LIS

Administrative Code

Virginia Administrative Code
11/21/2024

Part IV. Standards for the Home of the Provider

22VAC40-141-190. Physical accommodations in the independent foster home.

A. The home shall be clean and have sufficient space and furnishings for each child receiving care in the home to include:

1. Space to meet the needs of the foster family in addition to that required for the foster children;

2. Bedrooms which are not used as passageways and which have doors for privacy;

3. Space for each child to keep clothing and other personal belongings;

4. Indoor bathing and toilet facilities in good working order with a door for privacy;

5. At least one toilet, basin, and tub or shower shall be available for every eight persons;

6. A separate, comfortable bed for each child and sufficient bedding to ensure cleanliness and comfort. A crib that meets current Consumer Product Safety Commission standards (16 CFR Parts 1508 and 1509) shall be provided for infants and children not developmentally ready to sleep in a bed. Exception: Two siblings of the same sex may occupy a double bed; and

7. Sleeping space on the first floor for children unable to use stairs unassisted, except children who can easily be carried.

B. All rooms used by children shall be heated to at least 68°F in winter, dry and well-ventilated.

C. A child-safe, mechanical cooling device, e.g., an electric fan or air conditioner, shall be used when the temperature inside the room exceeds 80°F.

D. All doors and windows used for ventilation shall be screened.

E. Rooms used by children shall be well-lighted for activities and the comfort of children.

F. The home shall have a working telephone available to all household members for use in case of emergency.

G. The telephone number shall be provided to:

1. The licensing representative;

2. Parents and legal guardians of children placed in the home; and

3. Children when they are away from the home.

H. No more than four children shall occupy one bedroom.

1. Children of the opposite sex over the age of two shall not share a bedroom.

2. Children shall not share a bed or bedroom with the provider or other adult.

I. There shall be at least three feet between each bed and sufficient space for each child to move about safely.

J. There shall be provision for isolation of sick children.

K. If the licensing representative observes conditions that indicate the need for an inspection by the local health department and makes this request of the provider, the provider shall comply and provide a copy of the report to the department.

L. The provider shall ensure that a smoke-free environment is provided in rooms accessible to children while children are in care.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

22VAC40-141-200. Home safety.

A. The provider shall have a plan for seeking assistance from police, firefighters, poison control, and medical professionals in an emergency.

B. The telephone numbers for police, firefighters, poison control, and medical professionals shall be posted next to each telephone.

C. The home and grounds:

1. Shall be in good physical repair;

2. Shall be free of litter, debris, peeling or chipped paint, hazardous materials, and infestations of rodents and insects; and

3. Shall present no hazard to the health and safety of the children receiving care.

D. The provider shall:

1. Have a written, posted emergency evacuation plan; and

2. Rehearse the plan at least monthly.

E. Within the first 48 hours of a child's placement in the home, the provider shall review the plan with each child who is old enough to understand.

F. If the provider possesses firearms, ammunition, and other weapons, the provider shall keep the firearms unloaded and locked and other weapons locked.

G. Ammunition shall be locked in a separate location.

H. The provider shall keep cleaning supplies and other toxic substances:

1. Stored away from food; and

2. Locked or out of the reach of children under the age of 13.

I. When infants or children who are not developmentally ready to climb or descend stairs are in the home, the provider shall have protective barriers installed securely at each opening to stairways.

J. Swimming and wading pools shall be set up according to the manufacturer's instructions.

K. Outdoor swimming pools shall be enclosed by safety fences and gates with child-resistant locks.

L. Wading pools shall be:

1. Emptied and stored away when not in use; and

2. Filled with clean water before the next use.

M. Radiators, oil and wood burning stoves, floor furnaces, portable electric space heaters, fireplaces, and similar heating devices used in areas accessible to children under the age of 13 shall have protective barriers or screens.

N. All interior and exterior stairways with over three risers shall have hand rails at a height accessible to the children in the home.

O. Independent foster homes that provide care to preschool-age children or to developmentally delayed children of comparable maturity to a preschool child shall have protective, child-resistant covers over all electrical outlets.

P. The covers shall not be of a size to present a swallowing or choking hazard.

Q. The provider shall comply with the requirements for state regulated care facilities relating to smoke detectors and fire extinguishers.

R. Infants shall be placed to sleep on a firm, tight-fitting mattress in a crib that meets current safety standards.

S. To reduce the risk of suffocation, soft bedding of any kind shall not be used under or on top of the infant including, but not limited to, pillows, quilts, comforters, sheepskins, or stuffed toys.

T. Infants shall be placed on their backs when sleeping or napping unless otherwise directed by the child's physician.

U. If an individual child's physician contraindicates placing the child in this position, the provider shall maintain a written statement, signed by the physician, in the child's record.

V. Bunk beds or double decker beds shall have safety rails or mechanisms in place to reduce the risk of falls.

1. Children under age 10 shall not use the upper levels of a double decker or bunk bed.

2. Children of any age who have motor or developmental delays shall not use the upper bunk.

W. Pets shall be immunized for rabies and shall be treated for fleas, ticks, worms or other diseases as needed.

X. Providers shall instruct children on safe and hygienic procedures to follow when handling, feeding or in close proximity to animals.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005; Volume 22, Issue 10, eff. February 22, 2006.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.