Virginia Statewide Rule
Virginia Family Day Home Licensing Requirements
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
Summary
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.
B. Every person who constitutes, or who operates or maintains, a child day program or home-based child care system shall obtain the appropriate license from the Superintendent, which may be renewed. The Superintendent, upon request, shall consult with, advise, and assist any person interested in securing and maintaining any such license. Each application for a license shall be made to the Superintendent, in such form as he may prescribe. It shall contain the name and address of the applicant and, if the applicant is an association, partnership, limited liability company, or corporation, the names and addresses of its officers and agents. The application shall also contain a description of the activities proposed to be engaged in and the facilities and services to be employed, together with other pertinent information as the Superintendent may require.
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?
Can my city make me get extra child-care permits beyond the state license?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.