THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Monday, July 1, 1996 TAG: 9607010023
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY ELIZABETH SIMPSON, STAFF WRITER
LENGTH: 148 lines
The last phase of a 1993 law falls into place today, closing out a long-fought battle to toughen Virginia's day care laws.
Now, the number of children an unlicensed day care provider can keep drops from eight to five, bringing thousands more children into regulated care.
Now that the circle of oversight has widened and the 1993 law is in place, a question remains: Can the state own up to that responsibility?
Already, Virginia is reporting an increase in the number of home day care providers applying for licenses. From January to June 1996, the number of licensed home day-cares went up 33 percent - from 965 homes to 1,283 - after going up 15 percent in all of 1995.
The state's 48 licensing specialists, however, will not increase, not yet anyway. Alfreda Redd, human services program coordinator for the state's Department of Social Services, said some areas, such as Northern Virginia, may receive more licensing specialists if the caseload becomes too great.
But in the state's eastern region, which includes Hampton Roads, the number of staff members who license day care providers has gone down two people from last year - from 13 to 11 - because employees took advantage of an early retirement plan. Those positions have not be filled.
The increase in homes and decrease in inspectors has caused some child care advocates to question how well the job can be done.
``The administration did not include provisions for additional staff to carry out the law,'' said Ben Greenberg, executive director of Action Alliance for Virginia's Youth and Children. ``I think they were hoping they wouldn't have to deal with it.''
That might have been because Del. Stephen H. Martin, R-Chesterfield, proposed a bill in January to kill this last piece of the 1993 legislation.
Why?
``I did it at the request of the department,'' he said. ``They don't have the resources to handle the increase. When inspectors are spread so thin, they can't do as effective a job.''
The bill was defeated. And Martin, a longtime opponent of the stiffer day care laws, says increasing regulation will cause more problems than it will solve. He thinks it could increase the cost of day care for parents, since providers will have a slew of regulations to comply with. It also could reduce the amount of day care, he says, since some providers may opt to cut back on the number of children they keep to avoid getting a license.
And he opposes the regulation for yet another reason: ``By passing this regulation we express a lack of confidence in the parent to make decisions about the well-being of their own children.''
But child care advocates say the new rules will improve quality - the bottom line where children are concerned. Contrary to Martin's opinion, Greenberg says many parents expect child care, no matter the size, to be regulated and safe.
``Parents want the state to establish a level of quality,'' Greenberg said. ``Most parents assume that's the case already.''
One Chesapeake parent, Jan Nielsen, says she believes the process of applying for a license is an education in itself.
``Acknowledging regulations is important,'' said Nielsen, whose day care provider, Marie McFadden, is applying for a license. ``I think it opens your eyes to all the issues involved in children's safety.''
At the same time, Nielsen said she wouldn't let licensing alone give her the peace of mind she needs for her two children, particularly considering the low number of state employees monitoring providers.
``It does give you one more place to go and get information about a provider but I don't think it would be a panacea to make me feel completely safe.''
This last phase of the law follows a long list of other child care facilities that now must be licensed under the 1993 law, including YMCA and Parks and Recreation programs, school-run day-cares, and hospital-sponsored centers.
The 1993 law also gave the Department of Social Services new sanctions against centers that don't comply with regulations. The sanctions include placing a center on probation, reducing a center's maximum capacity and requiring posting of probation status.
Centers that are exempt from regulation because of church affiliation also came under more scrutiny under the 1993 law. Now those centers must have criminal history checks on staff members, an employee trained and certified in first-aid, and comply with other safety measures, such as health screening of children and putting a soft material under playground equipment.
Where family day care providers are concerned, the 1993 law also changed the way children are counted in a home. Previously a provider did not count any relatives. Now only children of the provider and children who reside at their home are excluded in the count.
Kathryn Wolf, director of child care services for The Planning Council, said that agency works with more than 200 day care providers who are voluntarily registered in Hampton Roads. Formerly, those providers didn't keep enough children to get a license, but by today, those keeping six or more children will need one, by law.
Those providers have an option of getting licenses through the state or becoming part of the Child Care Assurance Plan, a family day care system licensed by the state and administered by The Planning Council. The CCAP requirements align with state regulations but are more stringent. Providers in the CCAP system are monitored more frequently, but also receive more support services.
Just going through the process of applying for a license or a family day care system can lead to improvements in child care.
Donna Hartman, who keeps eight children in her south Chesapeake home, said she was complying with most of the state requirements for licensed providers anyway. For instance, her children were already sleeping on cots at nap time. She already had mulch under her swing set and outdoor play equipment. She already was serving the children a portion of fruit, meat, vegetables, bread and milk for lunch.
But she did made a few changes to her home-based business to comply with the 24 pages of state regulations: She posted a fire exit plan. Exchanged the blanket on her changing table for a plastic mat. Posted emergency numbers next to the phone. Put up a list of menus for parents' perusal.
She'll also have to take six hours of training a year to keep up her license. ``If you have the compassion to care for children, then you want what's best for them anyway,'' Hartman said. ``If you feel that way, then you can follow these rules.''
While some home day care providers object to the intrusion by the state, many see it as a one more step toward making the home day care business more professional. McFadden, a member of the Southern Virginia Family Child Care Association, said most of the members of that organization support the regulation. ``Providers are fighting so hard to be seen as professionals. They feel that this is a part of achieving that.''
McFadden, who also runs The Day-Care Connection, a service that links parents with day care, said parents are also becoming more educated about child care options, with many requesting licensed providers. ``They want someone who is either licensed or regulated in some way,'' she said.
To handle the increase, the state began issuing three-year licenses in 1993. Those centers and providers who scored high on an inspection could get a three-year license which meant a licensing specialist only visited that center once during the next three years.
That was done, in part, to put resources where they were most needed.
But providers applying for licenses for the first time will initially receive a conditional license, which requires a visit after six months, and then will receive a one-year license, which means a licensing specialist will need to visit once a year until the provider's record is good enough to get an extended license.
``It will increase the caseload tremendously,'' said Inez Jones, an administrator with the Department of Social Service's eastern regional office. ``You don't go in and just do a quick look. It takes some time to do the study.'' ILLUSTRATION: [Color Photo]
STEVE EARLEY
The Virginian-Pilot
From left, Elizabeth Burruss, Corey Todd and Andrew Hartman play
with Donna Hartman, who provides day care from her south Chesapeake
home.
KEYWORDS: DAY CARE by CNB