Virginia Statewide Rule

Virginia Family Day Home Licensing Requirements

Heavy RestrictionsApplies statewide across Virginia (2026)

Virginia requires a state license for family day homes caring for five to twelve unrelated children under Va. Code 22.1-289.02, setting uniform capacity, training, and background-check standards that localities cannot override.

Key Facts

Licensing Trigger: 5 to 12 unrelated children
Statute: Va. Code 22.1-289.02
Regulator: Va. Dept. of Education
Under 5 children: Voluntary registration option

Source: Virginia Legislative Information System

Full Breakdown

Va. Code Section 22.1-289.02 defines a family day home and requires those serving five through twelve children (excluding the provider's own and resident children) to be licensed by the Virginia Department of Education's Office of Child Care Health and Safety. Homes serving fewer than five children may register voluntarily under Section 22.1-289.015. Licensed providers 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.

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?

Caring for fewer than five unrelated children needs no state license. Once you reach five, licensing under Section 22.1-289.02 applies regardless of locality.

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

Cities may require home-occupation zoning approval and a business license but cannot add 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?

Caring for fewer than five unrelated children needs no state license. Once you reach five, licensing under Section 22.1-289.02 applies regardless of locality.

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

Cities may require home-occupation zoning approval and a business license but cannot add child-care safety, ratio, or training rules that conflict with the state license.