The Virginia Department of Social Services does not have authority to immediately shut down a day-care center, but it can seek a court injunction to quickly close the facility if the state determines the health or safety of children is at risk.
The administrative process to close a facility typically takes months, or even longer, if the facility appeals the state's decision to circuit court.
But in an emergency, social-services authorities can seek to have a judge issue an injunction ordering a center to close. That can be done within a week or so.
The agency can also get help from state health or local fire officials, who have the power to immediately close a center that poses a significant risk.
"We don't do that often, but it has happened," said Lynne Williams, the social-services department's division of licensing programs director.
Williams said the most recent case involved an assisted-living home for seniors, although several child-care centers have also been shuttered in the past few years. Details weren't available.
Once social-services investigators recommend that a license be revoked, its licensing staff and day-care center representatives meet in an informal conference. If the center can't dissuade inspectors, Williams, as licensing program director, would decide whether to revoke the license.
The center has 15 days to appeal a revocation. If that occurs, the matter goes before an administrative hearing officer, who makes a recommendation to the social-services commissioner. The commissioner's revocation can be appealed to circuit court.
State law allows the center to remain open until it exhausts its appeals.
Last year, the state revoked two day-care center licenses and refused to renew 10 others.
Social-services officials make unannounced inspections of day-care centers at least twice a year. They can issue a wide range of citations if they find the facility has violated any of the state standards for licensed day-care operations.
The 75 standards range from child and staff records, physical plant requirements, building maintenance, supervision and activities to behavioral guidance, hand washing, toilet procedures and transportation and field trips.
Violations can be as minor as missing paperwork -- one of the more common infractions -- to something as major as a faulty electrical system. Leaving children unattended in day-care vehicles ranks as one of the more serious violations.
"Any time it seriously jeopardizes the health or safety of someone in care, we're going to take a real hard line on that," Williams said.
Contact Mark Bowes at (804) 649-6450 or mbowes@timesdispatch.com.

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