Virginia Statewide Rule

Virginia Family Day Home Licensing Requirements

Heavy RestrictionsApplies statewide across Virginia (2026)

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.

Key Facts

Licensing Trigger: 5 or more unrelated children
Statute: Va. Code 22.1-289.010
Regulator: Va. Dept. of Education
Penalty: Class 1 misdemeanor

Source: Virginia Legislative Information System

Full Breakdown

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.

Violations & Penalties

Operating an unlicensed home with five or more unrelated children is a Class 1 misdemeanor and grounds for immediate closure.

Frequently Asked Questions

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.

Sources

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Full Breakdown

Frequently Asked Questions

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.