Section 40. Capacity

A. The provider shall ensure that the total number of children receiving care at any one time does not exceed the maximum licensed capacity of the home.

B. When at least one child receives care for compensation, all children, exclusive of the provider's own children and children who reside in the home, who are in the care and supervision of a provider, count in the licensed capacity.

C. The department will establish the home's maximum capacity based on the following factors:

1. The availability of adequate space to allow each child free movement and active play indoors and outdoors as required by 22VAC40-111-380;

2. The provider's responsibility to care for another individual who may require special attention or care, including but not limited to an elderly resident or a child with a serious physical, emotional, or behavioral condition; or

3. The issuance of a special order to limit capacity pursuant to § 63.2-1709.2 of the Code of Virginia.

Historical Notes

Derived from Volume 26, Issue 07, eff. July 1, 2010.

Statutory Authority

§§ 63.2-217, 63.2-1701, and 63.2-1734 of the Code of Virginia.