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Home Daycare: Fairfax vs Herndon

How do home daycare rules compare between Fairfax, VA and Herndon, VA?

Fairfax and Herndon have similar restriction levels.

Fairfax, VA

Fairfax County

Heavy Restrictions

Virginia requires state licensing for family day homes caring for five or more unrelated children, preempting local rules on capacity, ratios, training, and background checks across all jurisdictions.

View full Fairfax rules β†’

Herndon, VA

Fairfax County

Heavy Restrictions

Virginia requires state licensing for family day homes caring for five or more unrelated children, preempting local rules on capacity, ratios, training, and background checks across all jurisdictions.

View full Herndon rules β†’

Key Facts Comparison

FactFairfaxHerndon
Licensing Trigger5 or more unrelated children5 or more unrelated children
StatuteVa. Code 22.1-289.010Va. Code 22.1-289.010
RegulatorVa. Dept. of EducationVa. Dept. of Education
PenaltyClass 1 misdemeanorClass 1 misdemeanor

Highlighted rows indicate differences between cities.

Fairfax FAQ

Do I need a license to babysit my neighbors' kids in Virginia?

If you care for fewer than five unrelated children, no state license is required. Once you reach five, licensing under Section 22.1-289.010 applies regardless of locality.

Can my city make me get extra child-care permits beyond the state license?

Cities can require home-occupation zoning approval and standard business licenses, but cannot impose additional child-care safety, ratio, or training rules that conflict with the state license.

Herndon FAQ

Do I need a license to babysit my neighbors' kids in Virginia?

If you care for fewer than five unrelated children, no state license is required. Once you reach five, licensing under Section 22.1-289.010 applies regardless of locality.

Can my city make me get extra child-care permits beyond the state license?

Cities can require home-occupation zoning approval and standard business licenses, but cannot impose additional child-care safety, ratio, or training rules that conflict with the state license.

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