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136 5.3 Regulatory Oversight of Providers

Payment rates are made according to the provider’s level of regulatory oversight. There are two levels of providers: Level 1 and Level 2. There are two categories of Level 1 Providers: Unlicensed and License- Exempt Regulated.

Level 1 Unlicensed Providers are child care providers, including in-home providers, who are neither licensed nor registered; and local government-approved recreation programs.

Level 1 License-Exempt Regulated Providers are child care providers who are voluntarily registered family day homes; religious-exempt child day centers; local school division programs staffed by local school division employees and subject to safety and supervisory standards established by the local school board; and certified preschools.

Level 2 Providers are child care providers who are licensed by the Department, approved by a licensed family day system, or approved under local ordinance according to §§ 15.2-741 and 15.2-914 of the Code of Virginia. An exception has been made for child care centers approved by the Department of Defense to be recognized as Level 2 Subsidy providers. NOTE: Licensed and license-exempt regulated providers are considered to be operating legally if the regulatory agency received a complete renewal application prior to expiration of their current license, certificate, permit, or exemption. A. Level 1, Unlicensed Providers

Unlicensed Family Day Home:

An unlicensed family day home can legally provide care for no more than four children, in addition to the provider’s own children or children residing in the home, or no more than four children under the age of two, including the provider’s own children or children residing in the home, at any one time.

In-Home Child Care:

In-home child care is provided in the home of the child and parent when all the children in care reside in the home and the provider does not live in the home. The person may or may not have credentials or formal training in early childhood education. As the employer, the parent is responsible for finding someone who meets the family’s needs.

Under the Code of Virginia, in-home child care providers are considered family day homes. In-home child care providers are subject to the health and safety regulations for family day homes in the Child Care Subsidy Program.

See 3.14 section E for additional details about payment for and restrictions associated with in-home care.