RICHMOND, Va. — SwimRVA was required to obtain a license to operate a "child day program" from the Virginia Department of Education’s Superintendent but it did not, according to an email from a VDOE spokesperson.
That means SwimRVA was operating an unlicensed child day program when 9-year-old King Overton drowned at a swim camp at its North location in June.
A “child day program” is a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a 24-hour period.
As CBS 6 previously reported, VDOE had been investigating if SwimRVA met any of the criteria that would have exempted them from having to be licensed under the Code of Virginia.
“Following a thorough investigation, the Virginia Department of Education’s Office of Child Care Health and Safety determined that SwimRVA has been operating an unlicensed child day program that does not meet an exemption to licensure outlined in the Code of Virginia section § 22.1-289.030. The VDOE issued a formal notice of findings to SwimRVA, directing them to submit a plan of compliance by July 27, and requiring them to achieve full compliance or cease operations by August 14, 2026,” a VDOE spokesperson said in an email.
CBS 6 asked VDOE if SwimRVA will face any penalties, to include fines, for running an unlicensed program that should have been licensed, and we are waiting to hear back.
We also asked the Executive Director of SwimRVA, Adam Kennedy, why SwimRVA was operating a child day program that should have been licensed but was not, and received the below response:
"SwimRVA is grateful to the Virginia Department of Education (VDOE) for the time and collaboration given to reviewing our summer camp program licensing exemption status. Consistent with the VDOE’s request, SwimRVA will submit an exemption compliance plan within five business days. While we disagree with the finding that our summer program has not historically met the definition of a single focus camp, we will submit a plan which reflects sufficient time dedicated to swimming and related swimming activities outside the pool. This compliance plan will allow us to meet the VDOE’s interpretation of a single focus program. We are also pleased our camps will remain in operation during this process. SwimRVA remains dedicated to our mission to make water safety and aquatic fitness accessible for all."
CBS 6 asked Henrico Commonwealth’s Attorney Shannon Taylor if operating an unlicensed day program is a crime. We are waiting to hear back from Taylor.
This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.
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