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.
Va. Code Section 22.1-289.010 et seq. mandates that family day homes serving five through twelve children (excluding the provider's own) obtain a license from the Virginia Department of Education's Division of Child Care Health and Safety. Operators must complete pre-service training, fingerprint-based background checks, CPR certification, and home inspections. Localities may apply zoning and home-occupation rules but cannot impose conflicting child-care safety requirements; state law sets the floor and ceiling for licensing-related operational standards.
Operating an unlicensed home with five or more unrelated children is a Class 1 misdemeanor and grounds for immediate closure.
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Herndon, VA
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