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Home Daycare License Requirements in Virginia (2026)

Opening a home daycare in Virginia means getting a family child care home license from the Virginia Department of Education (VDOE), Office of Child Care Health and Safety / Child Care Licensing. Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.

Who needs a license — home types in Virginia

A "family day home" — since 2026-07-01 called "home-based child care" in the Code of Virginia — is a child day program run out of a residence. The two governing definitions do not read identically, and both matter. THE REGULATION. 8VAC20-800-10: "'Family day home' means a child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. A family day home serving five through 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. A family day home caring for more than four children under the age of two years, including the provider's own children and any children who reside in the home, shall be licensed or voluntarily registered. A family day home where the children in care are all related to the provider by blood or marriage shall not be required to be licensed." THE STATUTE, AS AMENDED. Va. Code § 22.1-289.02: "'Home-based child care' means a child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation.

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

How many children you can care for in Virginia

TWELVE CHILDREN IS THE STATUTORY CEILING; THE NUMBER ON YOUR LICENCE WILL USUALLY BE LOWER, AND IT IS SET BY THREE DIFFERENT AUTHORITIES. THE CEILING. The definition itself caps the program: home-based child care is offered "for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home" (Va. Code § 22.1-289.02; identically 8VAC20-800-10 and 8VAC20-821-10). Above 12 children at any location the program is a child day center by definition — 8VAC20-821-10: "'Child day center' means a child day program offered to (i) two or more children 13 years of age or younger in a facility that is not the residence of the provider or any of the children in care or (ii) 13 or more children at any location." The current VDOE application form states the ceiling on its own face: the field reads "Requested Capacity (number of children for which you are requesting licensure /may not exceed 12)" and the adjacent field reads "Maximum age (12 years maximum)." WHAT COUNTS TOWARD THAT NUMBER. 8VAC20-800-40 A and B: "A. The provider shall ensure that the total number of children receiving care at any one time does not exceed the maximum licensed capacity of the home. B. When at least one child receives care for compensation, all children, exclusive of the provider's own children and children who reside in the home, who are in the care and supervision of a provider, count in the licensed capacity."

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Adult-to-child ratios

VIRGINIA DOES NOT PUBLISH A STAFF-TO-CHILD RATIO TABLE FOR HOMES. IT PUBLISHES A POINT SYSTEM, AND THE POINT SYSTEM COUNTS SOME OF THE PROVIDER'S OWN CHILDREN. THE OPERATIVE RULE, QUOTED IN FULL. 8VAC20-800-570, "Determining need for additional caregiver": "A. The provider shall ensure that a caregiver does not exceed 16 points by using the following point system to determine if an additional caregiver is needed: 1. Children from birth through 15 months of age count as four points each; 2. Children from 16 months through 23 months of age count as three points each; 3. Children from two through four years of age count as two points each; 4. Children from five years through nine years of age count as one point each; and 5. Children who are 10 years of age and older count as zero points. B. A caregiver's own children and resident children under eight years of age count in point maximums." SUBSECTION B IS THE TRAP, AND THE PRIOR ENTRY MISSED IT COMPLETELY. The prior entry reproduced the point table correctly and then stopped. It never mentioned 8VAC20-800-570 B. That omission inverts the practical effect of the rule for a large share of Virginia providers, because Virginia uses two OPPOSITE counting conventions in two adjacent sections: - 8VAC20-800-40 B, LICENSED CAPACITY: the provider's own children and children who reside in the home are EXCLUDED. - 8VAC20-800-570 B, STAFFING POINTS: the caregiver's own children and resident children UNDER EIGHT YEARS OF AGE are INCLUDED.

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Training you must complete before licensure

FOUR DISTINCT PRE-SERVICE OBLIGATIONS, IN TWO DIFFERENT CHAPTERS PLUS THE AGENCY'S PROCESS. Virginia does not gather them in one place, and the prior entry found only two of them. (1) THE PROVIDER'S AND SUBSTITUTE PROVIDER'S PERSONAL QUALIFICATIONS — 8VAC20-800-140, quoted in full: "A. Providers and substitute providers shall be 18 years of age or older. B. Providers licensed after and substitute providers employed after June 30, 2010, shall have: 1. (i) A high school program completion or the equivalent or (ii) evidence of having met the requirements for admission to an accredited college or university; 2. Three months of programmatic experience; 3. Current certification in cardiopulmonary resuscitation (CPR), as appropriate to the age of the children in care, from the American Red Cross, American Heart Association, American Safety and Health Institute, or the National Safety Council, or current CPR certification issued within the past two years by a community college, a hospital, a rescue squad, or a fire department; and 4. Current certification in first aid from the American Red Cross, American Heart Association, American Safety and Health Institute, or the National Safety Council, or current first aid certification issued within the past three years by a community college, a hospital, a rescue squad, or a fire department.

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Ongoing (annual) training

SIXTEEN CLOCK HOURS A YEAR, FOR EVERY CAREGIVER, ON TOP OF CPR AND FIRST AID. THE RULE, QUOTED IN FULL. 8VAC20-800-210: "A. In addition to satisfactory completion of first aid training and CPR training, caregivers shall obtain a minimum of sixteen clock hours of training annually in areas relevant to their job responsibilities. B. The annual training shall cover areas such as, but not limited to: 1. Physical, intellectual, social, and emotional child development; 2. Behavior management and discipline techniques; 3. Health and safety in the family day home environment; 4. Art and music activities for children; 5. Child nutrition; 6. Recognition and prevention of child abuse and neglect; 7. Emergency preparedness as required by 8VAC20-800-800 C; or 8. Recognition and prevention of the spread of communicable diseases." Five things worth pulling out of that short section. (1) "CAREGIVERS," not "providers." By the definition at 8VAC20-800-10 the word covers "the provider, substitute provider, and assistant." The 16 hours therefore attach to a 16-year-old assistant and to a substitute provider who works a handful of days a year exactly as they attach to the licensee.

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Background checks

THE CHAPTER THE PRIOR ENTRY POINTED AT NO LONGER EXISTS. The prior entry said background checks are "governed by 8VAC20-770 and the Code of Virginia § 22.1-289.035, § 22.1-289.034 and § 22.1-289.039," and hedged that "8VAC20-770 was reorganized/partly repealed in a 2026 rulemaking." Read on 2026-08-25, 8VAC20-770 is repealed in its entirety — all fifteen sections, 8VAC20-770-10 through 8VAC20-770-150, each now printing "(Repealed.)" over the Historical Note "Derived from Virginia Register Volume 37, Issue 24, eff. July 1, 2021; repealed, Virginia Register Volume 42, Issue 20, eff. June 17, 2026." The Agency 20 table of contents lists it as "Chapter 770 Background Checks for Child Day Programs and Family Day Systems [Repealed]". The live regulatory text is PART V OF 8VAC20-821 (sections 8VAC20-821-160 through 8VAC20-821-230), effective 2026-02-01, sitting on top of ARTICLE 5 OF CHAPTER 14.1 OF TITLE 22.1 of the Code (§§ 22.1-289.034 through 22.1-289.041). Anyone still working from 8VAC20-770 section numbers is working from a dead chapter. WHAT A "BACKGROUND CHECK" IS, BY DEFINITION. 8VAC20-821-10: "'Background check' means (i) a sworn statement or affirmation; (ii) a fingerprint-based national criminal background check; (iii) a Virginia child protective services central registry check; and (iv) a check of the child abuse and neglect registry, criminal history record report, and sex offender registry for any state an individual has resided in within the past five years."

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

The application, step by step

Work through these in order — the prep packet turns them into a checklist you can tick off:

1. STEP 0 - ESTABLISH WHICH OF THE FIVE VIRGINIA REGIMES YOU ARE IN, BECAUSE FOUR OF THEM ARE NOT THIS ONE. A state licence is required where 'five through 12 children' are served, 'exclusive of the provider's own children and any children who reside in the home' (Va. Code § 22.1-289.02; 8VAC20-800-10). A licence OR voluntary registration is required where 'no more than four children under the age of two shall be served ... INCLUDING the provider's own children and any children who reside in the home' is breached (§ 22.1-289.02) - note the opposite counting convention. Voluntary registration under § 22.1-289.015 and 8VAC20-850 covers 'fewer than five children' and is unavailable if you live…
2. STEP 1 - PHASE I PRE-APPLICATION TRAINING (OPTIONAL BUT SENSIBLE). VDOE: 'Complete the Phase I: Pre-Application Training for Licensed Home-Based Child Care. This training provides information about the initial application process and important points of consideration prior to applying for licensure. The training is highly recommended.' It is a self-serve document on the VDOE site. Recommended, not required - do not let a checklist tell you otherwise.
3. STEP 2 - READ THE FOUR TEXTS VDOE TELLS YOU TO READ. VDOE's step 2 lists: the Welcome letter; 'General Procedures for the Licensure of Child Day Programs and Family Day Systems and Background Checks' (8VAC20-821); 'Standards for Licensed Family Day Homes' (8VAC20-800, also published in Spanish as 'Normas Para Centros De Cuidado Infantil Familiar Diurno Con Licencia'); the background-check information page; and the Code of Virginia extract. WARNING: 8VAC20-800 still directs you to two chapters that were repealed on 2026-06-17 - 8VAC20-770 (background checks) at 8VAC20-800-30 D, -120 B 8, -120 D 1, -130 subdivision 5 and -160 subdivision 3, and 8VAC20-820 (general procedures) at…
4. STEP 3 - PHASE II PRE-LICENSURE ORIENTATION (MANDATORY). This is a qualification for licensure, not a courtesy. 8VAC20-821-40 C 6: 'The applicant shall have completed a prelicensure orientation offered through or approved by the superintendent that focuses on health and safety standards, application processes, background check requirements, and general licensure requirements,' with a discretionary waiver by the superintendent and a one-time-only rule for applicants who have taken it before and 'have not been subject to a license denial or revocation.' VDOE: 'Contact the Office of Child Care Health and Safety in your region to sign up for Pre-Licensure Orientation for Licensed Home-Based…
5. STEP 4 - GET YOUR NUMBER FROM THE ZONING OFFICE BEFORE YOU ASK VDOE FOR IT. VDOE: 'Contact your local zoning office to determine the number of children you may request to care for in your home. Note: Written verification of zoning requirements is required as part of the application.' The application's required attachment 2 reads 'Zoning form signed by the zoning official (see VDOE website) - Each county has different requirements in determining the capacity of the home-based child care.' VDOE publishes the model form as 'Contact with Local Zoning Administrator' / 'Contact with Zoning Administrator'. Many Virginia localities handle homes above a small threshold by special use permit; at…
6. STEP 5 - RUN EVERY BACKGROUND CHECK, FOR EVERY REQUIRED PERSON, ON THE RIGHT CLOCKS. Va. Code § 22.1-289.036 A covers the applicant, the applicant's agents, and every ADULT LIVING IN THE HOME; § 22.1-289.035 A covers every applicant for employment, employee, applicant to volunteer and volunteer; 8VAC20-821-170 B covers 'Any person 14 years of age or older living in the home' with a Virginia central registry check requested 'within seven days.' Four components: sworn statement or affirmation, fingerprint-based national check (VSP/FBI via Fieldprint), Virginia child protective services central registry check, and - if the person lived out of state in the past five years - that state's…
7. STEP 6 - GET THE TB SCREENING DONE INSIDE THE 30-DAY WINDOW. 8VAC20-800-170: a 'current Report of Tuberculosis Screening form published by the Virginia Department of Health or a form consistent with it' for 'each caregiver at the time of hire and each adult household member prior to coming into contact with children'; 'The form shall have been completed within the last 30 days and be signed by a physician, physicians' designee, or an official of the local health department.' VDOE's checklist: 'Tuberculosis (TB) Test/Screening results for all caregivers and adult household members (completed within the last 30 days).' Because the window is 30 days and the application takes longer, sequence…
8. STEP 7 - ASSEMBLE THE QUALIFICATION EVIDENCE FOR YOURSELF AND YOUR STAFF. Per 8VAC20-800-140 and the application's attachment list: verification of age for the applicant, assistants and substitute providers; documentation of the provider's educational qualifications ('The provider must have at least high school completion or equivalent'); documentation of the provider's programmatic experience ('The provider must have at least 3 months of programmatic experience'); and 'First Aid and CPR certification - The provider must hold current certification in first aid and CPR as appropriate to the age of the children in care.' Remember the RN/LPN exception is to FIRST AID ONLY.
9. STEP 8 - SATISFY THE FINANCIAL-RESPONSIBILITY TEST WITH A BUDGET AND A CREDIT REFERENCE. 8VAC20-821-40 C 5: 'The applicant shall demonstrate financial responsibility.' Va. Code § 22.1-289.013 explains the mechanics and the trade: 'upon receipt of the initial application, an investigation of the applicant's financial responsibility. The FINANCIAL RECORDS OF AN APPLICANT SHALL NOT BE SUBJECT TO INSPECTION IF the applicant submits an operating budget and at least one credit reference.' The application accordingly requires an 'Annual operating budget (see VDOE website)' - 'Applicants may submit their own budget or one from their accountant as along as the budget contains information similar to…
10. STEP 9 - COLLECT THREE CHARACTER REFERENCES THAT MEET VIRGINIA'S SPECIFIC RULES. Application: 'Three Reference Letters - These are required for all individuals listed in the section for Type of Business Entity under Identifying Information. Reference letters must be dated no more than 12 months prior to the date of this application from three persons who are not related to the individual by blood or marriage who have known him/her for at least one month, and who can attest to his/her character and reputation. This is not required for public agencies or existing licensees.' The rule tracks 8VAC20-800-10's definition of good character and reputation, which excludes 'Relatives by blood or…
11. STEP 10 - PICK YOUR BUSINESS ENTITY AND FILE THE MATCHING PAGE. The application's Part 2 offers eight entity types - Individual/Sole Proprietor, Partnership, Corporation, Association, Limited Liability Company, Public Agency, Business Trust, Religious Organization - each with its own page and documentation. Also required: '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.' Part 4 requires an affirmative disclosure under 8VAC20-821-40 C 3 of whether the applicant or any partner, member, officer, director or agent 'have ever had a license issued by any local, state, or…
12. STEP 11 - SUBMIT THROUGH THE ONLINE PORTAL, AT LEAST 60 DAYS BEFORE YOU WANT TO OPEN. VDOE: 'Complete an initial application for licensure, and upload the application and all required attachments through the online portal. When using the online portal, applicants should select "Family Day Home" as the provider type and "initial application" as the interaction purpose.' (The portal still uses the pre-July-2026 label.) The portal is a Hyland form server at vdoecs.hylandcloud.com. 'To ensure timely processing, the applicant must submit a complete application to the Office of Child Care Health and Safety at least 60 days prior to the facility's planned opening date. Submission of an incomplete…
13. STEP 12 - THE FEE, WHICH IS CURRENTLY SUSPENDED. 8VAC20-821-150 A sets the schedule by capacity: for programs operating at least 12 weeks in a 12-month period, capacity '1-12' pays a 'Two-year licensing fee' of '$28'; 13-25 pays $70; 26-50 $140; 51-75 $210; 76-200 $280; '201 or more' $400. For programs operating fewer than 12 weeks, capacity 1-50 pays $50 and 51 or more $110. Family day systems pay $140. All fees are nonrefundable (8VAC20-821-140 A) and 'The date that the application fee is received by the superintendent shall be the date that the application was received' (subsection B). BUT VDOE has suspended collection: the licensed-home page states, twice, 'Application fees are not…
14. STEP 13 - KEEP THE APPLICATION ALIVE: SIX MONTHS TO COMPLETE IT. 8VAC20-821-140 C: 'An applicant for initial licensure shall submit a completed application to the superintendent within six months of the date that the application was received. Applications that remain incomplete after six months of the date the application was received will be closed, and the applicant will be required to submit a new application with a new fee.' The application form repeats it: 'A complete application including all required attachments must be received within six months of the date that the application is received by the Department or the application will be closed, and a new application will be required.'
15. STEP 14 - THE DEPARTMENT'S INVESTIGATION AND THE PRE-LICENSURE INSPECTION OF THE HOME. Va. Code § 22.1-289.013: 'Upon receipt of the application, the Superintendent shall cause an investigation to be made of the activities, services, and facilities of the applicant and of his character and reputation ... The character and reputation investigation upon application shall include background checks pursuant to § 22.1-289.036.' VDOE: 'Prepare for your home inspection. After you have completed steps 1-4 and your application is complete, a licensing inspector will contact you to schedule an inspection of your home.' You must let them in and let them talk to people: § 22.1-289.018 A; 8VAC20-821-40…
16. STEP 15 - HAVE THE HOME PHYSICALLY READY, INCLUDING A LANDLINE. Virginia has one requirement that routinely catches modern applicants. 8VAC20-800-330 A: 'A LANDLINE telephone, EXCLUDING A CORDLESS OR CELL PHONE, shall be available, operable, and accessible during the family day home's hours of operation. An operable landline telephone is one that does not require electricity to operate. Cordless or cell phones may be used in addition to the landline telephone.' Also: an indoor bathroom 'easily accessible to children two years of age and older' containing 'a working toilet and sink, toilet tissue, liquid soap, and paper towels' (8VAC20-800-340); firearms 'stored unloaded in a locked…
17. STEP 16 - WRITE THE POLICIES AND THE EMERGENCY PLAN BEFORE THE FIRST CHILD ARRIVES. The 19 items of written information for parents under 8VAC20-800-70 A must be given 'Before the child's first day of attendance' and the parent's written acknowledgement obtained (subsection B). The written emergency preparedness and response plan under 8VAC20-800-800 A must exist, must address 'the most likely to occur scenarios, including but not limited to fire, severe storms, flooding, tornadoes, and loss of utilities', and must include 'provisions for a responsible person who is 18 years of age or older and is able to arrive at the family day home within 10 minutes for emergency backup care until the…
18. STEP 17 - RECEIVE THE LICENCE, POST IT, AND KNOW HOW LONG IT LASTS. Va. Code § 22.1-289.011 F: 'The license and any other documents required by the Superintendent shall be posted in a conspicuous place on the licensed premises.' 8VAC20-821-30 D says the same. DURATION - AND THERE IS A LIVE CONFLICT HERE. 8VAC20-821-30 B, effective 2026-02-01: 'A license issued under this chapter shall expire two years from the effective date of the license.' Va. Code § 22.1-289.011 C, as amended by 2026, c. 917 effective 2026-07-01: 'Each license for home-based child care or a home-based child care system and renewals thereof may be issued for periods of UP TO THREE SUCCESSIVE YEARS, unless sooner revoked…
19. STEP 18 - IF YOU CANNOT DEMONSTRATE FULL COMPLIANCE YET: THE CONDITIONAL LICENCE, AND THE OBLIGATION TO ACTUALLY HAVE CHILDREN. 8VAC20-821-80: 'The superintendent may issue a conditional license to an applicant in order to permit the applicant to demonstrate compliance with the requirements for licensure. A conditional license may be issued for a term not to exceed six months. A conditional license may be renewed, but a conditional license may not be held for longer than six months from the original issuance.' The application form spells out the practical consequence in the applicant's own signed agreement: 'I understand that I must have children in care during the conditional period so…
20. STEP 19 - KNOW THE 60-DAY DEEMED-PERMISSION RULE, AND ITS CATCH. Va. Code § 22.1-289.053: 'In case the Superintendent fails to take final action upon an application for a license within 60 days after the application is made, either by way of issuance or refusal, or fails within such time to notify the applicant thereof, it shall be lawful for the applicant to engage in the operations or activities for which the license is desired, until the Superintendent has taken final action and notified the applicant thereof; HOWEVER, NO APPLICATION SHALL BE DEEMED MADE UNTIL ALL THE REQUIRED INFORMATION IS SUBMITTED in the form prescribed by the Superintendent.' The clock starts only when the file is…
21. STEP 20 - IF REFUSED: A SIX-MONTH LOCKOUT. 8VAC20-821-90: 'When issuance of a license for a child day program or family day system has been refused by the superintendent, the applicant shall not thereafter for a period of six months apply again for the license, unless the superintendent in the superintendent's sole discretion believes that there has been a change in the conditions on account of which the license was refused as to justify considering a new application. When an appeal is taken by the applicant pursuant to subsection A of § 22.1-289.024 of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal.' The same six-month bar…
22. STEP 21 - AFTER LICENSURE: INSPECTIONS AT LEAST TWICE A YEAR, ONE UNANNOUNCED. Va. Code § 22.1-289.018 B: 'All licensed child day programs and home-based child care systems shall be inspected NOT LESS THAN TWICE ANNUALLY, and one of those inspections shall be UNANNOUNCED.' Renewal triggers its own inspection (§ 22.1-289.018 C), and 8VAC20-821-110 E warns that 'The on-site inspections may occur at any time during the license term and may be unannounced.' Complaint-driven inspections take priority over everything else under § 22.1-289.019.
23. STEP 22 - RENEW AT LEAST 60 DAYS OUT. VDOE: 'To ensure timely processing, you must submit a complete renewal application to the Office of Child Care Health and Safety at least 60 days prior to the expiration date of the current license.' 8VAC20-821-100: 'Every person issued a license that has not been suspended or revoked shall renew the license before its expiration.' 8VAC20-821-110 A: 'Before the expiration date shown on the license, a licensee desiring to renew a license shall return to the superintendent a completed renewal application and appropriate fee. FAILURE TO RECEIVE NOTICES FROM THE SUPERINTENDENT REGARDING LICENSE RENEWAL DOES NOT RELIEVE THE LICENSEE OF THE OBLIGATION TO…
24. STEP 23 - KEEP THE DEPARTMENT INFORMED, AND GET PERMISSION BEFORE YOU CHANGE ANYTHING MATERIAL. 8VAC20-821-250: 'A. An applicant or licensee shall at all times keep the superintendent informed of its current mailing address, telephone number, and email address. B. An applicant or licensee shall notify the superintendent immediately of any change of ownership or business formation.' Telephone changes have their own deadline in the standards: 8VAC20-800-330 C, 'The provider shall inform the department within 48 hours and parents within 24 hours of a change of the telephone number.' Location changes go through the modification process (VDOE publishes a 'Modification Request for Facility…

What you must post on your walls

• THE LICENCE, IN A CONSPICUOUS PLACE ON THE LICENSED PREMISES. Va. Code § 22.1-289.011 F: 'The license and any other documents required by the Superintendent shall be posted in a conspicuous place on the licensed premises.' 8VAC20-821-30 D repeats it verbatim. Failure to do so is an enumerated prohibited act: 8VAC20-821-270 subdivision 6 a, 'Failure to post the following documents in a conspicuous location on the premises of each facility: a. The most recently issued license.' Note 'MOST RECENTLY ISSUED' - an expired or superseded licence on the wall is itself the violation.
• EMERGENCY TELEPHONE NUMBERS, IN A VISIBLE AREA CLOSE TO THE TELEPHONE - AND THIS RESOLVES THE PRIOR ENTRY'S OPEN QUESTION. The prior version of this entry hedged: '(to confirm) Emergency telephone numbers ... 8VAC20-800-30 does not itself mandate a specific posted list; confirm current posting requirements with VDOE before relying on this line.' The hedge was unnecessary. 8VAC20-800-790, titled 'Posted telephone numbers', is short and mandatory: 'The following telephone numbers shall be posted in a visible area close to the telephone: 1. A 911 or local dial number for police, fire, and emergency medical responders; 2. The responsible person for emergency backup care as required in…
• ANY BACKGROUND-CHECK WAIVER GRANTED BY THE SUPERINTENDENT, IN A CONSPICUOUS PLACE. 8VAC20-821-230 A: 'The child day program or family day system shall post any waiver granted by the superintendent in a conspicuous place at the location listed on the waiver.' Subsection B adds a parallel written-notice duty: 'Any waiver granted under this section shall be available for inspection by the public. The child day program or family day system shall notify in writing every parent of the children in its care of any waiver granted by the superintendent, as well as notify in writing the parent of any child enrolled after the waiver becomes effective.' Va. Code § 22.1-289.038 A says the same at…
• A CONDITIONAL OR PROVISIONAL LICENCE, AT EACH PUBLIC ENTRANCE, WITH A VIOLATIONS NOTICE BESIDE IT. 8VAC20-821-270 subdivision 6 b: 'Any conditional or provisional license, which shall be posted at each public entrance of the facility, and a notice, which shall be prominently displayed next to the license, that states that a description of specific violations of licensing standards to be corrected and the deadline for completion of such corrections is available for inspection at the facility or on the facility's website, if applicable.' Note the escalation from 'conspicuous place' (ordinary licence) to 'each public entrance' (conditional/provisional).
• NOTICE OF THE SUPERINTENDENT'S INTENT TO REVOKE OR DENY RENEWAL, AT EACH PUBLIC ENTRANCE. 8VAC20-821-270 subdivision 6 c: 'Notice of the superintendent's intent to revoke or deny renewal of the license of a child day program or family day system. The notice will be provided by the department and shall be posted in a prominent place at each public entrance of the facility to advise consumers of serious or persistent violations.'
• NOTICE OF INTENT TO IMPOSE ANY SPECIAL-ORDER SANCTION, AT EACH PUBLIC ENTRANCE. 8VAC20-821-270 subdivision 6 e: 'Any notice of the superintendent's intent to take any of the actions enumerated in subdivisions B 1 through B 6 of § 22.1-289.023 of the Code of Virginia. The notice will be provided by the department, and a copy of the notice shall be posted in a prominent place at each public entrance of the facility to advise consumers of serious or persistent violations.' The statute itself imposes the same duty: Va. Code § 22.1-289.023 A, 'Notice of the Superintendent's intent to take any of the actions enumerated in subdivisions B 1 through 6 shall be provided by the Department, and a copy…
• A COPY OF ANY SPECIAL ORDER ACTUALLY ISSUED, AT EACH PUBLIC ENTRANCE. 8VAC20-821-270 subdivision 6 f: 'A copy of any special order issued by the department shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations.' Va. Code § 22.1-289.023 B allows the Superintendent to 'require a copy of the special order provided by the Department to be posted in a prominent place at each public entrance of the licensed premises.'
• A FINAL ORDER OF SUMMARY SUSPENSION (STATE-OPERATED PROGRAMS), AT EACH PUBLIC ENTRANCE, OR A SUMMARY OF IT. 8VAC20-821-270 subdivision 6 d: 'A copy of any final order of summary suspension of all or part of a license for a child day program or family day system operated by an agency of the Commonwealth shall be prominently displayed by the provider at each public entrance of the facility, or the provider may display a written statement summarizing the terms of the order, printed in clear and legible size and typeface, in a prominent location and identifying the location within the facility where the final order of summary suspension may be reviewed.'
• ANY OTHER DOCUMENTS THE SUPERINTENDENT REQUIRES. 8VAC20-821-270 subdivision 6 g is an open-ended catch-all: 'Any other documents required by the superintendent.' Va. Code § 22.1-289.011 F carries the same open clause ('The license AND ANY OTHER DOCUMENTS REQUIRED BY THE SUPERINTENDENT').
• NOT A POSTING FOR THIS PROGRAM, BUT ADJACENT AND OFTEN CONFUSED WITH IT: the exempt-program notice. Va. Code § 22.1-289.030 C 3 requires certain licence-exempt child day programs to 'Post in a visible location on the premises notice that the child day program is operating as a program exempt from licensure with basic health and safety requirements but has no direct oversight by the Department.' That duty falls on EXEMPT programs, not on licensed homes. Similarly, Va. Code § 22.1-289.031 A requires a religiously exempt center to have 'posted the fact that it is exempt from licensure in a visible location on the premises.' Neither applies to a licensed home-based child care.
• NOT A POSTING BUT A HAND-DELIVERY: the 19 items of written information for parents under 8VAC20-800-70 A are to be 'provided in writing' 'Before the child's first day of attendance', not posted, and the provider 'shall obtain the parent's written acknowledgement of the receipt of the information' (subsection B). Do not satisfy 8VAC20-800-70 by pinning a sheet to a noticeboard.
• VERDICT ON THE PRIOR ENTRY'S POSTINGS LIST. CONFIRMED: the licence must be posted conspicuously under Va. Code § 22.1-289.011 (now also 8VAC20-821-30 D). CORRECTED: the prior entry's second item hedged that no specific posted list exists and asked the reader to 'confirm current posting requirements with VDOE before relying on this line.' There is a specific list, in two places - the three emergency telephone numbers at 8VAC20-800-790, and the seven-item enumeration at 8VAC20-821-270 subdivision 6 (licence, conditional/provisional licence plus violations notice, notice of intent to revoke or deny renewal, summary-suspension order, notice of intent to impose special-order sanctions, special…

Enrollment forms for each child

• INITIAL APPLICATION FOR A LICENSE TO OPERATE HOME-BASED CHILD CARE - the licence application itself, published by VDOE as 'fdh initial app_2026.pdf', footer stamp 'Revised 7/2026', header 'Virginia Department of Education / Division of Early Childhood Care and Education / Office of Child Care Health and Safety'. Fourteen pages, six parts: Part 1 Applicant Information and Application Agreement, Part 2 Business Entity Type (eight options, each with its own page), Part 3 Required Attachments, Part 4 Disclosure (prior revoked/suspended/denied/surrendered licences, under 8VAC20-821-40 C 3), Part 5 Fees ('Application fees are not currently being collected through December 31, 2026'), Part 6…
• RENEWAL APPLICATION FOR FAMILY DAY HOME - the renewal counterpart, required by 8VAC20-821-110 A ('a licensee desiring to renew a license shall return to the superintendent a completed renewal application and appropriate fee'), filed at least 60 days before expiry per VDOE instruction, same portal, interaction purpose 'renewal application'.
• ZONING FORM SIGNED BY THE ZONING OFFICIAL - VDOE model form published as 'Contact with Local Zoning Administrator' / 'Contact with Zoning Administrator'. Required attachment 2 on the initial application: 'Each county has different requirements in determining the capacity of the home-based child care.' Also required at renewal where capacity changes or 'a special use permit has expired'. This is the form that fixes your capacity; it has no counterpart in 8VAC20-800.
• BUDGET FORM (WITH INSTRUCTIONS) - required attachment 1, the annual operating budget. Its legal purpose is to buy privacy: Va. Code § 22.1-289.013, 'The financial records of an applicant shall not be subject to inspection if the applicant submits an operating budget and at least one credit reference.' VDOE: 'Applicants may submit their own budget or one from their accountant as along as the budget contains information similar to that on the model form.'
• CREDIT REFERENCE FOR THE BUSINESS ENTITY - not a VDOE form but a required document, 'from either a bank; one of the three credit agencies such as TransUnion, Equifax, or Experian; or a landlord or a service vendor such as a commercial food vendor. This is not required for public agencies or existing licensees.' Paired with the budget under § 22.1-289.013.
• THREE REFERENCE LETTERS for each individual named in the business-entity section - 'dated no more than 12 months prior to the date of this application from three persons who are not related to the individual by blood or marriage who have known him/her for at least one month, and who can attest to his/her character and reputation.' Not required for public agencies or existing licensees. Tracks the definition of 'good character and reputation' at 8VAC20-800-10.
• DOCUMENTATION OF THE REQUIRED PRE-LICENSURE ORIENTATION TRAINING (Phase II) - required attachment 3, evidencing compliance with 8VAC20-821-40 C 6.
• SWORN STATEMENT OR AFFIRMATION (VDOE publishes it as the 'sworn disclosure or affirmation') - required by Va. Code §§ 22.1-289.035 B 1 and 22.1-289.036 B 1 for every person required to have a background check, and a required ATTACHMENT to the application 'for all adult household members and all individuals listed in the section for Type of Business Entity'. Must be 'dated no more than 30 days prior to the date of this application'. A materially false statement on it 'is guilty of a Class 1 misdemeanor'.
• FINGERPRINT-BASED NATIONAL CRIMINAL HISTORY RECORD CHECK - submitted through Fieldprint (VDOE: 'VDOE and VDSS-OBI work with a fingerprinting vendor called Fieldprint'), routed by the Central Criminal Records Exchange to the FBI under Va. Code § 22.1-289.036 B. Provider-paid since 2026-01-01: '$43.23 processing fee for volunteers and a $63.23 processing fee for all other individuals'.
• VIRGINIA CHILD ABUSE AND NEGLECT CENTRAL REGISTRY SEARCH REQUEST - submitted 'through the VDSS-OBI's web-based portal', $12 fee; required for every person under § 22.1-289.035 B 3 / § 22.1-289.036 B 3 and, separately, for 'any household members of a home-based child care program who are 14 years of age or older' within seven days of turning 14 or moving in (8VAC20-821-170 B).
• BACKGROUND CHECK PORTABILITY REQUEST - optional alternative to a fresh check under Va. Code § 22.1-289.035 J, submitted through the OBI portal, $17 nonrefundable fee, available since 2022-01-01. VDOE publishes a 'Portability Determination Flow Chart' and a 'Provisional Hire Flow Chart'.
• OUT-OF-STATE CRIMINAL, SEX OFFENDER AND CHILD ABUSE AND NEGLECT REGISTRY CHECKS - required for anyone who 'has lived in another state in the past five years', per § 22.1-289.036 B 4; VDOE points to the federal 'Interstate Child Care Background Check Contact List Chart' and permits the NSOPW for the sex offender component. Where a state does not respond, 8VAC20-821-190 A requires documented refusal or 'Documentation showing that the person responsible for obtaining the background check contacted the state in writing to obtain the results of the background check at least 45 days after the first request.'
• REPORT OF TUBERCULOSIS SCREENING EVALUATION - the VDH-published form (or a form consistent with it) required by 8VAC20-800-170 for every caregiver at hire and every adult household member before contact with children, 'completed within the last 30 days' and signed by 'a physician, physicians' designee, or an official of the local health department'; renewed every two years under 8VAC20-800-180 A.
• CHILD'S RECORD - VDOE model form 'Child's Record'. Contents fixed by 8VAC20-800-60 B, fourteen items: name, nickname, sex, address and birth date; emergency contact information comprising each custodial parent's name/address/telephone, each custodial parent's employer name/address/telephone, the child's physician's name/office address/telephone, two designated emergency contacts, allergy and intolerance information 'and actions to take in an emergency situation', medical insurance name and policy number if applicable, names of persons other than custodial parents authorised to collect the child, 'Appropriate legal paperwork when a custodial parent does not authorize the provider to release…
• INFORMATION FOR PARENTS (VDOE model form, Word) - the vehicle for the nineteen items of 8VAC20-800-70 A, which must be provided in writing 'Before the child's first day of attendance': hours and days of operation, holidays and closures and the message telephone number; schedule of fees and payment plans; check in and check out procedures; medication administration policies; 'Whether or not there is liability insurance of at least $100,000 per occurrence and $300,000 aggregate in force on the family day home operation as required by § 22.1-289.050'; the illness pick-up requirement; the parent's duty to report a reportable communicable disease 'within 24 hours or the next business day ...…
• LIABILITY INSURANCE DECLARATION (VDOE model form) - supports the § 22.1-289.050 A duty to 'furnish a written notice to the parent or guardian of each child ... which states whether there is liability insurance in force', with 'no person under this section shall state that liability insurance is in place ... unless there is a minimum amount of coverage as established by the Department'. If cover lapses the provider must notify each parent 'within 10 business days after the effective date of the change' and obtain written acknowledgement, and keep the acknowledgement 'on file at the home in which home-based child care is provided at all times while the child attends ... and for 12 months…
• IMMUNIZATION AND PHYSICAL EXAMINATION REPORTS - 8VAC20-800-110 A: 'The current form approved by the Virginia Department of Health or a physician's form shall be used to record immunizations received and the results of the required physical examination', and B, each report 'shall include the date of the physical examination and dates immunizations were received and shall be signed by a licensed physician, the physician's designee, or an official of a local health department.' VDOE publishes the 'School Entrance Health Form' for this purpose. Immunisation documentation is required before attendance (8VAC20-800-90 A, tied to Va. Code § 32.1-46 A) with religious-affidavit and…
• PROOF OF THE CHILD'S AGE AND IDENTITY - not a form but a documentary step with a statutory police trigger. 8VAC20-800-80 A requires the provider, 'Within seven business days of the child's first day of attendance', to obtain verification of identity and age plus the 'Name and location of previous day care programs and schools the child has attended'. Subsection B lists the eight acceptable documents: certified birth certificate; birth registration card; notification of birth (hospital, physician, or midwife record); passport; child-placing agency placement agreement or other proof; an original or copy of a record or report card from a Virginia public school; a signed letterhead statement…
• ASSISTANT/SUBSTITUTE PROVIDER RECORD and CAREGIVER RECORDS - VDOE model forms 'Assistant/Substitute Provider Record', 'Caregiver Reference', 'Provider Record Checklist' and 'Caregiver and Household Record Audit Template'. Contents fixed by 8VAC20-800-120 B for assistants and substitutes (name; address; verification of age; job title; date of employment or volunteering; emergency contact name, address and telephone; two documented reference checks for non-relatives hired after June 30, 2010 with, for telephone checks, dates of contact, names of persons contacted, firms contacted, results and the caller's signature; background checks; TB documentation; education and training documentation)…
• CHECKLIST FOR ADULT HOUSEHOLD MEMBERS - VDOE model form supporting 8VAC20-800-160 (attributes and background checks for residents 14 and older), 8VAC20-800-170/180 (TB) and Va. Code § 22.1-289.036 A (iii) (adults living in the home).
• DOCUMENTATION OF ASSISTANT & SUBSTITUTE PROVIDER ORIENTATION TRAINING - VDOE model form. 8VAC20-800-200 C: 'Documentation of the orientation shall be signed and dated by the provider and substitute provider or by the provider and assistant.'
• RECORD OF ANNUAL TRAINING - VDOE model form (Word). 8VAC20-800-230 B requires, for each session, 'Name of the caregiver; Name of the training session; Date and total hours of the session; and Name of the organization that sponsored the training and the trainer.'
• RECORD OF DAILY ATTENDANCE - VDOE model form. 8VAC20-800-50 A: 'The family day home shall keep a written record of children in attendance each day.'
• EMERGENCY PREPAREDNESS & RESPONSE PLAN and PROVISIONS OF THE EMERGENCY PREPAREDNESS AND RESPONSE PLAN - two VDOE model forms (both Word). 8VAC20-800-800 A requires the written plan with evacuation, relocation and shelter-in-place procedures, the most-likely scenarios, and the 10-minute backup person; subsection B requires annual review and update with written documentation of 'each review and update'. Evacuation procedures need the nine elements of 8VAC20-800-810 and shelter-in-place the seven of 8VAC20-800-820. The 'Provisions' form is what goes to parents under 8VAC20-800-70 A 16.
• RECORD OF EMERGENCY RESPONSE DRILLS - VDOE model form (Word). 8VAC20-800-830 C requires nine data points per drill: 'Identity of the person conducting the drill; The date and time of the drill; The method used for notification of the drill; The number of caregivers participating; The number of children participating; Any special conditions simulated; The time it took to complete the drill; Problems encountered, if any; and For emergency evacuation drills only, weather conditions.' Retention one year (subsection D). Frequency: evacuation monthly, shelter-in-place at least twice a year (subsections A and B).
• INJURY RECORD - VDOE model form. 8VAC20-800-840 A requires recording in the child's record 'an injury or accident sustained by a child while at the family day home that requires first aid or emergency medical or dental treatment', with eight elements under subsection B including 'Caregiver and parent signatures or two caregiver signatures' and 'Documentation on how the parent was notified'. Serious incidents go further: 8VAC20-800-850 A requires a report to the department 'within 24 hours' of a lost or missing child where local authorities were contacted, a serious injury, or a death, and subsection B requires 'A written report ... submitted to the department within five working days of…
• MEDICATION FORMS - VDOE publishes five: 'Medication Administration - Decision to Administer', 'Medication Authorization', 'Medication Administration Log for Child Day Programs - Individual Child', 'Medication Administration Log for Child Day Programs - Multiple Children', and 'Authorization to Apply a Non-Prescription Topical Skin Product'. Regulatory basis: 8VAC20-800-700 A ('Only with written authorization from the parent'), 700 B ('The parent's written authorization for medication shall expire or be renewed after 10 working days', with a long-term exception on written physician and parent authorisation), 700 C (14-day pick-up rule, then 'taken to a pharmacy for proper disposal'), 740…
• PERMISSION TO PARTICIPATE IN SWIMMING OR WADING ACTIVITIES - VDOE model form. 8VAC20-800-660 B requires the home to obtain ANNUALLY both 'Written permission from the parent of each child who participates' and 'A written statement from the parent advising of a child's swimming skills before the child is allowed in water above the child's shoulder height.'
• GENERAL PERMISSION FOR REGULARLY SCHEDULED TRIPS and SPECIAL FIELD TRIP PERMISSION - two VDOE model forms matching the two-tier rule at 8VAC20-800-980: general written permission 'on a form that lists regularly scheduled trips (e.g., library, store, playground) and the driver', and special written permission which 'shall specify destination, duration of trip, and driver'. Drivers must be 18 or older and carry, per 8VAC20-800-990 B, a valid licence, the home's name/address/telephone, a copy of the parent's permission, a copy of each child's emergency contact information, the 8VAC20-800-760 emergency supplies, and 'A mechanism for making telephone calls to emergency responders and parents'.
• STAFFING RECOMMENDATIONS FOR A CHILD WITH SPECIAL NEEDS - VDOE model form. 8VAC20-800-620 requires a written recommendation from 'a physician, psychologist, or other professional who has evaluated or treated the child', including 'instructions for any special treatment, diet, or restrictions in activities', maintained in the child's record; subsection F requires provider and parent to 'mutually determine a recommendation for the level of staffing necessary'; subsection G requires that recommendation to go to the department's representative 'Within 30 days of the child's enrollment'; subsection H gives the Department 'the final decision regarding level of staffing or any capacity…
• WEEKLY MENU - VDOE model form. 8VAC20-800-920 governs menus; 8VAC20-800-870 A fixes meal and snack frequency by hours of operation ('For family day homes operating less than four consecutive hours at least one snack shall be served'; four to seven hours, one meal and one snack; 'seven to 12 consecutive hours at least one meal and two snacks or two meals and one snack').
• MODIFICATION REQUEST FOR FACILITY CHANGE OF LOCATION - VDOE model form implementing 8VAC20-821-60 A.
• VARIANCE REQUEST - 8VAC20-821-70 A: 'Any demonstration of hardship or request for a variance shall be made to the superintendent and shall be in writing ON A FORM PRESCRIBED BY THE SUPERINTENDENT', stating the specific standard, the substantial programmatic or financial hardship, and the proposed protective alternative.
• WAIVER REQUEST (BACKGROUND CHECK) - 8VAC20-821-220 D: 'The request for a waiver shall be submitted on a form prescribed by the superintendent.'
• FOR VOLUNTARILY REGISTERED HOMES ONLY (different form family): 'Application for Voluntary Registration', 'Voluntary Registration Health and Safety Checklist (rev. 7/2024)' and 'Voluntary Registration Provider Application Form (eff. 7/2021)' - the last two are the forms formally incorporated by reference at the end of 8VAC20-850. 8VAC20-850-110 A: 'A health and safety checklist shall be completed by providers who apply for voluntary registration. The checklist serves as both a self-review tool for providers and an initial and renewal evaluation method for the contracting organization.'
• VERDICT ON THE PRIOR ENTRY'S FORMS LIST. CONFIRMED in substance: children's records (8VAC20-800-60), written information for parents (8VAC20-800-70), immunisation and physical examination reports (8VAC20-800-110), caregiver records (8VAC20-800-120), medication authorisation and records (8VAC20-800-220 et seq.), the sworn statement or affirmation, the central registry release, and written daily attendance (8VAC20-800-50). CORRECTED: the prior entry attributed the background-check forms to '8VAC20-770', a chapter repealed on 2026-06-17. INCOMPLETE: it omitted the entire application apparatus - the application form itself, the zoning form, the budget, the credit reference, the three reference…

What's specific about getting licensed in Virginia

Virginia is one of the few states that regulates home capacity with a 16-point system rather than fixed age ratios - and it counts your own children and resident children under 8 against that cap. That single rule (8VAC20-800-570) reshapes how many kids you can actually enroll and trips up providers coming from other states. Pair it with Virginia's specific 5-child licensing trigger (1-4 is exempt, 5-12 needs a license) and its requirement that EVERY household member age 14+ pass a fingerprint background check, and you have a compliance picture that is genuinely Virginia-specific rather than generic national advice.

How long it takes and what it costs in Virginia

Timeline: Realistically plan on 2 to 4 months from starting your application to holding a license, and sometimes longer. The pace is usually set by two things: how fast the fingerprint-based background checks clear for you and every adult in your household, and whether your home passes its licensing inspection the first time. Front-loading the fingerprinting, TB screenings, and your CPR/First Aid certification while you prepare the home is the single best way to keep the timeline short.

Cost: Virginia's state license application fee is modest and scaled to your licensed capacity, but the real out-of-pocket costs are the surrounding requirements: fingerprint-based background checks (charged per adult, so a larger household multiplies this cost), a TB screening for each caregiver and adult household member, and CPR and First Aid certification for anyone left alone with children (8VAC20-800-150). Budget for these per-person costs across your whole household rather than just yourself. Note: we could not confirm the exact current dollar figure of the state application fee from the official code text, so verify it directly with the Virginia Department of Education before you file.

Source: Sources officielles consultées pour Virginia :

https://law.lis.virginia.gov/admincodefull/title8/agency20/chapter800/

https://law.lis.virginia.gov/admincodefull/title8/agency20/chapter821/

https://law.lis.virginia.gov/admincodefull/title8/agency20/chapter770/

https://law.lis.virginia.gov/admincodefull/title8/agency20/chapter850/

https://law.lis.virginia.gov/admincode/title8/agency20/

https://law.lis.virginia.gov/vacode/title22.1/chapter14.1/

https://law.lis.virginia.gov/vacode/title15.2/chapter9/section15.2-914/

https://www.childcare.virginia.gov

Verified 2026-08-25. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.