Title 34 — Welfare
17 chapters · 206 sections in this title.
34 V.I.C. § 381 Legislative intent and declaration of purpose and policy
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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 i…
34 V.I.C. § 382 Definitions
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(1) 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 individu…
34 V.I.C. § 383 Required license
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(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 churc…
34 V.I.C. § 384 Rules, regulations and standards
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(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 c…
34 V.I.C. § 385 Inspection
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(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 …
34 V.I.C. § 386 Technical assistance and consultation
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(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) T…
34 V.I.C. § 387 Records
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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.
34 V.I.C. § 388 Issuance of license
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(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 applicati…
34 V.I.C. § 389 Provisional license
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(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.
34 V.I.C. § 390 Annual license
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(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 sh…
34 V.I.C. § 391 Certification
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(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, ru…
34 V.I.C. § 392 Suspension
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(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 …
34 V.I.C. § 393 Denial or revocation
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(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) T…
34 V.I.C. § 394 Closure of a facility
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(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 chi…
34 V.I.C. § 395 Injunctive relief
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(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…
34 V.I.C. § 396 Civil penalty
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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 ti…
34 V.I.C. § 397 Criminal penalty
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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.
34 V.I.C. § 398 Prior issued licenses
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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.
34 V.I.C. § 399 Effective date
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This chapter shall take effect thirty days after March 7, 1980.