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Home Daycare: Herndon vs Vienna

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

Herndon and Vienna have similar restriction levels.

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†’

Vienna, 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 Vienna rules β†’

Key Facts Comparison

FactHerndonVienna
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.

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.

Vienna 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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