child Care Centers not subject to licensure by the Commonwealth of Virginia and sub-

ject to licensure by the County of Arlington must meet and maintain compliance with Standards adopted

by the County of Arlington, including those standards adopted from the Commonwealth of Virginia

standards, to be eligible for licensure by the County of Arlington.

E. To safeguard the children of the County of Arlington, Child Care Centers operating in

the County are subject to the regulations that follow.

§ 52-5. License Required; Posting of License.

A. It is unlawful to operate a child care center as defined herein without a valid, non-sus-

pended license issued pursuant to this chapter and a valid certificate of occupancy issued by the building

official pursuant to the Virginia Uniform Statewide Building Code. Such license must be posted in a con-

spicuous location within the licensed premises.

§ 52-6. Application for License.

A. Any person or entity who intends to operate or maintain a Child Care Center must sub-

mit an application to the Department for a license in the name of the person or entity operating the center.

Applications may be obtained from the Department of Human Services, 2100 Washington Blvd, 3rd

Floor, Arlington, Virginia 22204.

B. The application must identify the owner, Program Director and/or functioning governing

body with responsibility for and authority over the operation of the center. The owner or governing body

must designate a person to function as the Program Director.

1. The Program Director must have training and experience as specified in 52-22.

2. The Program Director is responsible for the day-to-day operations of the facility.

C. In addition to the application document, the applicant must submit the following:

1. A business plan;


2. An approved inspection report from the Arlington County Fire Department indicating

that all fire safety rules have been met;

3. An approved inspection report from public health authorities, as applicable, certifying

that the respective health rules have been met;

4. An approved Certificate of Occupancy issued by Arlington County Building Department

indicating that all planning, environmental, health, zoning, building, fire, and occupancy

requirements have been met;

5. A facility floor plan;

6. A play plan that addresses outdoor play time;

7. A sample activity plan and weekly menu;

8. Results of criminal history reports and child abuse registry checks for each staff mem-

ber and all employees;

9. Documentation of attendance at an Arlington County Child Care pre-licensing work-

shop;

10. Documentation from the Virginia State Corporation Commission (if applicable) and

Arlington County Commissioner of Revenue showing that the applicant is authorized

to conduct business in the Commonwealth of Virginia and in Arlington County

§ 52-7. Procedures for Initial License.

A. Upon receipt of the application, the Department will begin an inquiry into the activi-

ties, services and facilities of the applicant; of the applicant’s financial responsibility and of his or her

character and reputation or, if the applicant is an association, partnership or corporation, the character

and reputation of its officers and agents as they relate to the applicant's ability to maintain the facility and

work with children.

B. The applicant must afford the representative of the Department to make a pre-licensing

inspection of the facilities for purposes of determining whether the applicant can proceed through the li-

censing process.

§ 52-8. Issuance of the Initial License.

A. Upon completion of the investigation and pre-licensing inspection, the Department may

grant a license required by this chapter to any applicant thereof upon production of evidence satisfactory

that the applicant, the facilities, services and activities are in compliance with the Arlington County Code,

the Virginia Uniform Statewide Building Code, the Code of Virginia and the provisions of this chapter.

B. A provisional license will be issued for a period of six (6) months to allow time for all

requirements to be met, including staffing, training and children’s records. During the provisional period,

a 90-day monitoring visit may be conducted to determine progress toward full compliance.

C. If at the end of the six (6) month provisional period, the provider is in full compliance

with the regulations contained within this chapter, a regular one year license will be issued.

D. If at the end of the six (6) month provisional period, the provider is not in full compliance

with the provisions of this chapter, the license will be denied and the provider will be notified in writing


to discontinue operations. This notice shall contain information regarding the appeals process available to

the provider.

E. No license issued pursuant to this chapter is transferable.

§ 52-9. License Renewal.

A. Licenses must be renewed annually and at least 30 days prior to expiration.

C. Licensees desiring renewal must notify the Department 60 days prior to the expiration

of the license. The facilities and records of each applicant for a renewal of a license may be inspected or

examined by the Department to determine whether the applicant is in compliance with the standards of this

chapter.

D. Each facility required to be licensed by this chapter is subject to inspection by the De-

partment at least twice a year and as often as deemed necessary for the purpose of determining compliance

with the provisions of this chapter.

§ 52-10. Denial of Application.

A. The Department will deny a license to any applicant upon a finding that the activities,

services and facilities of the applicant are in violation of any provision of this chapter, the Arlington

County Code, the Code of Virginia or the standards and policies prescribed hereunder.

B. Upon the denial of the application for a license, the Department shall notify the

applicant that the application is denied, stating:

1. The reason for the denial;

2. That the applicant has the right to appeal the denial in accordance with the appeals

process set out in § 52-18.

§ 52-11. Suspension of License.

A. Whenever the Department finds by complaint, investigation or otherwise that any con-dition exists that endangers the life, health or safety of the children, within a Center required to be licensed by this chapter, it shall temporarily suspend the license to operate the Center.

B. The Center has the right to appeal the suspension in accordance with the appeals pro-

cess set out in § 52-18.

§ 52-12. Revocation of license.

A. The Department shall revoke the license of any establishment if the corrective action

specified under section §52-15 of this Chapter is not taken. Procedure for revocation of a license shall be the same as described in section §52-10 of this chapter. Nothing in this section shall be construed to deny the right of any facility so affected to reapply for a license in accordance with the procedures established by this chapter. If a license is revoked the Center must wait one year to reapply for a license.

B. The Center has the right to appeal the revocation in accordance with the appeals process

set out in § 52-18.


§ 52-13. Failure to Renew License.

A. Whenever a licensed Center fails to comply with the requirements of this Chapter, the

Department may refuse to renew the Center’s license.

B. The Center has the right to appeal the non-renewal in accordance with the appeals

process set out in § 52-18.

§ 52-14. Inspections.

A. Facilities will be inspected for initial licensing and renewal purposes as well as when

complaints are made against the facility. It is the duty of every licensee to give the right of entrance to and

inspection of the premises to representatives of the Department, to keep and maintain such records as the

Department may prescribe, to permit inspection of these records, and to report to the Department such facts

as may be required.

B. Each facility inspection will be conducted in an unannounced manner.

C. Following the completion of the inspection, the provider will be notified of the findings

in writing.

§ 52-15. Mandatory Correction Period.

A. For violations of the following nature, the following correction periods are mandatory,

and compliance shall be subject to verification by follow-up inspections.

Compliance Area Correction Period

Sanitation and Hygiene 48-hours

Fire Safety Immediate and in compliance with Arlington

County Building and Fire Dept.

Emergency Provisions 48-hours

Building Structure and Facility Requirements Dependent upon severity of the infraction and

in compliance with Arlington County Building

and Fire Dept.

Outdoor Facilities 2-5 days; varies on the severity of the infraction

Health Procedures Immediate

Children’s File Requirements 30 days

Staff Requirements 30 Days with approval from Department

B. Violations in other areas shall be subject to a correction period to be determined at the

discretion of the Department. Compliance may be subject to verification by follow-up inspections.

§ 52-16. Follow up Inspections.

A. The Department may conduct a follow-up inspection any time a Center is cited for any

violation.


B. Follow-up inspections shall be conducted on an unannounced basis. If the follow-up

inspections reveals that the Center has failed to correct violations within the prescribed compliance pe-

riod, the Department may issue another violation, suspend or revoke the Center’s license.

§ 52-17. Enforcement Procedures.

A. If an inspection reveals a violation of any of the standards or requirements of this Chap-

ter, the inspector will give the Center an Early Childhood Program Visit Report. The Report will indicate

the code/requirement that has been broken along with a statement of evidence indicating how the code/re-

quirement was violated.

B. Upon receipt of the Early Childhood Program Visit Report, the provider must enter into

a Corrective Action Plan with the Department. The Corrective Action Plan must include:

1. How the corrective action will be accomplished;

2. Dates for when the corrective action must be completed;

3. What measures will be put into place to ensure that the deficient practice will not recur;

4. Plans for monitoring the corrective action to ensure the solutions are maintained.

C. Violations must be posted next to the facility license as required in § 52-5 until such time

the department has determined that the deficiencies have been abated.

D. The Department shall immediately suspend or revoke a Center’s license upon finding

that:

1. Any staff member of the Center has been charged with or found guilty of a barrier

crime as defined in §§ 63.2-1717 D. 7., 63.2-1719, 63.2-1720, 63.2-1721, 63.2-1724,

63.2-1725 of the Code of Virginia;

2. Any staff member of the Center has been convicted for any other felony not included in

the definition of a barrier crime, unless five years have elapsed since the conviction; or

3. Any staff member of the Center is the subject of a founded complaint of child abuse or

neglect within or outside the Commonwealth.

E. The Department may, at its discretion, reinstate a Center’s license that has been sus-

pended or revoked pursuant to § 52-17.D if the Center can demonstrate all of the following:

1. The Center has terminated all staff members who:

a. Have been found guilty of a barrier crime as defined in § 52-17.D.1, above; or

b. Have been convicted of any other felony not included in the definition of a

barrier crime within the last five years; or

c. Is the subject of a founded complaint of child abuse or neglect within or out-

side the Commonwealth.

2. The Center has suspended all staff members who have been charged with a barrier crime

as defined in § 52-17.D.1, above, and prohibited such staff members from entering the Center’s

facilities or having any contact with children in the Center’s care. The Center shall not lift such

suspension, or allow the staff member from entering the Center facilities or have any contact with


children in the Center’s care, unless the said charges have been dropped, or the staff member has

been found “not guilty” at trial.

§ 52-18. Appeal Process.

A. Any Center which has been subject to the following adverse actions may appeal the ad-

verse action by submitting a written request for appeal to the Department, pursuant to the process

laid out in § 52-13.B:

1. Child care license denial;

2. Child care license suspension;

3. Child care license revocation;

4. Non-renewal of child care license

B. Appeal Process Steps

1. Meeting with Arlington County Child Care Licensing Supervisor

a. The Center may appeal an adverse action by submitting a written request for

appeal to the Child Care Licensing Supervisor within ten (10) working days of

receipt of written notice of the adverse action.

b. Within ten (10) working days after receipt of the written request of appeal, the

Supervisor shall meet with the appellant. The Supervisor shall give the appel-

lant a written response, either upholding or overturning the adverse action,

within five (5) working days of said meeting.

2. Appeal to the Human Services Director

a. The Center may appeal the decision of the Child Care Licensing Supervisor by

submitting a written request of appeal to the Department of Human Services

Director within five (5) working days after the written response from the Ar-

lington County Child Care Licensing Supervisor.

b. Within ten (10) calendar days after receipt of the written appeal, the Human

Services Director must meet with the appellant at a mutually agreeable time.

Meeting attendees may include:

i. Representatives of Arlington County government.

ii. Witnesses for both parties. Witnesses will be present only while

providing testimony.

iii. Legal counsel. If the child care provider making the appeal is repre-

sented by legal counsel, the Department Director may also be repre-

sented by legal counsel.

3. Response by the Human Services Director

a. Within five (5) working days after the meeting the Department Director will

provide the appellant with a written decision. The decision shall either uphold

or overturn the adverse action.


b. The decision of the Human Services Director is final and subject to no further

appeal.

C. Miscellaneous

1. The parties may extend any of the time periods by mutual agreement.

2. Whenever a time period ends on a Saturday, Sunday, County holiday or other day on

which County offices are closed, the due date will be extended to the next day County

offices are open.

3. Whenever a party uses the mail to deliver a document, three (3) calendar days will be

added to the prescribed time period.

4. Any step in the appeal process may be waived if mutually agreed upon by the appellant

and the County.

§ 52-19. Records and Reports.

A. General record keeping

1. A licensee must provide each prospective parent of child/children to be enrolled infor-

mation regarding the education and training of the director and teacher(s).

2. A licensee must ensure that employee records include appointment, promotion or with-

drawal notification.

3. A licensee must maintain any records required to be kept by State or local law.

B. Children’s records

1. The licensee must ensure that each child’s record includes name and contact information

for the hospital preferred by the parents in case of emergency to be updated annually.

2. The licensee must ensure that each child’s record includes documentation of a tubercu-

losis risk assessment and annual health assessment; if as a result of the assessment, testing was recom-

mended and performed, the child record must include the results of that testing. The document must be

signed, stamped and dated by the physician; programs must document on Commonwealth of Virginia

School Entrance Health Forms.

C. Staff records

1. A licensee must have a personnel file for each staff member and volunteer that in-

cludes:

a. Results of tuberculosis screening and any associated testing; must be obtained

prior to first day of work and completed annually thereafter.

b. Documentation showing that the employee has no physical or emotional health

limitations that would pose a risk to the health, safety and welfare of the chil-

dren in care; must be obtained prior to first day of work and completed annually

thereafter.

c. Copy of current job description.


d. Documentation of orientation training.

e. Documentation that the staff person meets qualifications.

f. Documentation of annual professional development hours.

g. A signed copy of the annual evaluation including professional development

plan.

h. If transporting children, a copy of a valid driver’s license.

§ 52-20. Reporting Unusual Incidents.

Each Center shall immediately report to the Department and to any parent(s) and/or guardian(s)

of each affected child any unusual incidents that may adversely affect the health, safety or wellbeing of

any children or children in the center. Unusual incidents include but are not limited to the following:

1. Death of a person occurring within the facility;

2. Injury or illness of any child that occurs during the hours the child is enrolled in care and that

requires hospitalization or emergency medical treatment;

3. Damage to the center or to any center’s vehicles or equipment that interferes with the center’s

capacity to protect the health, safety and well-being of the children and adults in the center;

4. The presence of any individual in the center who has or is suspected of having a communi-

cable disease that must be reported to the Health Department;

5. Any other occurrence at the center that involves a response by police, fire, ambulance or

emergency service.

§ 52-21. Notice Requirements for Changes in Operation.

Each Licensee shall inform the Department, in writing, of any of the following changes in oper-

ation no less than ten days before implementation of the change(s):

1. Change of ownership, including a change in ownership of the parent company;

2. Change in location, name and/or telephone number of the center;

3. Change in Center Director;

4. Renovations or alterations of the premise that substantially changes the indoor or outdoor

space of the center.

§ 52-22. Staff Qualifications.

A. General qualifications

1. A licensee must ensure that each staff member has an understanding of and respect for

children and their needs and for a child’s family and culture. For staff assigned direct child care responsi-

bilities, this includes meeting children’s physical needs such as feeding and diapering, supervising chil-

dren’s activities, supporting children’s physical, intellectual, social and emotional growth, dealing with

emergencies in a calm manner, and carrying out methods of positive behavior management.

2. A licensee must ensure that each staff member receives orientation before being al-

lowed to care for children without supervision from another staff member.

B. Background checks


For all employees of the licensed facility, including independent contract employees or contract

employees hired who will be involved in the day-to-day operations of the facility or who will be alone

with, in control of, or supervising one or more children, the facility must:

1. Obtain a satisfactory State Police Background Check prior to hire;

2. Have each such employee complete a Sworn Statement or affirmation in accordance with

§ 63.2-1721.1 of the Code of Virginia disclosing whether he has ever been convicted of or is the subject

of any pending criminal charges for any offense within or outside the Commonwealth of Virginia and

whether he has been the subject of a founded complaint of child abuse or neglect within or outside the

Commonwealth of Virginia prior to the first day of employment or services;

3. Submit a request for Central Registry and Criminal History Check prior to the first day

of employment; a satisfactory report must be received within 30-days of employment.

4. Maintain a satisfactory Criminal History, Central Registry and State Police Background

Check for all employees, volunteers or contractors; maintain satisfactory Background Checks dated less

than six months before independent contract employees or contract employees hired by contract agencies

may begin providing services at facilities;

5. Maintain the information in employee files at the licensed facility(ies);

6. Indicate in writing that criminal record reports that are photocopies of originals that have

been verified by facility staff;

7. All required background checks must be updated every three years;

8. Employees who have been charged with a crime or are involved in a child abuse inves-

tigation may not provide care or be present in the facility pending the outcome of trial or investigation.

C. Pre-service qualifications

1. Program Director: each Child Care Center must have a program director who has the

necessary qualifications and experience to operate a Child Care Center. Program directors must be at least

21 years of age and meet one of the following:

a. Master’s degree in child development or early childhood education from an accred-

ited college and at least six months of experience working with children preschool

age or younger in a group setting as a teacher or program director; or

b. Master’s degree in a related field such as, but not limited to, elementary education,

special education, nursing, social work, family and consumer science, or recreation,

from an accredited college with at least 12 semester credits of advanced study in child

development or early childhood education and at least 12 months of experience work-

ing with children preschool age or younger in a group setting as a teacher or program

director; or

c. Master’s degree and a Montessori Infant and Toddler Full Credential, Montessori

Early Childhood Full Credential from the American Montessori Society, National

Center for Montessori Education or the Association Montessori International and six

(6) months of experience working with children preschool age or younger in a group

setting as a teacher of program director; or


d. Bachelor’s degree in child development or early childhood education from an accred-

ited college and at least 12 months experience working with children preschool age

or younger in a group setting as a teacher or a program director; or

e. Bachelor’s degree in a related field such as, but not limited to, elementary education,

special education, nursing, social work, family and consumer science, child psychol-

ogy or recreation, from an accredited college with at least 12 semester credits of ad-

vanced study in child development or early childhood education and at least 24

months of experience working with children preschool age or younger in a group

setting as a teacher or program director; or

f. Bachelor’s degree and Montessori Infant and Toddler Full Credential, Montessori

Early Childhood Full Credential from the American Montessori Society National

Center for Montessori Education or Association Montessori International and 12

months of experience working with children preschool age or younger in a group

setting as a teacher or program director; or

g. Associate Degree in child development or early childhood education from an accred-

ited college and at least four years of experience working with children preschool age

or younger in a group setting as a teacher or program director; or

h. Associate Degree in a related field such as, but not limited to, elementary education,

special education, nursing, social work, family and consumer science, or recreation,


development or early childhood education and at least five years of experience work-

ing with children preschool age or younger in a group setting as a teacher or program

director; or

i. Associate Degree and a Montessori Infant and Toddler Associate Credential, Mon-

tessori Early Childhood Associate Credential from the American Montessori Society

National Center for Montessori Education Association Montessori International and

four years of experience working with children preschool age or younger in a group

setting as a teacher of program director; or

j. Program directors operating licensed centers as of the effective date of this chapter

who do not meet the above educational requirements have three years from the effec-

tive date of this chapter to meet the qualifications.

k. Semester credits will be accepted if the course content is primarily focused on chil-

dren birth to eight years.

D. The Program Director is responsible for the overall operation of the center. Responsi-

bilities include the following:

1. Program planning and staff evaluation.

2. Ensuring that required child-staff ratios are maintained and a child development program

is provided.

3. Direction and supervision of staff including annual evaluations.

a. Ensuring that all staff receive orientation before commencing work with children.

b. Establish a professional development program for facility staff.


c. Designation of an Assistant Director to assume administrative responsibilities in the

program director’s absence.

4. Maintenance of up-to-date records as required by this chapter.

5. Securing proper maintenance of the center to ensure fulfilling all aspects of Common-

wealth of Virginia and Arlington County codes and regulations.

6. Financial management of the center.

7. Creating opportunities for parent engagement.

8. Knowledge of the community services available to meet the needs of children and their

families including but not limited to early intervention and family support services.

9. Orientation of volunteers.

E. Teacher and Assistant Director. Referred to in the Virginia Standards as Program Leader.

1. Teachers and Assistant Directors must be at least 21 years of age and must meet one of

the following:

a. Bachelor’s Degree in child development or early childhood education from an ac-

credited college and at least 3 months experience working with children preschool

age or younger in a group setting as a teacher or assistant teacher; or

b Bachelor’s Degree in a related field such as, but not limited to, elementary education,

special education, nursing, social work, family and consumer science, child psychol-

ogy or recreation, from an accredited college with at least 9 semester credits of ad-

vanced study in child development or early childhood education and at least 6 months

of experience working with children preschool age or younger in a group setting as a

teacher or assistant teacher; or

c. Bachelor’s Degree and Montessori Infant and Toddler Full Credential, Montessori

Early Childhood Full Credential from the American Montessori Society or the Na-

tional Center for Montessori Education and three months of experience working with

children preschool age or younger in a group setting as a teacher or assistant teacher;

or

d. Associate Degree in child development or early childhood education from an accred-

ited college and at least one year of experience working with children preschool age

or younger in a group setting as a teacher or assistant teacher; or

e. Associate Degree in a related field such as, but not limited to, elementary education,

nursing, social work, family and consumer science, child psychology or recreation,


development or early childhood education and at least 18 months of experience work-

ing with children preschool age or younger in a group setting as a teacher or assistant

teacher; or

f. Associate Degree and a Montessori Infant and Toddler Associate Credential, Mon-

tessori Early Childhood Associate Credential from the American Montessori Society

or the National Center for Montessori Education and one year of experience working

with children preschool age or younger in a group setting as a teacher or assistant

teacher; or


g. Child Development Associate credential and two years relevant experience for

Teachers; and

h. Teachers working in centers as of the effective date of this chapter who do not meet

the above educational requirements shall have three years from the effective date of

this chapter to meet the qualifications.

i. Semester credits will be accepted if the course content is primarily early childhood

focused on children birth to eight years.

1. Teachers are responsible for the following:

a. Direct care, supervision and education of a group of children.

b Planning and/or monitoring and implementation of the curriculum and daily activities

for the children.

c. Supervision of assistant teachers and volunteers assigned to the teacher’s group of

teacher.

d. Maintaining a safe, orderly and clean environment for the children that supports the

implementation of the center’s curriculum.

e. Participating in annual professional development.

F. Assistant Teachers.

1. Assistant teachers must be at least 18 years of age and meet one of the following:

a. Possess a high school diploma or its equivalent and current Child Development Asso-

ciate Credential issued by the Council for Professional Recognition; or

b. Possess a high school diploma with a certificate in early childhood or child development

from a vocational high school and six months of experience working with children pre-

school age or younger in a group setting; or

c. Possess a high school diploma or its equivalent and a Montessori Infant and Toddler

Associate Credential, Montessori Early Childhood Associate Credential from the

American Montessori Society or the National Center for Montessori Education and six

months of experience working with children preschool age or younger in a group set-

ting; or

d. Possess a high school diploma or its equivalent and nine semester credits of study in

child development or early childhood education from an accredited college with least

six months of experience working with children preschool age or younger in a group

setting; or

e. Possess a high school diploma or its equivalent and 16 clock hours of early childhood

professional development with two years of experience working with children pre-

school age or younger in a group setting; or

f. Semester credits will be accepted if the course content is primarily focused on children

birth to eight years.

2. Assistant teachers are responsible for the following:


a. Direct care, supervision and education of a group of children.

b. Implementation of the curriculum and daily activities for the children.

c. Maintaining a safe, orderly and clean environment for the children that supports the


d. Participating in annual professional development.

G. Teacher’s Aide.

1. Teacher’s aides must be at least 18 years of age and meet the following:

a. Possess a high school diploma; and

b. Attain nine hours of early childhood training within nine months of hire.

2. Teacher’s aides are responsible for the following:

a. Direct care and supervision of children.

b. Assisting the teacher and/or assistant teacher in implementation of the curriculum

and daily activities for the children.

c. Maintaining a safe, orderly and clean environment for the children that supports the


d. Participating in annual professional development.

H. Food and maintenance employees.

1. The licensee must provide sufficient personnel to maintain required Arlington County

standards of cleanliness, safety, comfort and nutrition without depriving the children of proper supervision.

2. Staff who store, prepare, package, or serve food directly shall meet qualifications as de-

scribed in the Arlington County Code Chapter 9.2 Food and Food Handling (hereafter Ch. 9.2).

3. Food served ‘Family Style’ shall be done in accordance with Ch. 9.2.

I. The licensee must ensure that volunteers meet the same medical and background check

requirements as staff.

J. Professional Development and Staff Evaluation

1. Orientation—the licensee must ensure that all staff and volunteers receive orientation

training by the end of the first day of assuming job responsibilities including:

a. Center policies and procedures on positive behavior management, child accident and

injuries, safety and sanitation, and release of children from the center.

b. Applicable licensing regulations and the location of a copy of the complete regula-

tions.

2. Annual professional development training—the licensee must document that all staff

participate in annual training.


a. Program directors must participate in 16 clock hours of training annually in the fol-

lowing domains:

1. Business administration;

2. Basic management;

3. Financial management;

4. Human resources;

5. Quality Rating Systems; and

6. Child development

b. Teachers, assistant teachers and teacher’s aides must participate in 16 clock hours of

training annually. Training must include reporting and identifying child abuse and

neglect. First aid and CPR training may count towards up to six hours of the required

16 clock hours.

c. Acceptable training topics include child health and safety, child development, posi-

tive behavior management, nutrition for children, topics related to the center’s cur-

riculum or assessment, working with families, and other topics directly aligned with

Virginia’s Competencies for Early Childhood Professionals.

K. Staff Evaluation

The Program Director or other supervisory staff must conduct annual staff performance evalua-

tions for each staff member. As part of this process, Program Directors should include a plan for each staff

member’s professional development. These plans will be in writing and placed into the respective staff

member’s personnel file.

§ 52-23. Building Structure and Facilities.

A. The licensee must ensure that every building or part used as a Center is constructed, used,

furnished, maintained and equipped in compliance with all applicable codes/requirements established by

the federal government, State and Arlington County regulatory bodies.

B. The building must have at a minimum two means of egress, at least one of which must

be a door or a stairway providing a means of unobstructed travel to the outside of the building at street or

ground level to the public way.

C. All rooms used for napping by children must have at least two means of egress, at least

one of which must be a door or a stairway providing a means of unobstructed travel to the outside of the

building at street or ground level to the public way.

D. Infant care must be provided on the ground level and evacuation cribs must be used in

cases of evacuation. Spaces beyond the third stories must not be used for day care purposes and must be

locked to prevent entry by children.

E. No Child Care Center will begin operation until applicant has submitted an approved

Use Permit and Certificate of Occupancy.

F. Applicant must submit inspection reports from building, health and local fire authori-

ties, as applicable

§ 52-24. Health and Safety.

A. Safety


1. The licensee must ensure that each child has a seat in any vehicle used for transporta-

tion.

2. The interior of the building must be finished in light or bright colors and the walls and

ceilings finished in washable non-toxic paint or similar washable finish.

3. The licensee must ensure that toxic plants are not permitted in a child care space.

4. The licensee will ensure that the children attending the facility will not be exposed to

paint containing lead in excess of 0.06%.

B. Smoking prohibited – licensees shall inform staff members and others at the facility that

smoking is prohibited at all times anywhere inside the center, in the outdoor play area, while transporting

children, and in the presence of children during field trips or routine program outings sponsored by the

center.

C. Release of children – the licensee will ensure that the Center has and uses written pol-

icy and procedures for the release of children including:

1. Procedures to document the release of a child to an authorized person.

2. Emergency release of children as individually requested by parents/guardians.

3. Release of a child to any person not known to Center staff.

4. Procedures to be followed when a person not authorized to pick up the child, or a per-

son who appears to be intoxicated or otherwise incapable of bringing the child home safely, requests re-

lease of the child.

5. Handling situations in which a non-custodial parent attempts to claim the child without

the consent of the custodial parent/guardian.

6. Procedure to identify and document the identity of a person picking up a child prior to

releasing the child when the person is not known to the Center.

7. The policy and procedures will be provided to all parents/guardians of children en-

rolled, staff members and volunteers.

8. The licensee must ensure that a child is released only to the parent/guardian or a person

authorized by the parent/guardian to pick up the child.

D. Area for children who become ill

A licensee shall ensure that a center has a separate area, not located in the kitchen or toilet area,

where children who are exhibiting illnesses or symptoms requiring exclusion from the center are cared for

until they can be removed from the center or are determined to pose no risk to themselves or others.

1. The separate area shall be furnished with rest equipment provided with clean bedding.

2. The child’s individual needs for rest, comfort, food, drink, and activity shall be met until

the child can be picked up by a parent/guardian.

3. All items used by an ill child, including rest equipment, bedding, utensils, and toys shall

be cleaned with soap and water and disinfected before being used by another child.

E. Child accident and injury


1. When an accident or injury occurs to a child during the hours of care, center staff shall

take emergency action to protect the child from further harm, call emergency medical services if needed,

and notify the child's parent/guardian.

2. For a serious or potentially serious injury, the parent/guardian shall be notified immedi-

ately after center staff have taken appropriate emergency action to assist the child. A less serious accident

or injury requires parent/guardian notification before releasing the child from care that day.

3. The licensee shall maintain a written injury report in the child's file or a central log for

the center for each incident that includes the name of child, date of injury, description of injury, how it

occurred, first aid or medical care provided, and parent/guardian/authorized release person signature.

4. The licensee shall maintain a written record for serious injuries of when the parent/guard-

ian was notified or of attempts to notify the parent/guardian.

5. In the event of a significant child medical event, such as a seizure, asthma attack, or

severe allergic reaction, the parent/guardian shall be notified immediately after center staff have taken

appropriate emergency action to assist the child, including contacting emergency medical services. Center

staff shall report to the Child Care Licensing Office an accident or injury that results in death or medi-

cal/dental treatment other than first aid provided at the center.

F. Pets

A licensee shall ensure that a pet kept by or located in the center is cared for in a safe and sanitary

manner and that proof of vaccination as indicated by County law is maintained on site. Poisonous or ag-

gressive animals or animals that are known to be carriers of illnesses such as ferrets, turtles, iguanas, lizards

or other reptiles, Psittacine birds or birds of the parrot family, or pets that are sick with a disease that can

be spread to humans may not be kept or brought into the center.

§ 52-25. Fire Safety.

A. The licensee must ensure that the Center is in compliance with all Arlington County fire

safety codes.

B. The licensee must ensure that fire drills are conducted in accordance with the provisions

of 405.2 of the Virginia Statewide Fire Prevention Code.

C. The licensee must ensure that portable space heaters are not permitted in the Center.

D. The licensee must ensure that a fixed space heater is approved for use by the Arlington

County Fire Department. A fixed space heater must be insulated or equipped with protective guards. Writ-

ten approval of the installation and written approval for use must be on file at the Center.

§ 52-26. Indoor Facilities.

A. The licensee will ensure that the Center is in compliance with all applicable Arlington

County building, fire, environmental health and zoning codes.

B. The center shall have a working, publicly-listed telephone with an operating voice mail

feature that allows a caller to leave a voice mail message. Changes to the phone number shall be provided

to the parent/guardian, staff, and the Child Care Licensing Office within one business day.


C. Emergency telephone numbers shall be posted by telephones accessible to staff for am-

bulance or emergency medical services, police, fire departments (911), Poison Control Center, and the 24-

Hour Child Abuse Report Line 703-228-1500.

D. A Center must have a minimum of 35 square feet of indoor space for the number and

ages of children in care. Calculation of the required minimum 35 square feet of space per child must ex-

clude food preparation areas of the kitchen, bathrooms, toilets, offices, staff rooms, corridors, hallways,

closets, lockers, laundry areas, furnace rooms, cabinets, shelving, and other storage spaces. In facilities

licensed after the enactment of this rule, this requirement is deemed to have been satisfied if each desig-

nated area for children's activities contains a minimum of 35 square feet of usable floor space per child that

will be in the room at any one time.

E. The licensee must ensure that provisions are made for children with disabilities for

their safety, comfort, and participation.

F. The licensee will ensure that room temperatures in the Center are between 68-78 de-

grees Fahrenheit at all times.

G. The licensee will ensure that there is at least one operable land line telephone in the

Center that is readily available to all staff during the approved hours of operation.

H. Cribs, cots, rest mats and beds

1. Cribs, cots or mats must be spaced to allow for easy access to each child, adequate ven-

tilation and easy exit. Aisles between cribs and cots must be kept free of obstructions while cribs or cots

are occupied.

a. For those programs licensed before the effective date of this rule, cribs, cots and mats

must have a minimum of 2 feet of space (24 inches) between each apparatus.

b. For programs licensed after the effective date of this rule, all cribs, cots and mats must

be spaced a minimum of 3 feet (36 inches) apart.

2. The licensee must ensure that cribs are in compliance with the current U.S. Consumer

Product Safety Commission (CPSC) and American Standard T Material (ASTM) International standards.

3. Recalled or “second hand” cribs may not be used or be stored in the Center.

When no longer safe, a crib will be dismantled and disposed of appropriately.

4. The licensee must ensure that soft or loose bedding is not used in cribs for children un-

der 2 years of age. These include, but are not limited to: pillows, quilts, bumper pads, and comforters,

sleep positioning devices, sheepskins, blankets, flat sheets, cloth diapers, bibs, etc.

5. Mobiles or toys hanging from the side of the crib are prohibited.

6. The licensee will ensure that infants do not nap or sleep in a car safety seat, bean bag

chair, bouncy seat, infant seat, swing, and jumping chair, play pen or play yard, highchair, chair, futon, or

any other equipment that is not a safety-approved crib.

7. The licensee must ensure that cribs are equipped with a firm crib mattress covered by a

tight-fitting sheet. No other items must be placed in a crib except for a pacifier.

I. The licensee will ensure that hot water pipes and other sources of heat exceeding 110º F

accessible to children are equipped with protective guards or is insulated to prevent direct contact.

§ 52-27. Sanitation and Hygiene.


A. The licensee will ensure that the use of potty or training chairs is prohibited in the Center.

B. Child-sized toilets that are flushable, steps and modified toilet seats must be used for

toilet training.

C. The licensee will ensure that a minimum of one toilet and one sink shall be provided per

15 children. Toilets and hand washing sinks must be clean, in good repair, and easily reached by children.

Mop sinks must be separated from the two sinks listed above.

D. The licensee will ensure that toileting areas and fixtures are cleaned daily using the fol-

lowing cleaning solutions:

1. An acceptable disinfectant solution for nonporous surfaces such as diapering tables,

counter tops, door and cabinet handles, and toilets is 1/2 - 3/4 cup of bleach combined with 1 gallon of

cool water.

2. An acceptable sanitizing solution for food contact surfaces such as dishes, utensils, cut-

ting boards, high chair trays, toys that children may place in their mouths, and pacifiers is 1 tablespoon of

bleach combined in 1 gallon of cool water.

3. Sanitizing solutions and disinfectants must be treated as a toxic and kept out of the reach

of children.

E. The licensee must ensure that toileting, diapering and hand washing areas are separated

from areas used for cooking, food prep, eating, utensil and bottle washing, or children’s activities.

F. The licensee will ensure that a written sign with the hand-washing requirement for each

child and staff person is posted at each toilet, diapering area, and sink in the Center.

G. The licensee must ensure that a clean, lidded waste receptacle is available in each toilet

area, diapering area, and next to each sink.

H. The licensee must ensure that refuse receptacles holding food waste and diapering waste

are equipped with tight fitting lids. Plastic garbage bag liners must be used in these containers. Exterior

garbage containers must be stored on an easily cleanable surface. Garbage areas will be free of litter and

waste that is not contained.

§ 52-28. Outdoor Facilities.

A. The licensee will ensure that the Center is in compliance with all applicable Arlington

County building, fire, environmental health and zoning codes.

B. A day care center must have sufficient outdoor space for the number and ages of children

in care.

C. The licensee must ensure there is a minimum of 75 square feet of outdoor play space per

child.

D. Outdoor areas must be designed so that all parts are always visible to allow for direct

supervision by child care staff.

E. The licensee must ensure that outdoor play areas are fenced.

1. Fencing must be sturdy, safe and reinforced at intervals so as to give support; con-

structed to discourage climbing and not prevent supervision of children by staff.


2. Fencing will be a minimum of four (4) feet in height with openings no larger than three

and one-half (3.5) inches.

3. Gates must be equipped with self-closing and positive self-latching closure mechanisms.

The latch or securing device must be out of the reach of children.

4. Fenced areas will have at least two exits, with at least one being remote from the build-

ing.

5. Fences must comply with applicable Arlington County health and safety codes.

6. For a Center licensed before the effective date of these rules, the existing fencing is ac-

ceptable as long as it is safe, free from hazards, and in good repair. When the fencing is replaced, the new

fencing must be in full compliance with this code.

7. For a Center licensed before the effective date of these rules that has no existing fencing,

that Center will have two years from the effective date rules to install fencing that complies with this code.

F. The licensee may obtain an exception from the Department from outdoor facility require-

ments for the following reasons:

1. Limited outdoor space is offset by a greater amount of indoor space, such as a gym,

permitting an equivalent activity program;

2. Limited indoor space is offset by sheltered outdoor space where climate permits reliance

on outdoor space for activities normally conducted indoors; or

3. Limited outdoor or unfenced space is offset by the availability or use of an adjacent

school playground, nearby parks, or other safe outdoor play area.

G. Toys, play equipment, and any other equipment used by children must be of substantial

construction and free from rough edges, sharp corners, splinters, unguarded ladders on slides, and must be

kept in good repair and well maintained.

H. Outdoor equipment such as climbing apparatus, slides and swings, must be anchored

firmly and placed in a safe location according to manufacturer’s instructions.

I. Equipment used for climbing should not be placed over or immediately next to hard

surfaces such as asphalt, concrete, dirt, grass or flooring covered by carpeting or gym mats not intended

for use as surfacing for climbing equipment.

J. All pieces of playground equipment should be placed over and surrounded by a shock

absorbing surface that is either a unitary or loose-filling type as defined by CPSC and ASTM International

Standards.

K. Ground surfaces should extend at least six feet beyond the perimeter of the stationary

equipment.

L. Organic materials that support colonization of molds and bacteria should not be used.

M. All loose fill materials must be raked on a regular basis to retain their proper distribution,

shock absorbing properties, and to remove foreign materials.

N. Trampolines and wading pools are prohibited for use by children in care.


O. Providers will have six months following the enactment of this rule to come into com-

pliance with the provisions of §52-28.

§ 52-29. Emergency Preparedness.

A. A licensee must have a written emergency plan for the Center and conduct a docu-

mented review of the disaster plan with all staff on an annual basis. The documentation must be main-

tained on the premises of the facility.

B. The emergency plan must include:

1. Information on disasters likely to occur in or near the facility, county, state, or region

that require advance preparation and/or contingency planning;

2. Process for notifying and communicating with parents/guardians in various situations;

3. Mechanisms for notifying and communicating with emergency management public of-

ficials;

4. Information on crisis management decision-making and practices related to sheltering

in place, relocating to another facility, evacuation procedures including how non-mobile children and

adults will be evacuated, safe transportation of children including children with special health care needs,

transporting necessary medical equipment, obtaining emergency medical care, and responding to an in-

truder;

5. Identification of meeting places and plans for reunification of parents/guardians with

their children;

6. Details on collaborative planning with other groups and representatives;

7. Continuity of operations planning, including backing up or retrieving health and other

key records/files and managing financial issues such as paying employees and bills during the aftermath

of the disaster;

8. Contingency plans for various situations that address:

a. Emergency contact information and procedures;

b. How the facility will care for children and account for them, until the par-

ent/guardian has accepted responsibility for their care;

c. Acquiring, stockpiling, storing, and cycling to keep updated emergency

food/water and supplies needed to care for children and staff for up to 3 days if

shelter-in-place is required and when removal to an alternate location is re-

quired;

d. Administering medicine and implementing other instructions as described in

individual special care plans;

e. Procedures that might be implemented in the event of an outbreak, epidemic, or

other infectious disease emergency;

f. Procedures for staff to follow in the event that they are on a field trip or are in

the midst of transporting children when an emergency or disaster situation

arises; and

g. Staff responsibilities and assignment of tasks.

C. All employees must be trained on the facility’s emergency and evacuation plan. The

provider must maintain written documentation of the date this training was completed.


D. The facility must conduct 10 emergency drills per year. Eight of the emergency drills

shall be fire drills. The other two drills shall be related to other disasters likely to occur in the facility,

county, state, or region.

E. Documentation of the emergency drills must include who conducted the drill, when it

took place, the number of adults and children present, the time of day and how long it took to evacuate

everyone.

F. There should be a National Oceanic Atmospheric Association (NOAA) weather radio

for each facility, left on 24/7 to alert to any weather issues.

§ 52-30. Staffing and Supervision.

A. Group size and child to adult ratio

The size of any one group of children must not exceed that specified below for each particular

age and there shall be a teacher for each group with adequate staff to meet the applicable child-adult ra-

tio. Child-adult ratios shall be maintained throughout the day. Where children of different ages are placed

in groups, the ratio shall be adjusted by the director with the welfare of the youngest children in mind.

Age of Child Maximum Size of Group Child to Adult Ratio

Under 2 years of age 9 3 to 1

2 years of age 10 5 to 1

3 years of age 16 8 to 1

4 through 5 years of age 20 10 to 1

6 through 14 years of age 25 15 to 1

B. The licensee must ensure that a staff member qualified as a teacher is assigned to each

group.

C. A center accredited by or affiliated with the American Montessori Society or the Asso-

ciation Montessori International may follow the Montessori standards, provided that the Virginia Stand-

ards for Licensed Child Care Centers are maintained. Programs must provide documentation of affilia-

tion or accreditation. The Montessori standards are:

Age of Child Maximum Size of Group Child to Adult Ratio

Birth to 18 months 8 4 to 1

18 to 36 months 16 8 to 1

2.5 to 6 years 30 15 to 1

6 to 14 years 30 20 to 1


D. Staffing

1. Only staff who are qualified, physically present, and working with children can be

counted for the purposes of child to adult ratios.

2. Two staff must be present whenever children are in present in the center.

3. Children must be supervised at all times. The provider and all care-givers must be re-

sponsible for direct care, protection, supervision, and guidance of children through active involvement or

direct observation.

4. The licensee will ensure that a staff member designated as assistant director is on-site

whenever the program director is not on-site. The designated assistant director must meet the qualifications

for a teacher.

5. The licensee will ensure that a center has an on-site program director for at least 30 hours

per week or at least 50 percent of the hours that the center is open.

6. The licensee will ensure that no more than 50 percent of the staff who are working are

qualified as Teacher’s Aides.

7. The licensee will ensure that volunteers are directly supervised by staff and are not left

alone with children.

8. The licensee will schedule staff in a way that each child younger than two years of age

has a consistent caregiver.

§ 52-31. Program for Children.

A. Activities

1. The licensee must have a curriculum that is based on children’s development and edu-

cation. The curriculum must include areas of physical, social, emotional, language and literacy, and cog-

nitive development and must be appropriate to the ages and developmental levels of the children. The

curriculum is expected to be based on best practices and accepted research in child development and be

aligned with Milestones of Child Development, Learning from Birth to Kindergarten by the Virginia De-

partment of Social Services.

2. The licensee must have a written plan of developmentally appropriate activities to meet

the needs of all the children attending the center. The activity plan is to be current and easily accessible to

staff and parents.

3. The activities must be varied, developmentally appropriate, culturally meaningful, edu-

cationally valuable, and promote the development of language, literacy, reasoning and problem-solving

skills, understanding of math and scientific concepts, large and small muscles skills, social skills, under-

standing and self-regulation of emotions, positive concept of self, and self-help skills appropriate to the

age and developmental levels of the children.

4. Activities must be adapted to meet the needs of children with disabilities and special

health care needs and to include these children fully in the curriculum.

5. When a child with an Individualized Educational Plan (IEP), Individualized Family Ser-

vice Plan (IFSP) or Section 504 Plan is enrolled and the parents have made the IEP, IFSP or Section 504

Plan available to the center, the goals and objectives of the plan must be considered when planning and

implementing activities.


6. Center director and teachers must accommodate and participate in, when appropriate,

early intervention sessions that occur during center hours, i.e. children will not be removed from their

environment to have an early intervention session. The session should occur during regularly scheduled

routines.

7. The licensee will ensure that activities and materials reflect children’s cultures and com-

munities. The program director will consult with parents about care practices specific to their children’s

culture and community and provide as much consistency as possible in the care of the child(ren).

8. The plan of activities must offer a predictable schedule of activities that provides a bal-

ance of active and quiet play, opportunities for individual and group play, teacher directed and children

initiated activities, and be responsive to individual interests and needs of the children.

9. The plan of activities for centers operating four or more hours per day have to include at

least two hours of outdoor play, divided between morning and afternoon. In centers that operate less than

four hours per day, 30 minutes of outdoor play will be included.

10. The plan of activities will be developed for each age group of children and posted for

reference by staff and parents.

11. The plan must include a method for transitioning children from one age group to another

and for other transitions that occur over the course of a day.

12. The licensee will ensure that screen time (television, DVDs, computers, and other elec-

tronic devices) is prohibited for children younger than two years and limited to less than 30 minutes a day

for all other age groups unless the child uses a device with a screen as part of an IFPS/IEP/504. Any

material viewed or used by the children during screen time must be age appropriate and educational.

B. Teacher-child interactions

1. The licensee must schedule and assign staff with groups of children to promote con-

sistency of caregiving and development of positive relationships between staff and children.

2. Staff members will be engaged with children at the children’s eye level the majority of

the time, and:

a. Encourage conversations with children and between children;

b. Interact with children individually;

c. Respond and comfort children that are upset or crying;

d. Encourage each child’s positive self-concept and self-regulation.

3. Staff members caring for children younger than two years will hold and comfort children

during feeding, diaper changing and other routine care, and be responsive to children’s vocalizing.

4. Staff members caring for children with special needs or special health care needs will be

oriented to the specific needs of each child and the support needed for the child to encourage growth and

development.

C. Behavioral guidance

1. The licensee must develop and implement written policies and procedures for behav-

ioral guidance. The policies and procedures will be provided to parents when their child is enrolled and

to staff during orientation. The center’s policies and procedures must:


a. Emphasize prevention of behavioral problems by engaging with children, creating an

engaging environment, and setting realistic expectations based on children procedures

development.

b. Require staff to encourage positive behavior and use redirection as a primary invention

strategy; and

c. Engage with parents for problem solving when challenging behavior issues arise.

D. Equipment and materials

1. The licensee must provide developmentally appropriate equipment and materials for a

variety of indoor and outdoor activities that support implementation of the center’s curriculum.

3. The licensee must make available materials and equipment in a quantity that allows

children to make choices and not have an undue waiting time to use the materials and equipment.

4. The licensee must ensure that children younger than two years of age have access to

indoor space that is organized in a manner to safely allow children to move and interact with staff and other

children.

5. The children must have daily opportunities to use the following types of materials:

a. Books;

b. Fine motors toys including but not limited to grasping toys, nesting cups and rings, con-

tainers to fill and dump, balls, textured toys, shape sorting toys, simple puzzles, blocks

appropriate to the children’s development;

c. Gross motors toys that provide opportunities for encourage crawling, walking, and

climbing, balancing, and running;

d. Simple art materials for children over 12 months;

e. Music and other sound making objects; and

f. Materials for dramatic play with adults and other children.

6. The licensee will ensure that children older than two years have access to an indoor space

that is organized into activity areas. An activity area is an identifiable space that is accessible to children

and where related equipment and materials are kept in an orderly fashion and available to children on a

daily basis. Activity areas include the following:

a. Books and pictures;

b. Fine motors materials;

c. Art;

d. Music and movement;

e. Blocks;

f. Multi-sensory play with materials such as water or sand;

g. Dramatic play;

h. Nature and science; and

i. Math and numbers.

7. The licensee must ensure that materials are culturally and ethnically diverse.

§ 52-32. Staff Health Requirements.

A. The licensee ensures the following for every staff member, including volunteers:

1. A written report from a health care provider of a health appraisal attesting to the health

of the staff member, including the ability to perform essential job functions, on file with the Center prior


to first day of employment and annually thereafter, this documentation must be both signed, stamped and

dated by a physician; and

2. That each employee and volunteer, prior to working at the Center and annually thereaf-

ter, has evidence of a TB Risk Assessment, with testing and results that is signed, stamped and dated by a

physician.

B. The licensee ensures that each employee and volunteer diagnosed with a communica-

ble disease, as defined in Center procedures, has no contact with children or the Center facilities.

§ 52-33. Child Health Requirements.

A. The licensee will have specific arrangements with a health care provider who will pro-

vide consultation on both routine and emergency health care issues for children. The only exception to this

rule is when the licensee employs a Registered Nurse licensed in the Commonwealth of Virginia to provide

health services, or arrangements have been made with a certified child care health consultant who is also a

Registered Nurse licensed in Virginia.

B. The licensee will have a written plan for the routine and emergency health care needs of

children including procedures to be followed in case of illness and plans for accessing emergency services.

Each staff member must receive a copy of this plan and be trained in its implementation. Parents/guardians

will be given a copy of this plan at the time of enrollment. The plan must be approved by the Center health

care provider or certified child care health consultant. The plan must include:

1. Procedures to be followed in case of illness or emergency, including the method of trans-

portation and notification of parents/guardians;

2. Procedures to be followed in case of illness or emergency, when parents/guardians can-

not be reached;

3. The Center’s policy regarding the administration of medication; and

4. A plan for the management of communicable disease including the following:

a. The list of symptoms of illness for which a child will be excluded from the Center

or separated from the group if symptoms occur after the child has been admitted for

the day;

b. The list of reportable communicable diseases for which a child will not be admitted

to the Center without a written statement from a health care provider;

c. Assurance that the parent/guardian whose child may have been exposed to a report-

able communicable disease receives written notice of the outbreak; and

d. A process for reporting to the proper authorities all suspected or confirmed report-

able diseases and of all outbreaks in accordance with the Code of Virginia §32.1-36

and §32.1-37 and The Board of Health Regulation for Disease Reporting and Con-

trol 12 VAC 5-90-80 and 12 VAC5-90-90.

C. The licensee must ensure that each child, prior to admission to the Center, has a TB risk

assessment and if indicated, necessary testing and results. The child’s file should contain documentation

that is signed, stamped and dated by the child’s physician.

D. The licensee must ensure that, a physician’s statement is obtained from the parent before

a child is readmitted to the Center after an absence of more than five days due to illness.


E. The licensee will ensure that a trained staff member shall conduct and document a

health check of each child every morning upon arrival. This health check will be performed whenever

staff notice a change in the child’s behavior or appearance while the child is in care.

1. The health care check includes observations or reported illnesses, injury or changes in

behavior and other signs/symptoms.

2. If there are indications of illness, the parents/guardian or adult specified by the parents

will be notified and arrangements made to take the child home or exclude the child according to Center

procedures.

3. The documentation of daily health checks will be maintained for one month.

F. Administration of Medication and Special Diets

1. The licensee must ensure that the Center makes reasonable accommodations to children

with respect to the administration of medication and special diets. These accommodations must be in ac-

cordance with applicable Federal and State laws.

2. The licensee must ensure that when a special diet is prescribed for and administered to

written instructions and the parent’s written consent must be retained in the child’s file.

3. Center staff are not required to administer medication or special diets which are re-

quested or required by a parent, physician or approved health professional but are not treatment related to

the child’s special needs.

4. The licensee must ensure that, when medication is administered to a child, trained Center

staff regularly review the written record of the medication with the child’s parents.

5. The licensee must ensure that staff trained to administer medication can demonstrate

proper techniques for administering, handling and storing medication, including the use of any necessary

equipment to administer the medication.

6. The licensee will maintain a medication log that includes refrigeration requirements as

applicable and special notes related to problems with administration.

G. First Aid Kits

1. The licensee must ensure that one first aid kit per child care group is on the premises

and accompanies children and Center staff/volunteers on excursions from the Center. Each first aid kit

taken on an excursion must contain a bottle of water in addition to other required items.

2. A first aid kit is required per classroom and kept on premise at all times and must at a

minimum contain:

a. Sterile, absorbent bandages;

b. A cold pack;

c. Tape and a variety of band-aids;

d. Tweezers and scissors; and

e. Disposable single use gloves.

3. The licensee must ensure that first aid kits are restocked after each use and an inven-

tory is conducted at regular intervals.

§ 52-34. Nutrition and Food Service.


A. The licensee must ensure that the food preparation areas are in compliance with the

standards and practices of the Arlington County Food and Food Handling Code Chapter 9.2.

B. The licensee will ensure the following meal and snack patterns for children in care, tak-

ing into consideration individual needs:

1. Children in care for eight or fewer hours in one day must be offered at least one meal

and two snacks or two meals and one snack.

2. Children in care for more than eight hours in one day must be offered at least two meals

and two snacks or three snacks and one meal.

3. Children who have not received breakfast at the time they arrive in the morning will be

served a nourishing breakfast.

4. Centers that operate less than four hours a day must offer children in attendance at least

one snack every two and one half hours.

C. The licensee will ensure that Center staff and families work together to identify each

child’s nutritional needs taking into consideration the following:

1. Relevant nutrition-related assessment data, including height and weight, and food sensi-

tivity due to allergies or other conditions;

2. Family eating patterns, including cultural, ethnic or religious preferences and special di-

etary needs; and

3. Feeding requirements of infants or toddlers.

D. Special Dietary Needs

1. The licensee will ensure that written instructions from the child’s parent/guardian and

the child’s primary care provider are on file for children requiring dietary modification or special feeding

techniques. The written information must include:

a. The child’s full name and date of instructions;

b. The child’s special needs and pertinent special needs information;

c. Any dietary restrictions based on the special needs;

d. Any special feeding or eating utensils; and

e. Any foods to be omitted from the diet and any foods to be substituted;

E. The licensee will ensure that mothers are encouraged to breast feed their infants. Breast

milk provided by the parent will be safely stored and served in accordance to an established infant feeding

schedule.

F. The licensee will ensure the following at mealtime:

1. Food will not be withheld as a form of punishment nor will food be offered as a reward;

2. Children will be encouraged to eat but not forced to eat all of their food;

3. Staff will eat with children and model healthy eating behavior;

4. To the extent possible, toddlers and preschool children will eat meals with assigned staff;

G. Volunteers will eat together family style and model healthy eating behavior.


H. The Center will ensure that a variety of foods are served to broaden each child’s food

experiences and that sufficient time is allowed for children to eat.

I. Celebrations (birthdays, special occasions) should include mostly healthy foods or non-

food treats.

J. Children between twelve and twenty-four months of age, who are not on human milk or

prescribed formula, can be served whole pasteurized milk or reduced fat (2%) pasteurized milk for those

at risk for obesity.

K. Children two years or age and older will be served only skim or 1% pasteurized milk.

L. Only full-strength (100%) pasteurized fruit juice or full-strength fruit juice diluted with

water from a cup will be served to children twelve months of age or older. Juice will have no added sweet-

eners and must be served at specific meals and snacks instead of continuously throughout the day.

M. Staff will promote dental hygiene among children at mealtimes.

N. The licensee will ensure that clean, sanitary drinking water is readily available, in in-

door and outdoor areas, as nutritionally appropriate, to children throughout the day.

O. Children will not be allowed to have water continuously in hand in a “sippy cup” or

bottle.

P. Qualifications of food service staff

Staff who store, prepare, package, or serve food directly shall meet qualifications as de-

scribed in Arlington County Food and Food Handling Code Chapter 9.2.

§ 52-35. Cooperative Play Programs.

A. In addition to the requirements outlined in § 52-3 through § 52-34, Cooperative Play

programs must:

1. Be organized under a governing body that sets policy and is responsible for the organi-

zation;

2. Operate under clearly defined mission, goals, and objectives for the organization;

3. Adopt policies and procedures necessary for the proper operation of the organization;

and

4. Maintain effective communication throughout the organization.

B. Each Cooperative Play Program will have a Program Director or coordinator. It is the

responsibility of the Director or coordinator to assure:

1. Parents receive an orientation to the Cooperative Play Program. This orientation will

include:

a. An overview of the program’s mission and philosophy;

b. The program’s policies, including child guidance and discipline, child develop-

ment practices, and supervision of children;


c. Overview of typical daily activities for children and the role parents play in

implementing those activities; and

d. Clear expectations regarding parent participation.

2. Parents will not provide supervision to children other than their own until such time as

the parent has fully received orientation as specified above and can show to the director’s satisfaction that

they can implement the program’s policy.

§ 52-36. Parents Day Out Programs.

A. In addition to the requirements outlined in § 52-3 through § 52-34, Parents Day out

Programs must:

1. Be organized under a governing body that sets policy and is responsible for the organi-

zation;

2. Operate under clearly defined mission, goals, and objectives for the organization;

3. Employ qualified personnel in accordance with §52-22;

4. Adopt policies and procedures necessary for the proper operation of the organization;

and

5. Maintain effective communication throughout the organization.

B. Each Parents Day Out Program will have a program director, or coordinator.

C. The program director or coordinator will be physically present during the week for at

least half of the time the children are present. In the director or coordinator’s absence, there must be a

person designated to act on behalf of the director or coordinator.

§ 52-37. Conflict of Chapter.

In any case where a provision of this chapter is found to be in conflict with any other provision

of the Arlington County Code existing on the effective date of this chapter, the provision which establishes the more stringent standard for the promotion and protection of the health and safety of the people shall prevail.

§ 52-38. Severability.

Should any clause, sentence, paragraph or part of this chapter or the application thereof to any

person or circumstances be adjudged by a court of competent jurisdiction to be unconstitutional or invalid,

said judgment will not affect, impair or invalidate the remainder of this chapter, or the application of such

provisions to other persons or circumstances, but must be confined in its application to the clause, sentence,

paragraph or part thereof, directly involved in the controversy in which said judgment will have been ren-

dered, and the person or circumstances involved.

§ 52-39. Penalties.

A. Any person, firm or corporation who operates a Child Care Center without a valid li-

cense issued pursuant to this chapter, or who continues to operate a Child Care Center after their license

has been revoked or suspended, is guilty of a class 2 misdemeanor and upon conviction thereof will be


punished by a fine not to exceed three hundred dollars ($300.00), or by imprisonment in jail not exceed-

ing thirty (30) days, or both. Each day of violation will constitute a separate offense.

B. Any person, firm, or corporation who otherwise operates a Child Care Center in viola-

tion of this Ordinance may have their license denied, suspended, revoked or non-renewed in accordance

with this Chapter.

§ 52-40. Deferred Compliance.

The owner or operators of any Center required to be licensed by this chapter, operating in the

County as of the effective date of this chapter, may apply for and be granted a time period not to exceed

twelve (12) months in order to comply with the standards and policies prescribed hereunder which were

not in effect on the date of enactment of this chapter. All other provisions of this chapter become effective

upon the effective date of the chapter.

Documents

ARLINGTON COUNTY CODE Chapter 52 CHILD CARE CENTERS § …arlingtonva.s3.amazonaws.com/.../2016/...1-19-16.pdf · Page 4 of 34Friday, January 29, 2016Chapter 52 DRAFT 1 19 16.docx