9.1 Parental Complaint Process

Lead Agencies must maintain a record of substantiated parental complaints against child care providers and make information regarding such complaints available to the public on request. Lead Agencies must also provide a detailed description of the hotline or similar reporting process for parents to submit complaints about child care providers; the process for substantiating complaints; the manner in which the Lead Agency maintains a record of substantiated parental complaints; and ways that the Lead Agency makes information on such parental complaints available to the public on request. Lead Agencies are not required to limit the complaint process to parents. 9.1.1 Parental complaint process a. Describe the Lead Agency’s hotline or similar reporting process through which parents can submit complaints about child care providers, including a link if it is a Web-based process: Parents can submit complaints through the toll-free hotline at 833-778-0204 or online at: https://www.childcare.virginia.gov/families/file-a-complaint. Parents and the public can also submit complaints by contacting the Office of Child Care Health and Safety in their region or by contacting the licensing inspector directly. b. Describe how the parental complaint process ensures broad access to services for families that speak languages other than English: The child care website may be translated online into 103 different languages using Google Translate. Additionally, the lead agency has a contract with Propio Language Services to provide translation services via phone, video conference or in writing. c. Describe how the parental complaint process ensures broad access to services for persons with disabilities: The lead agency conducts a thorough review of all website content to ensure accessibility for individuals with disabilities, including: ensuring the color palate satisfies the contrast requirements of Section 508; utilizing a code framework which provides users the flexibility to increase website font size and the resolution of their display without compromising the readability of the site; ensuring that all imagery includes alt tags to allow screen readers to properly describe such imagery; and utilizing a recommended code base and structure compatible with all currently available browser engines, allowing manufacturers of assisted technology to use the rendering engine best suited for their application. Individuals with visual or auditory disabilities are directed to 2-1-1 Virginia, which offers free, statewide, 24/7 online and telephone assistance. Individuals who have auditory disabilities can also use Virginia Relay, which offers free, statewide, 24/7 support to communicate with standard telephone users. d. For complaints about providers, including CCDF providers and non-CCDF providers, does the Lead Agency have a process and timeline for screening, substantiating, and responding to complaints, including information about whether the process includes monitoring? [x] Yes. If yes, describe: Licensing Inspectors review complaint information and assess the potential for violations of applicable regulations, coordinating with law enforcement and other agencies as appropriate. Complaints are entered within the licensing system within three business days of receipt. The timeline for screening, substantiating and responding to a complaint is dependent upon the perceived risk of the allegation. Complaints alleging serious injury or threat of harm are investigated with a complaint investigation as soon as possible and are initiated within seven calendar days of receipt. Complaints alleging noncompliance of lower risk of harm are initiated within 30 calendar days of receipt. Unannounced complaint investigations gather facts through interviews, observation, and record review. An inspection report summarizes the complaint. A violation notice detailing substantiated areas of noncompliance is prepared and reviewed with the provider. The timeframe for completion of a complaint investigation is as soon as possible but should not exceed sixty calendar days following receipt of the complaint unless there are extenuating circumstances that prevent closure. Findings and corrective actions offered are monitored during subsequent inspections. Complaint procedures for CCDF providers and non CCDF providers are the same. Depending on the type of provider, complaint investigations use requirements in regulation and the Code of Virginia to assess compliance as applicable. For licensed providers, voluntarily registered family day homes and CCDF (licensed and exempt) providers, standards in regulations and the requirements in the Code of Virginia as they apply to the subject of the complaint are assessed. For license exempt providers required to file as an exempt program, requirements in Section 220.1-89.030 of the Code of Virginia will be assessed. Unlicensed providers that are not required to file as exempt would be assessed to determine if the program is subject to licensure or meets requirements to be exempt. If the provider is subject to licensure, the regional Office of Child Care Health and Safety assists the provider with coming into compliance with the Code of Virginia, which may include becoming licensed. [ ] No. e. For substantiated parental complaints, who maintains the record for CCDF and non-CCDF providers? The Office of Child Care Health and Safety maintains the record of all complaint records, substantiated and unsubstantiated, for CCDF and non-CCDF providers. All complaint records are maintained within the licensing system regardless of program type. f. Describe how information about substantiated parental complaints is made available to the public; this information can include the consumer education website discussed in subsection 9.2: Inspections and complaint findings from the last five years for licensed, regulated and CCSP providers are posted on the public website at https://www.childcare.virginia.gov/find-care. Parents can search for providers by name, county or zip code, and then select the appropriate provider to access all inspections and complaint investigations. The page displaying information has a column that indicates if an inspection was complaint related. Additionally, complaint findings for any program type including unlicensed providers can be requested via the Freedom of Information Act (FOIA). The FOIA process is also available on the public website at https://www.childcare.virginia.gov/reports- resources/virginia-freedom-of-information-act-foia.