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Religiously Exempt Child Day Centers

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Code of Virginia § 22.1-289.031 exempts from licensure a child day center operated or conducted under the auspices of a religious institution if the religious institution meets certain requirements and files certain documentation with the Virginia Department of Education (VDOE) prior to opening and annually thereafter.

The VDOE Office of Child Care Health and Safety will conduct inspections to monitor the RECDC's compliance with Code requirements, investigate complaints of alleged noncompliance with Code requirements, and, if a program participates in subsidy, monitor compliance with subsidy health and safety inspection requirements. Initial and annual filings for religious institutions involve filing a statement of intent and the documents listed below:

  • Certification that the center has disclosed to parents or guardians in writing that the center is exempt from licensure, and has posted such information in a visible location on the premises (see model disclosure form);
  • Certification that employees meet the required professional qualifications and are in good health required to provide care for children (see model form for staff health report);
  • Evidence of tax-exempt status under § 501(c) of the Internal Revenue Code of 1954, as amended, or that the real property owned and exclusively occupied by the religious institution is exempt from local taxation;
  • Local health department and fire marshal inspection results;
  • Certification that the center meets certain staff-child ratio requirements (model form); and
  • Certification that the center is aware of and will abide by the basic health and safety requirements in § 22.1-289.031.

How to File for Initial Exemption

  1. Review the following:

  2. Complete a statement of intent, and submit the completed statement and all required attachments through the online portal. When using the online portal, programs should select "Religious Exempt Child Day Center" as the provider type and "initial application" as the interaction purpose. Refer to this quick reference guide for step-by-step instructions on using the online portal.  If you are unable to access the online portal or encounter difficulties using the online portal, please contact the Office of Child Care Health and Safety in your region.

    The following listed documents are required attachments for an initial filing for exemption, and will need to be uploaded in the online portal when submitting your initial filing. Model forms are provided below, if available.

    • Evidence that the religious institution has tax exempt status as a nonprofit religious institution in accordance with § 501(c) of the Internal Revenue Code of 1954, as amended, or that the real property owned and exclusively occupied by the religious institution is exempt from local taxation.
    • Certificate of use and occupancy
    • Environmental health inspection, and if applicable a food establishment inspection (completed within the last 90 days)
    • Fire inspection (completed within the last 90 days)
    • Staff-Child Ratio Information Sheet
    • Staff Health Report for each staff
    • Public Disclosure Statement or other proof that the following aspects of the child day center's operations are described in a written statement to the parents or guardians of the children in the center and made available to the public: physical facilities, enrollment capacity, food services, health requirements for the staff and public liability insurance
    • Proof that a person trained and certified in first aid and cardiopulmonary resuscitation (CPR) will be present at the child day center whenever children are present or at any other location in which children attending the child day center are present
  3. You will also need to comply with all background investigation requirements. Original background checks must be maintained on site at the facility for inspection.

  4. VDOE recommends submitting your completed filing 30 to 60 days prior to your planned opening date. If you need help completing your filing or have questions related to the requirements, contact the Office of Child Care Health and Safety in your region.

How to Submit an Annual Filing for an Existing Exemption

Religious institutions must complete and submit a statement of intent on an annual basis prior to expiration of the exemption. The statement of intent and required attachments shall be submitted through the online portal. When using the online portal, programs should select "Religious Exempt Child Day Center" as the provider type and "renewal application" as the interaction purpose. Refer to this quick reference guide for step-by-step instructions on using the online portal.  If you are unable to access the online portal, encounter difficulties using the online portal, or have questions regarding the annual filing  process, please contact your assigned licensing representative. 

Model Forms