63.2-1809 - Regulated child day programs to require proof of child identity and age; report to law-enforcement agencies.
§ 63.2-1809. Regulated child day programs to require proof of child identityand age; report to law-enforcement agencies.
A. Upon enrollment of a child in a regulated child day program, such childday program shall require information from the person enrolling the childregarding previous child day care and schools attended by the child. Theregulated child day program shall also require that the person enrolling thechild present the regulated child day program with the proof of the child'sidentity and age. The proof of identity, if reproduced or retained by thechild day program or both, shall be destroyed upon the conclusion of therequisite period of retention. The procedures for the disposal, physicaldestruction or other disposition of the proof of identity containing socialsecurity numbers shall include all reasonable steps to destroy such documentsby (i) shredding, (ii) erasing, or (iii) otherwise modifying the socialsecurity numbers in those records to make them unreadable or indecipherableby any means.
B. For purposes of this section:
"Proof of identity" means a certified copy of a birth certificate or otherreliable proof of the child's identity and age.
"Regulated child day program" is one in which a person or organization hasagreed to assume responsibility for the supervision, protection, andwell-being of a child under the age of 13 for less than a 24-hour period thatis licensed pursuant to § 63.2-1701, voluntarily registered pursuant to §63.2-1704, certified as a preschool or nursery school program pursuant to §63.2-1717, exempted from licensure as a child day center operated by areligious institution pursuant to § 63.2-1716, or approved as a family dayhome by a licensed family day system.
C. If the parent, guardian, or other person enrolling the child in aregulated child day program for longer than two consecutive days or otherpattern of regular attendance does not provide the information required bysubsection A within seven business days of initial attendance, such child dayprogram shall immediately notify the local law-enforcement agency in itsjurisdiction of such failure to provide the requested information.
D. Upon receiving notification of such failure to provide the informationrequired by subsection A, the law-enforcement agency shall, if availableinformation warrants, immediately submit an inquiry to the Missing ChildrenInformation Clearinghouse and, with the assistance of the local department,if available information warrants, conduct the appropriate investigation todetermine whether the child is missing.
E. The Board shall adopt regulations to implement the provisions of this act.
(1998, c. 860, § 63.1-196.002; 2002, c. 747; 2004, c. 450.)