Virginia licenses family day homes serving five to twelve children through the Department of Education, while a home caring for four or fewer is exempt. State law makes a home serving five or fewer children a by-right residential use.
A home childcare provider in Norfolk answers first to Virginia, not city zoning. The Virginia Department of Education's Office of Child Care Health and Safety, which took over childcare licensing from the Department of Social Services in 2021, licenses family day homes serving five to twelve children; a provider caring for four or fewer unrelated children is exempt from licensure but may register voluntarily. Licensing brings background checks, health and safety standards, and inspections. Under Va. Code section 15.2-2292, Norfolk must treat a family day home serving five or fewer children as a residential use, so it cannot be zoned out. Larger homes may need a conditional use permit.
Operating an unlicensed family day home above the exemption threshold lets the Virginia Department of Education order it closed and impose penalties; serious health or safety failures can suspend or revoke a license.
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