SD38 - Report of the Commission on Early Childhood and Child Day Care Programs

  • Published: 1993
  • Author: Commission on Early Childhood and Child Day Care Programs
  • Enabling Authority: Chapter 510 (Regular Session, 1991)

Executive Summary:
The Commission on Early Childhood and Child Day Care Programs was created by the 1991 General Assembly pursuant to House Bill 1778 (Marshall). The Commission continues in statute the work of the Joint Subcommittee Studying Early Childhood and Day Care Programs established by the 1987 Session of the General Assembly (Senate Joint Resolution 167 and House Joint Resolution 299). For over four years, the Joint Subcommittee studied the issues surrounding early childhood programs, culminating in its 1990 recommendation to strengthen Virginia's child care regulatory systems, House Bill 1035. The enactment of House Bill 1778, placing the Joint Subcommittee in the Code of Virginia as a legislative study commission, recognized the importance of early childhood programs to families in the Commonwealth and to the Commonwealth's economic future.

Today, in Virginia, nearly 680,000 children under the age of 13 reside in households where their mothers are working outside of the home. The General Assembly and the Commission are keenly aware of the critical role played by early childhood programs in the daily lives of these families. Early childhood programs support working families and can provide safe, secure and stimulating environments that enable young children to grow into educated, reliable, productive members of society.

Yet, while acknowledging the need for safe, supportive environments for young children, the Commission also recognizes the need to balance the state's role in ensuring the safety of these environments, with the rights and responsibilities of parents to choose a variety of different settings and the rights of providers to operate free of unnecessary, restrictive regulation. As the first step in developing a system of uniform, fair regulatory oversight, the 1992 Session of the General Assembly, pursuant to Senate Joint Resolution 114, directed the Commission to "(i) review the issues, (ii) address significant policy implications, (iii) resolve inconsistencies in the law, and (iv) recommend sound, appropriate, and feasible measures to ensure the protection of children, balance between conflicting interests, and the availability of quality, affordable and accessible early childhood and day care programs throughout the Commonwealth."

The Commission on Early Childhood and Child Day Care Programs, in recognizing the enormous task before it, began its work during the last week of the 1992 General Assembly Session. On March 4, 1992, Senator Walker convened a meeting of the full Commission for a preliminary discussion of relevant 1992 carry-over legislation and related issues. To assist the Commission, the Secretary of Health and Human Resources asked the Department of Social Services to establish an interagency liaison committee to identify and examine the issues and make recommendations.

During June and July, the executive and legislative staff gathered information for the Commission. Legislative staff reviewed regulations of other states and clarified issues related to three separate categories of programs: school-based before- and after-school programs; proprietary child day care programs; and, programs operated by local departments of parks and recreation. The Department of Social Services talked with special interest groups around the state in an effort to clarify issues and reach a satisfactory compromise. The liaison committee developed recommendations that would address the questions it identified. This work resulted in a definition for "child day program" rather than "child day care;' acknowledging the differing types of programs that serve children.

At its August meeting, the Commission heard recommendations from legislative and executive staff. The Deputy Commissioner for Local Programs, Department of Social Services, on behalf of the liaison agencies and their Boards, presented a definition of "child day program". This definition reflected policy goals for a regulatory law, as well as principles that included administrative considerations and child-focused risk factors. Comments were received on behalf of local parks and recreation programs seeking exemption from regulation; from a multi-site after-school program run by a Northern Virginia school division seeking exemption from regulation or a procedure that would license the school division to regulate its own sites; and from a school division in support of regulation through the Department of Education.

The full Commission convened again in October 1992 when a subcommittee was appointed to examine carry-over legislation and a proposal from Howard Cullum, Secretary of Health and Human Resources. Chaired by Delegate Joan H. Munford, the subcommittee conducted three sessions to receive comments and suggestions from interested parties and from the patrons of carry-over legislation. Representatives from the Virginia Association for Early Childhood Education, the Virginia Child Care Resource and Referral Network, the Virginia Community College System, the Virginia Recreation and Parks Association, the Virginia Association of Independent Schools, the Virginia Alliance of Family Day Care Associations, the Virginia Montessori Association, parents, providers, and other interested parties addressed the subcommittee.

Secretary Cullum, in further consultation with special interest groups, clarified the definitions in a final proposal for child day programs in Virginia. This proposal was reviewed and, with several modifications, was accepted by the subcommittee at its November 25 meeting. The subcommittee also expressed interest in an effective date of July 1, 1993, for recommended legislation, rather than July 1, 1994.

The Commission also met on November 25 to review the recommendations of the subcommittee. It accepted· the subcommittee's report and requested the Department of Social Services to prepare an implementation plan and cost estimates.

The Commission held public hearings on its preliminary recommendations at four locations around the state. In general, speakers supported the Commission's recommendations with some notable exceptions.

Throughout its deliberations, the Commission has recognized the challenge of finding the appropriate balance in child day care regulation. It intends to develop a policy that will improve child day care; protect the health, welfare, and safety of all children while they are in the care of persons other than their parents; and recognize the unique characteristics of some programs.

The Commission, therefore, makes the following recommendations for implementation beginning July 1, 1993.

I. Chapter 10 of Title 63.1 should be amended to include a clear definition of child day programs. Child day programs subject to licensure should include child day centers, child day center systems, family day homes, and family day systems.

II. The Commissioner of Social Services should have the power to issue sanctions for serious noncompliance with promulgated standards.

III. Section 63.1-196.3 should be amended to require religiously exempt centers to establish policies and procedures to ensure ongoing compliance with the requirements of the exemption application, criminal records checks, health and safety requirements, including child immunization laws, child abuse and neglect laws, and transportation laws, including those specific to child restraint devices.

IV. Section 63.1-196.3 should be amended to authorize on-site inspections of religiously exempt centers to confirm compliance with the requirements or investigate complaints of noncompliance prior to granting or renewing an exemption. Under this proposal, any center found to be in serious and persistent violation of these requirements shall have its exemption. revoked.

V. Implementation of the Commission's proposal should begin July 1, 1993, and the General Assembly should appropriate such funds and positions as are necessary to implement the proposal. During the phase-in period, programs to assist providers with improvements necessary to meet regulatory changes should be developed and implemented.

VI. Agencies of the Commonwealth should help parents become better informed consumers of child care, so that they understand the role of regulation and can evaluate and monitor the programs they choose. The agencies should also support providers in their efforts to provide safe, high-quality experiences for children. The Council on Child Day Care and Early Childhood Programs and the Department of Social Services should develop and implement a statewide training plan which includes the community college system and four-year colleges and universities.

VII. The General Assembly should appropriate $100,000 each year to expand an improvement loan fund to assist child care providers in meeting regulatory standards and improving the quality of their programs.

VIII. The Council on Child Day Care and Early Childhood Programs, in cooperation with the Virginia Child Care Resource and Referral Network, should conduct a demonstration project to test the development of regional child care network centers as a system to link child care services to a statewide network. The Commission recommends $151,565 and two FTEs in the first year and $211,260 and two FTEs in the second year to conduct the regional demonstration project.

IX. The General Assembly should appropriate $100,000 each year to establish a Quality Child Care Awareness Campaign. These funds would match the funds set aside by the Council on-Child Day Care and Early Childhood Programs for this campaign.

1992 Carry-Over Legislation

The Commission recommends adoption of its proposed legislation in lieu of the following bills carried over from the 1992 Session of the General Assembly:

• HB 707 relating to child day-care facilities and licenses

• HB 762 relating to definitions of child-care facilities and registration of small family day-care homes

• HB 776 relating to the definitions of child day-care facilities and licenses

• HB 1026 relating to the certification of certain private preschool and nursery school programs

• SB 344 relating to definitions of child day-care facilities and licenses

• SB 466 relating to the definitions of child day-care facilities and licenses

The Commission recommends that Senate Bill 380, relating to application fees for child welfare agencies, be re-referred to the House .Committee on Health, Welfare and Institutions.