TO: All Licensed Child Day Centers

FROM: Jeffrey Williams, Director of Office of Child Care Health and Safety

SUBJECT: Licensed Child Day Center Standards (8VAC20-780)

This memo is to inform you that the new Licensed Child Day Center Standards (8VAC20-780) are effective today, October 13, 2021. 

The final version of the regulation can be viewed at https://law.lis.virginia.gov/admincode/title8/agency20/chapter780/. We are in the process of creating a PDF version of the regulation that will be available on the Child Care VA website at https://www.doe.virginia.gov/cc/providers/index.html?pageID=10. We will send a notification out when the final regulation has been posted. 

We recognize that providers are currently facing many challenges, including an industry-wide struggle to hire and retain staff, and that some may need more time to implement the new regulations. In efforts to minimize the impact of the hardships experienced by many child care providers across the state and in good faith of our partnership with you, there will be a 90-day implementation period, from 10/13/21 to 1/13/2022. During this time period, instances of noncompliance with new standards will not be cited as violations unless they are egregious or result in harm. All other noncompliance with the new standards will be noted in the comment box on the violation notice. The language in the comment box will reference that the new standard became effective on October 13, 2021, but the facility has not yet fully complied with the new requirement.

Please note that this new regulation replaces and updates previous versions of the Standards for Licensed Child Day Centers 22VAC40-185 and 8VAC20-780. Allowable variances expire when a new regulation becomes effective. If your program currently has a variance for a previous requirement in 22VAC40-185 or 8VAC20-780, it will expire on January 13, 2022 at the end of the implementation period. Please review the new standards to determine if a variance is still needed before applying for a variance on any of the new standards. If you think you need a variance to a standard because the requirement poses a hardship to your facility, please contact your Licensing Inspector on how to proceed. Additional information regarding allowable variances can be found in the regulation, General Procedures and Information for Licensure (8VAC20-820), which can be viewed at https://law.lis.virginia.gov/admincode/title8/agency20/chapter820/.

Please contact your Licensing Inspector for more details or if you have any questions.