It is the legislative intent to protect the health, safety and well-being of the children of the Territory who attend child day care facilities. Toward that end, it is the purpose of this chapter to establish Territory minimum standards for the safety and protection of children in child day care facilities, to insure maintenance of […]
As used in this chapter: (1) “Department” means the Department of Human Services. (2) “Child” means an individual under 18 years of age. (3) “Person” includes an individual, a public or private agency, an association, or a corporation. (4) “Child care operator” means any individual, ultimately responsible for the overall operation of a child day […]
(a) No person may operate a child day care facility for three or more unrelated children unless he holds a valid license issued by the Department of Human Services. (b) This section does not apply to: (1) state-operated facilities; (2) facilities operated in connection with a church, where children are cared for during short periods […]
(a) The Department shall promulgate reasonable rules and regulations to carry out the provisions of this chapter. (b) The Department shall promulgate minimum standards for child day care facilities covered by this chapter which will: (1) promote the health, safety and welfare of children attending any facility; (2) promote safe, comfortable, and healthy physical facilities […]
(a) An authorized representative of the Department may visit a child day care facility during the hours of operation for purpose of investigation, inspection, and evaluation. (b) The Department shall inspect all facilities licensed or certified by the Department at least twice a year and may inspect other facilities as necessary. At least one of […]
(a) The Department shall offer technical assistance to potential applicants, applicants, licensees, and holders of certification in meeting and maintaining standards for licensing and certification and achieving programs of excellence related to the care of children served. (b) The Department shall offer consultation to prospective and actual users of the facilities to assist in improving […]
All persons operating a licensed or certified child day care facility shall maintain individual child development records, individual health records, statistical records, and complete financial records.
(a) A person desiring to operate a child day care facility shall apply in writing to the Department for a license. (b) The Department shall supply the applicant with the appropriate application forms and a copy of the appropriate minimum standards. (c) On receipt of the application, the Department shall conduct an investigation of the […]
(a) The Department may issue a provisional license to a facility whose plans meet the Department requirements but which is (1) not currently operating, or (2) changing ownership. (b) A provisional license is valid for six months from the date of issuance and is non-renewable.
(a) An annual license will be issued if the Department determines that the facility meets all requirements on a continuing basis. The evaluation shall be based on a specified number of visits to the facility and a review of all required forms and records. (b) An annual license shall be valid for one year.
(a) Child care facilities operated by the Territory are exempt from the licensing requirements of this chapter, but Territory-operated facilities must receive certification of approval from the Department. (b) To be certified, the facilities must meet all Department standards, rules and regulations, and provisions of this chapter that apply to licensed facilities of the same […]
(a) If a facility has temporarily suspended operations but has definite plans for renewing operations within the time limits of the issued license, the Department may suspend the license. (b) If the Department finds repeated non-compliance with standards that do not endanger the health or safety of the children the Department has the option of […]
(a) If the Department finds that a facility does not comply with the provisions of this chapter, the Department standards, Department rules and regulations, or the specific terms of a license or certification, it must deny or revoke the license or certification of approval. (b) The Department must notify the person operating or proposing to […]
(a) If the Department finds any violation of this chapter or the Department’s minimum standards or rules and regulations by a facility other than a Territory-operated facility that places the children in the facility in immediate peril, it may close the facility and place the children attending the facility in another facility. (b) A Department […]
(a) Whenever it appears that a person has violated or is violating or threatening to violate any provision of this chapter or of any rule, regulation, or standard of the Department, the Department may cause a civil suit to be instituted in the Superior Court of the Virgin Islands for injunctive relief, including temporary restraining […]
Any person who violates any provision of this chapter or rule, regulation, or standard of the Department which threatens serious harm to the children in the facility, or who violates any provision of this chapter or rule, regulation, or standard of the Department three or more times within a period of a year, or who […]
A person operating a child day care facility without a license or placing a public advertisement for an unlicensed facility is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 and imprisonment not to exceed three months, or both.
Licenses issued before the effective date of this chapter remain valid for a period not to exceed one year from the effective date of this chapter.
This chapter shall take effect thirty days after March 7, 1980.
