2024 CCDF rule update: The U.S. Department of Health and Human Services tightened CCDBG attendance documentation requirements. West Virginia providers receiving subsidy payments must maintain verifiable attendance records. The January 2026 ACF proposed rule may restore state flexibility, but documentation requirements remain in effect during the comment period.
| Licensing agency | West Virginia Department of Human Services — Office of Child Care and Early Education (OCCEE) |
| Regulatory code | WV Code R. 78 CSR 1 (Child Care Center Licensing); WV Code §49-2-107 et seq. |
| Infant ratio (center) | 1:4 (max group: —) |
| Toddler ratio (center) | 1:6 (max group: —) |
| Preschool ratio (center) | 1:8 (max group: —) |
| Subsidy program | Child Care Assistance Program (CCAP) |
| CCDBG payment model | Attendance-based |
| Digital attendance required | Yes — attendance documentation required for subsidy compliance |
West Virginia childcare center: Staff-to-child ratio requirements
West Virginia licensed childcare centers must maintain specific staff-to-child ratios at all times as required by West Virginia Department of Human Services under WV Code R. 78 CSR 1 (Child Care Center Licensing); WV Code §49-2-107 et seq..
| Age group |
Staff:child ratio |
Max group size |
Regulation |
| Infant (0–18 months) |
1:4 |
— |
WV DHHR Child Care Center Licensing Regulations |
| Toddler (18–36 months) |
1:6 |
— |
WV DHHR Child Care Licensing |
| Preschool (3–5 years) |
1:8 |
— |
WV DHHR Child Care Licensing |
Source: WV Code R. 78 CSR 1 (Child Care Center Licensing); WV Code §49-2-107 et seq.. Always verify current ratios directly with WV DHS before making staffing decisions.
West Virginia childcare licensing agency
All childcare programs in West Virginia must be licensed by West Virginia Department of Human Services through the Office of Child Care and Early Education (OCCEE). The agency conducts pre-licensing inspections, issues licenses, and performs ongoing compliance monitoring.
| Agency | West Virginia Department of Human Services |
| Division | Office of Child Care and Early Education (OCCEE) |
| Website | https://dhhr.wv.gov/bcf/services/childcare |
| Regulatory code | WV Code R. 78 CSR 1 (Child Care Center Licensing); WV Code §49-2-107 et seq. |
| Last verified | March 2026 |
What changed for West Virginia childcare providers in 2024–2026
2024
HHS CCDF final rule — attendance documentation tightened. The U.S. Department of Health and Human Services issued a final rule requiring all states to tighten CCDBG attendance tracking. West Virginia providers receiving subsidy payments must maintain verifiable, date-stamped attendance records for each subsidized child.
Jan 2026
ACF proposed rule — state flexibility may be restored. The Administration for Children and Families published a Notice of Proposed Rulemaking (NPRM) that would allow states to choose between enrollment-based and attendance-based payment models. The rule was in the public comment period as of early 2026. Check
acf.hhs.gov for the latest status.
West Virginia CCDBG / subsidy compliance requirements
West Virginia’s Child Care and Development Fund (CCDF) subsidy program — Child Care Assistance Program (CCAP) — is administered by WV Dept of Human Services (DHS). Providers accepting subsidy-funded children must meet attendance documentation requirements to receive reimbursement.
| Program name | Child Care Assistance Program (CCAP) |
| Administering agency | WV Dept of Human Services (DHS) |
| Payment model | Attendance-based — providers paid based on actual days attended |
| Digital attendance required | Yes — attendance documentation required for subsidy compliance |
| Absence policy | Verify from WV DHS — typically 30 absence days |
West Virginia historically paid providers based on actual attendance. The 2024 CCDF rule required transition to enrollment-based payment; West Virginia requested a waiver. Jan 2026 ACF NPRM proposes restoring state flexibility. Digital attendance records remain essential for audit compliance under either model.
Brightwheel helps West Virginia providers stay compliant.
Digital attendance tracking, parent sign-in/sign-out, and subsidy billing — built for West Virginia childcare programs navigating the 2024 CCDF rule change.
Digital attendance logs
Timestamped check-in/out records satisfy WV documentation requirements and create an audit-ready trail.
Subsidy billing
Invoice Child Care Assistance Program (CCAP) and private-pay families from one platform — no dual systems needed.
Parent sign-in/sign-out
PIN-based parent check-in creates a verifiable attendance record for every drop-off and pickup.
See how brightwheel automates compliance for West Virginia providers →
Frequently asked questions: West Virginia childcare licensing
Does West Virginia require a license to operate a childcare center?
Yes — West Virginia requires all childcare centers serving children in a group setting to be licensed by West Virginia Department of Human Services (WV DHS). Licensing ensures programs meet minimum standards for staff-to-child ratios, director qualifications, facility safety, and health requirements. Operating without a license is prohibited and may result in fines or closure.
What are the staff-to-child ratios for childcare centers in West Virginia?
West Virginia licensed childcare centers must maintain the following minimum ratios: infants (under 18 months): 1:4; toddlers (18–36 months): 1:6; preschool age (3–5 years): 1:8 These ratios are set under WV Code R. 78 CSR 1 (Child Care Center Licensing); WV Code §49-2-107 et seq.. Always verify current requirements with WV DHS.
How does West Virginia handle CCDBG subsidy attendance documentation?
West Virginia’s subsidy program is administered through Child Care Assistance Program (CCAP) under WV Dept of Human Services (DHS). Attendance-based — providers paid based on actual days attended. West Virginia historically paid providers based on actual attendance. The 2024 CCDF rule required transition to enrollment-based payment; West Virginia requested a waiver. Jan 2026 ACF NPRM proposes restoring state flexibility. Digital attendance records remain essential for audit compliance under either model.
What agency licenses childcare in West Virginia?
Childcare programs in West Virginia are licensed by West Virginia Department of Human Services — Office of Child Care and Early Education (OCCEE). The regulatory framework is WV Code R. 78 CSR 1 (Child Care Center Licensing); WV Code §49-2-107 et seq.. Visit https://dhhr.wv.gov/bcf/services/childcare for official licensing applications, regulations, and contacts.
How long does it take to get a childcare license in West Virginia?
The timeline to obtain a childcare center license in West Virginia typically ranges from 2–6 months depending on application completeness, background check processing, and scheduling of the required pre-licensing inspection. Applicants should contact West Virginia Department of Human Services early in the planning process. Programs may not operate until the license is issued.
Does the 2024 HHS rule change affect West Virginia childcare providers?
Yes — the 2024 CCDF final rule from the U.S. Department of Health and Human Services tightened attendance documentation requirements for all states receiving CCDBG funding, including West Virginia. West Virginia providers receiving CCAP/subsidy payments must maintain accurate, verifiable attendance records. The January 2026 ACF proposed rule may restore some state flexibility, but documentation requirements remain in effect while the rule is under review.
County-specific childcare requirements in West Virginia
Childcare licensing in West Virginia is set at the state level — the same standards apply statewide. However, local requirements vary by county for zoning approvals, conditional use permits, fire safety inspections, health permits, and business licenses. Below are compliance guides for West Virginia’s 3 largest counties by population.
Sources & references
This page was compiled from official government sources. Always verify current requirements directly with West Virginia Department of Human Services before making licensing or compliance decisions.
Disclaimer: This page is for informational purposes only and should not be construed as legal or compliance advice. Childcare licensing requirements change frequently. Always verify current requirements directly with West Virginia Department of Human Services at
https://dhhr.wv.gov/bcf/services/childcare before making compliance decisions. Last verified: April 2026.
