Starting a daycare is a rewarding experience that allows you to enrich the lives of families in your community by providing quality care, support, and education to their children. Before opening a daycare in Virginia, you need to meet the licensing requirements for childcare in the state. 

This article discusses the different types of childcare licenses in Virginia and the steps to take to apply for a license. We also cover important provider requirements and how to remain compliant. 

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Do I need a childcare license in Virginia?

A childcare license is required to operate a childcare facility in Virginia. There are two types of licensed childcare programs in Virginia: center-based programs, known as child day centers, and home-based programs, known as family day homes. 

• Licensed child day centers provide care for two or more children under the age of 13 in a facility that is not the provider’s or children’s residence or for 13 or more children at any location. 
• Licensed family day homes provide care for 5 to 12 children in a provider’s home—not including the provider’s children or children who reside in the home.

Each childcare program has specific licensing requirements that the Virginia Department of Education enforces to ensure your childcare center's activities, services, and facilities support the children's welfare.

The following child day programs do not require a childcare license:

• Programs that are operated by religious institutions
• Programs that ​​operate for less than 20 program days in the course of a calendar year and operate for no more than two consecutive weeks without a break of at least a week
• Certified preschool or nursery school programs that are operated by an accredited private school
• Programs that operate for up to four hours per day, are staffed by local school division employees, and are attended by children who are at least three years old and who are enrolled in a preschool program within the local school division

Childcare licensing requirements in Virginia

The Virginia Department of Education issues childcare licenses that allow a specific person, partnership, association, corporation, limited liability company, or public entity to provide out-of-home care to children. The Department of Education enforces Virginia's childcare licensing requirements to make sure your center's activities, services, and facilities support the welfare of the children in your care.

Licensing requirements vary depending on whether you’re operating a child day center or a family day home. Childcare licenses are non-transferable when a center changes ownership or location, except for the change of location of a family day home.

All individuals affiliated with licensed childcare programs, including staff members, volunteers, applicants for licensure, registration, or approval, agents of applicants for licensure, registration, or approval, and anyone 14 years of age or older who lives in a family day home must complete a background check.

Family day homes

A licensed family day home provides child care in the residence of the provider or the home of any of the children in their care. A family day home is licensed to care for five to twelve children under the age of 13, not including the provider's children and any children who reside in the home when at least one child receives care for compensation.

Required documentation

The following documents need to be uploaded to the Department of Education's Child Care Application Processing System online portal along with the licensure application: 

• A monthly budget
• A zoning form signed by your local zoning official
• Documentation of completed Phase II Pre-Licensure Orientation
• Verification of age for the applicant, assistant(s) and substitute provider(s)
• Documentation of the provider’s education
• Documentation of the provider’s programmatic experience
• Proof of current first aid and CPR certification
• Tuberculosis (TB) test/screening results for all staff and adult household members (completed within the last 30 days)
• Background checks for all staff, household members, and individuals listed in the business entity section of the application (completed within the last 90 days)
• Three letters of reference for all individuals listed in the business entity section of the application (reference letters must not be dated more than 12 months prior to the date of the application). This isn’t required for public agencies
• A credit reference for the business entity. This isn’t required for public agencies
• Documentation of a fictitious name from the Virginia State Corporation Commission (VSCC) if the home will operate under a name other than that of the business entity
• Business entity paperwork such as partnership agreements, association bylaws, or certificates and articles of formation from the VSCC, if applicable

Staff-to-child ratios

Licensed family day homes use a point system to determine the proper staff-to-child ratio. A single staff member shouldn’t exceed 16 points within the system:

• Children from birth through 15 months of age: Four (4) points each
• Children from 16 months through 23 months of age: Three (3) points each
• Children from two years through four years of age: Two (2) points each
• Children from five years through nine years of age: One (1) point each
• Children who are 10 years of age and older: Zero (0) points

A staff member’s children and resident children under eight years of age count in point maximums.

Provider and substitute provider qualifications

Family day home providers and substitute providers must be 18 years old or older, have a high school diploma or equivalent, have current CPR, first aid, and medication administration training (MAT) certification, and complete pre-service and annual training.

Assistant qualifications

Assistants in family day homes must be 16 years old or older. Assistants under 18 years old must be supervised by the provider or substitute provider at all times when working with children. 

Assistants who are at least 18 years old cannot be left alone with children in their care for more than two hours per day. Assistants who are left alone with children in their care must have current CPR and first aid certifications.

An assistant who is 18 years old or older and meets the requirements for a substitute provider may act as the substitute provider when the provider is absent from the home for more than two hours.

Staff training

In addition to first aid and CPR training, staff members need a minimum of 16 clock hours of training annually.

If a family day home has agreed to administer medications, the administration must be performed by a staff member who is licensed by the Commonwealth of Virginia to administer medications or who has completed a training program in medication administration. Staff members must be retrained every three years.

Family day home providers must maintain written documentation of each staff member’s applicable education, programmatic experience, and training. The documentation should include the staff member’s name, the name of the training session, the date and total hours of the training session, and the name of the organization that sponsored the training and the trainer.

Child day centers

A licensed child day center provides child care for 13 or more children at any location or two or more children under the age of 13 years in a facility that isn’t the residence of the provider or any of the children in their care.

Required documentation

Applicants for licensure of a child day center must upload the licensure application and required documentation to the Department of Education's Child Care Application Processing System online portal.

Staff-to-child ratios

Your child day center must maintain appropriate staff-to-child ratios whenever children are in your care.

• Birth to 16 months: One staff member for every four children (1:4)
• 16 months to 24 months: One staff member for every five children (1:5)
• 2 years old: One staff member for every eight children (1:8)
• 3 years old to school-age eligible: One staff member for every 10 children (1:10)

Maximum group size requirements

Your child day center must maintain appropriate maximum group sizes whenever children are in your care.

• Birth to 16 months: 12 children maximum per group
• 16 months to 24 months: 15 children maximum per group
• 2 years old: 24 children maximum per group
• 3 years old to school-age eligible: 30 children maximum per group

When children are in ongoing mixed-age groups, the staff-to-child ratio and maximum group size requirements that apply to the youngest child in the group applies to the entire group.

Program director qualifications

Child day center program directors in Virginia must be at least 21 years old and meet the following educational qualifications and training requirements:

• Have a graduate degree in a child-related field and six months of programmatic experience
• Have a bachelor's degree in a child-related field and one year of programmatic experience
• Have completed one year of programmatic experience and 48 semester hours or 72 quarter hours of college credit from a college or university, including 12 semester hours or 18 quarter hours in child-related subjects
• Have two years of programmatic experience, including one year in a staff supervisory position and at least one of the following:
  • A one-year early childhood certificate (at least 30 semester hours) from a college or university
  • A child development credential
  • A certification of qualification from a Montessori organization
• Program directors who don’t have at least six months of on-the-job training in an administrative position must complete a college course in a business-related field, 10 hours of management training, or a child care management course

Your child day center must have a qualified program director or a qualified backup program director on-site during at least 50% of the center's hours of operation. For centers that offer multiple shifts, a qualified program director or backup director must be on-site for at least 50% of the day shift, at least two hours during the evening shift, and two hours during the night shift. 

Program leader qualifications

Child day center program leaders in Virginia must be at least 18 years old, have a high school diploma or equivalent, and meet one of the following educational qualifications and training requirements:

• Have one of the qualifications of a program director
• Have a bachelor’s degree in a child-related field
• Have three months of programmatic experience and at least one of the following:
  • A one-year early childhood certificate (at least 30 semester hours) from a college or university
  • A child development credential
  • A teaching diploma from a Montessori organization
• Have six months of supervised programmatic experience

A minimum of 12 hours of training in child development, playground safety, health and safety issues, and preventing and reporting child abuse and neglect must be completed six months before beginning work as a program leader or within one month of beginning work as a program leader.

Program aide qualifications

Child day center program aides in Virginia must be at least 16 years old.

Independent contractors and volunteers

Volunteers at child day centers who work with children must be at least 13 years old. Independent contractors and volunteers at child day centers aren’t counted in the staff-to-child ratios unless they meet the qualifications for an applicable staff position. Independent contractors who don’t meet staff qualifications must be supervised by a staff member when around children.

Staff training

Child day center staff members must complete first aid training, CPR training, and health and safety training.

Regardless of the type of daycare center you’re starting, it's also important to carefully consider the name of your daycare center, your business plan, and your marketing strategy to help you reach families in your area most in need of your services.

Once you have officially opened your daycare center, you can use brightwheel's center management tool to simplify the enrollment process, view important information about your children and staff, and easily share documents with families.

Childcare license application in Virginia

Here are step-by-step instructions for applying for a childcare license in Virginia:

Family day home application

Step 1: Review important information

Review the Virginia Department of Education's welcome letter, Regulations for General Procedures, Standards for Family Day Homes, and background check information to determine whether opening a family day home is right for you.  

Step 2: Attend a pre-licensure orientation

Contact the Office of Child Care Health and Safety in your region to sign up for Pre-Licensure Orientation Phase 2 for Licensed Family Day Homes. This is a required orientation where licensing inspectors will focus on the standards for licensed family day homes and answer any of your questions.

Step 3: Contact your local zoning office to determine capacity

Contact your local zoning office to determine the number of children you may request to care for in your home. Written verification of zoning requirements is required as part of the application. 

Step 4: Submit your application

Submit a completed initial application for licensure and the required documentation through the Child Care Application Processing System (CCAPS) online portal.

To ensure timely processing, you must submit a completed application 60 days before your planned opening date. Submission of an incomplete application will delay the review process. If you need assistance, contact the Office of Child Care Health and Safety in your region.

Step 5: Home inspection

Prepare for your home inspection. After your application has been reviewed, a licensing inspector will contact you to schedule an inspection of your home.

Child day center application

Step 1: Review important information

Review the Virginia Department of Education's welcome letter, Regulations for General Procedures, Standards for Licensed Child Day Centers, and background check information to determine whether opening a child day center is right for you.  

Step 2: Attend a pre-licensure orientation

Contact the Office of Child Care Health and Safety in your region to register for the Pre-Licensure Orientation Phase 2 for Licensed Child Day Centers. This is a required orientation where licensing inspectors will focus on the standards for licensed child day centers and answer any of your questions.

Step 3: Submit a functional design plan

Create and submit a functional design plan to the licensing office in your region as soon as your child day center's location is identified.

Step 4: Submit your application

Submit a completed initial application for licensure and the required documentation through the Child Care Application Processing System (CCAPS) online portal.

To ensure timely processing, you must submit a completed application 60 days before your planned opening date. Submitting an incomplete application will delay the review process. If you need assistance, contact the Office of Child Care Health and Safety in your region.

Step 5: Facility inspection

Prepare for your facility inspection. A licensing inspector will contact you to schedule an inspection of your facility.

How to stay compliant with a daycare license in Virginia

Once you have received a childcare license, you must remain compliant with Virginia regulations by completing regular inspections and renewing your license.

Inspection visits

The Virginia Department of Education inspects licensed childcare programs before operating, bi-annually, during program development, and in response to complaints. The bi-annual mandated inspections are unannounced. Licensing inspectors conduct a participant-centered inspection using tools and strategies to help providers understand the extent to which their program complies with Virginia regulations.

There are six basic components of an inspection:

• Entrance conference: Inspectors introduce themselves briefly, explain the inspection process, and ask for any items needed to conduct the inspection.
• Tour: Inspectors walk through the building(s) directly after the entrance conference to observe activities and personal interactions, talk to children and staff, examine the physical space, and check on general health and hygiene issues.
• Interactions and interviews: Inspectors speak to children, parents, and staff members and interview the program director to gather information on compliance with standards, especially concerning care and services to children.
• Observations: Observations begin the moment the inspector drives up to the building. The inspection ends when the inspector leaves the property. Inspectors pay special attention to the interactions between staff and children, the execution of the program’s internal policies and procedures, and the learning and recreational activities observed.
• Documentation review: Inspectors examine child and staff records, standards, and information gathered during interviews and observations.
• Exit meeting: Inspectors review the inspection results with the provider, discuss any disputed findings or comments about the inspection process, provide consultation, and request a plan of correction for any violations found during the inspections.

License renewal

Each childcare license is issued for up to three years. The criteria for determining licensure periods are based on the facility's activities, services, management, and compliance history.

• A three-year license may be issued when a facilityʹs activities, services, and management routinely substantially exceed the minimum standards.
• A two-year license may be issued when a facilityʹs services and management routinely meet and maintain compliance with minimum standards and may exceed on a sustained basis in some areas.
• An annual license may be issued when a facilityʹs activities, services, and management indicate a varying level of compliance, but substantial compliance is reached. Some reinforcement and guidance are needed for the facility to meet or maintain minimum requirements.

A complete renewal application for a licensed child day center includes a renewal application for licensure and a staff information sheet.

A complete renewal application for a licensed family day home includes a renewal application for licensure, contact with your local zoning administrator, and a staff information sheet.

To ensure timely processing, you must submit a completed renewal application to the Office of Child Care Health and Safety in your region at least 60 days before the expiration date of the current license.

Final thoughts

Whether you plan to open a child day center or a family day home, operating a daycare is a big commitment that requires hard work and careful planning. Virginia's childcare licensing process takes time, but acquiring a license for your daycare shows the Virginia Department of Education and the families in your community that you’re trustworthy and committed to providing quality care to the children of Virginia.