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West Virginia Statewide Rule

West Virginia Family Child Care Home Licensing Standards

Heavy RestrictionsApplies statewide across West Virginia (2026)

Key Facts

Definitions
W. Va. Code §49-1-206
Informal home
Three or fewer children
Registered home
Four to six children
Licensed facility
Seven to twelve children
Regulator
WV Dept. of Human Services
Last verified: September 5, 2026Source: West Virginia Legislature

Summary

West Virginia licenses in-home child care by size: an informal home cares for three or fewer children, a registered family child care home for four to six children, and a licensed family child care facility for seven to twelve, under W. Va. Code Chapter 49.

(c) Any family day-care facility which operates in this state, including family day-care facilities approved by the department for receipt of funding, shall obtain a statement of certification from the department. (d) Every family day-care home which operates in this state, including family day-care homes approved by the department for receipt of funding, shall obtain a certificate of registration from the department. The facilities and placing agencies shall maintain the same standards of care applicable to licensed facilities, centers, or placing agencies of the same category.

Source: West Virginia LegislatureView official code

Full Breakdown

West Virginia scales its in-home child care rules to the number of children (definitions at W. Va. Code §49-1-206). An informal family child care home serves three or fewer children and may register voluntarily. A family child care home serves four to six children and must obtain a certificate of registration. A family child care facility serves seven to twelve children and must be licensed. The Department of Human Services enforces background checks, training, and safety standards statewide. Zoning may regulate location and traffic but generally cannot ban state-approved family child care from residential districts or impose stricter health-and-safety standards.

Violations & Penalties

Operating without the required registration or license triggers cease-and-desist orders, civil penalties, and possible prosecution for endangering children.

Frequently Asked Questions

Can I watch my neighbor's children without a state credential?
Care for three or fewer children may register voluntarily, but a family child care home serving four to six children must obtain a certificate of registration under West Virginia law.
Can my city ban home daycares entirely?
Zoning may restrict location and parking, but courts generally protect state-approved family child care homes from outright municipal bans in residential districts.

Sources

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