Virginia HB 545: Child care licensure; forfeiture of eligibility for religious exemption.

Bill Text

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2018 SESSION

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18101054D

HOUSE BILL NO. 545 

Offered January 10, 2018 

Prefiled January 8, 2018 

A BILL to amend and reenact � 63.2-1716 of the Code of 
 Virginia, relating to child care licensure; forfeiture of eligibility for 
 religious exemption. 
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Patron-- Freitas 

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Referred to Committee on Health, Welfare and Institutions 

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Be it enacted by the General Assembly of Virginia:

1. That � 63.2-1716 of the Code of Virginia is amended and 
 reenacted as follows:

� 63.2-1716. Child day center operated by religious 
 institution exempt from licensure; annual statement and documentary evidence 
 required; enforcement; injunctive relief.

A. Notwithstanding any other provisions of this chapter, a 
 child day center, including a child day center that is a child welfare agency 
 operated or conducted under the auspices of a religious institution shall be 
 exempt from the licensure requirements of this subtitle, but shall comply with 
 the provisions of this section unless it chooses to be licensed. If such 
 religious institution chooses not to be licensed, it shall file with the 
 Commissioner, prior to beginning operation of a child day center and thereafter 
 annually, a statement of intent to operate a child day center, certification 
 that the child day center has disclosed in writing to the parents or guardians 
 of the children in the center the fact that it is exempt from licensure, the 
 qualifications of the personnel employed therein and documentary evidence that:

1. Such religious institution has tax exempt status as a 
 nonprofit religious institution in accordance with � 501(c) of the Internal 
 Revenue Code of 1954, as amended, or that the real property owned and 
 exclusively occupied by the religious institution is exempt from local 
 taxation.

2. Within the prior 90 days for the initial exemption and 
 within the prior 180 days for exemptions thereafter, the local health 
 department and local fire marshal or Office of the State Fire Marshal, 
 whichever is appropriate, have inspected the physical facilities of the child 
 day center and have determined that the center is in compliance with applicable 
 laws and regulations with regard to food service activities, health and 
 sanitation, water supply, building codes, and the Statewide Fire Prevention 
 Code or the Uniform Statewide Building Code.

3. The child day center employs supervisory personnel 
 according to the following ratio of staff to children:

a. One staff member to four children from zero to twenty-four 24 months.

b. One staff member to ten 10 children from ages twenty-four 24 months to six years.

c. One staff member to twenty-five 25 children ages six years and 
 older.

Staff shall be counted in the required staff-to-children 
 ratios