1. A. Caregivers shall provide a child with special needs with the care and activities recommended in writing by a physician, psychologist, or other professional who has evaluated or treated the child.

2. B. The written recommendation shall:

   1. 1. Include instructions for any special treatment, diet, or restrictions in activities that are necessary for the health of the child; and
   2. 2. Be maintained in the child's record.
3. C. The provider shall ensure the environment is appropriate for the child based on the plan of care and shall instruct other caregivers in the proper techniques of care.
4. D. A caregiver shall perform only those procedures and treatments for which he has the necessary training, experience, credentials, or license to perform.
5. E. Staffing shall be appropriate and adequate to meet the specific physical and developmental needs of a child with special needs in care.
6. F. The provider and the parent of the child with special needs shall mutually determine a recommendation for the level of staffing necessary to care for and supervise the child based on the child's chronological and functional age and degree of disability.
7. G. Within 30 days of the child's enrollment, the provider shall provide the department's representative a written recommendation for the level of staffing necessary to care for and supervise the child.
8. H. The department shall make the final decision regarding level of staffing or any capacity limitations necessary to care for, supervise, and protect all children in care when a child with special needs is receiving care.
9. I. The parent, provider, and department's representative shall review the staffing requirements annually.
10. J. A separate area shall be provided for the purpose of privacy for diapering, dressing, and other personal care procedures for a child above age three with special needs who requires assistance in these activities.

Statutory Authority

§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.

Historical Notes

Former 22VAC40-111-620 derived from Virginia Register Volume 26, Issue 7, eff. July 1, 2010; renumbered, Virginia Register Volume 37, Issue 24, eff. July 1, 2021.