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135 5.2 Parental Choice
Families have full parental choice of child care providers. However, authorized payments will be made to only those providers who meet the provider requirements of the subsidy program. LDSS must advise families about the availability of providers and assist them in gaining needed information on how to identify and monitor quality child care and the characteristics that affect program quality.
LDSS must not establish policies that limit parental choice of providers.
A. Relative Care
A child’s relative may be paid as a child care provider as long as the individual providing care does not reside in the home where care is being offered and is not legally responsible for the children needing care.
Example: An owner or operator of a family day home is not eligible to receive a child care subsidy payment for their own child when the child is in the home of the owner or operator.
See 5.3 section A for additional details about payment for in-home care.
B. Legally Operating Provider
In order to maintain their eligibility, families must choose a child care provider who meets the subsidy program requirements and is a legally operating provider approved by the Virginia Department of Education, pursuant to 8VAC20-790. All providers who participate in the subsidy program must:
1. Be at least 18 years of age; 2. Be operating legally according to the Code of Virginia and local laws and regulations, as applicable; 3. Obtain background checks as required by the regulations for their type of child care; 4. Complete the Virginia Preservice Training for Child Care Staff course and maintain current certification in first aid and cardiopulmonary resuscitation (CPR) as appropriate to the age of the children in care; 5. Maintain substantial compliance with the applicable Subsidy Inspection Requirements for the child day program; and 6. Have a current, signed and dated Provider Agreement or Subsidy Provider Agreement Attestation Form on file.