Virginia Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in Virginia?

In Virginia, childcare licensing is administered by the Virginia Department of Education (VDOE), specifically through its Office of Child Care Health and Safety (OCCHS). The OCCHS is responsible for setting standards, processing applications, conducting inspections, and enforcing compliance for all regulated childcare operations in the state. The governing regulations for licensed child day centers are found in the Virginia Administrative Code at 8VAC20-780, titled "Standards for Licensed Child Day Centers."

Virginia requires licensing for child day programs that operate for compensation and serve children under age 13 who are separated from their parents during part of the day. The type of license you need depends on the size and setting of your operation:

• Licensed Child Day Center: A facility that is not a residence and provides care for two or more children. This is the most common license type for commercial childcare businesses in Virginia.

• Licensed Family Day Home: A home-based program that provides care for between six and 12 children, exclusive of the provider's own children and children who reside in the home. Licensed under separate standards (8VAC20-790).

• Voluntarily Registered Family Day Home: A home-based program that provides care for fewer than six children. Voluntary registration is available through the VDOE and involves a lighter set of requirements than full licensure.

How to apply for a Virginia childcare license

The Virginia childcare licensing application process involves several phases. You must submit a complete application to the Office of Child Care Health and Safety at least 60 days before your planned opening date. Plan for the overall process to take several months.

1. 1

   Complete Phase 1: Pre-Application Training

   Virginia requires all applicants to complete a pre-application training course for licensed child day centers. This self-paced training provides an overview of the licensing process, the standards, and the responsibilities that come with operating a childcare facility.

2. 2

   Complete Phase 2: Pre-Licensure Orientation

   Contact the Office of Child Care Health and Safety in your region to register for the Phase 2 orientation. In this session, licensing inspectors walk you through the Standards for Licensed Child Day Centers (8VAC20-780) in detail.

3. 3

   Submit a functional design plan

   You must create and submit a functional design plan for your facility to the licensing office in your region. This includes details about how your indoor and outdoor spaces will be arranged and used.

4. 4

   Submit your application and required documents

   Complete your initial application for licensure and upload it along with all required attachments through the VDOE online portal. Select "Child Day Center" as the provider type and "initial application" as the interaction purpose. Required documents include background check results, reference letters, and staffing plans.

5. 5

   Complete background checks

   Background checks are required for all staff and must be completed no earlier than 90 days before the opening of the center. A sworn disclosure statement must also be completed prior to employment for all personnel.

6. 6

   Pass the facility inspection

   After your application is complete, a licensing inspector will contact you to schedule an on-site inspection of your facility. The inspection verifies that your space, safety equipment, and documentation meet all standards. Any deficiencies must be corrected before your license is granted.

Virginia staff-to-child ratio and group size requirements

Virginia sets specific staff-to-child ratios and maximum group sizes based on the ages of children in care. These requirements are defined in 8VAC20-780-350 and must be maintained at all times whenever children are in care, including during outdoor play and transitions. When children are in mixed-age groups, the ratio and group size applicable to the youngest child in the group applies to the entire group.

*Group size requirements do not apply to school-age eligible children through 12 years of age per 8VAC20-780-350.

These ratios are from the Virginia Standards for Licensed Child Day Centers (8VAC20-780). Always verify current ratios with the VDOE, as they may be updated periodically. For help planning your classroom staffing, try our ratio calculator.

Staff qualification and training requirements

Virginia has specific qualification requirements for program directors, program leaders, and all staff working in licensed child day centers.

• Program director qualifications: Program directors must be at least 21 years old and meet one of several education and experience combinations defined in 8VAC20-780-190. These include a graduate degree in a child-related field plus six months of programmatic experience, a bachelor's degree in a child-related field plus one year of experience, or 48 semester hours of college credit (with 12 in child-related subjects) plus one year of experience, among other options.

• Program leader qualifications: Program leaders (lead teachers) must meet separate education and experience requirements defined in 8VAC20-780-210. These requirements are less extensive than for directors but still require relevant training or experience in early childhood education.

• CPR and First Aid: Staff who work directly with children must have current certifications in CPR and First Aid appropriate to the ages of children in their care.

• Orientation training: All new staff must complete orientation training before working alone with children, as required by 8VAC20-780-240. Orientation covers the center's policies, emergency procedures, child abuse recognition and reporting, and the licensing standards.

• Annual ongoing training: Per 8VAC20-780-245, all staff who work with children must complete a minimum of 16 clock hours of training annually, in addition to orientation. Training must be appropriate to the ages of children in care and cover topics such as child development, health and safety, and guidance and discipline. Staff at short-term programs must complete at least 10 hours per year.

• Tuberculosis screening: Per 8VAC20-780-160, all staff and independent contractors must have a tuberculosis screening completed before starting work at the center.

Facility and space requirements

Your physical space must meet the standards defined in 8VAC20-780 before a license can be issued. Key requirements include:

• Indoor space: A minimum of 25 square feet of indoor activity space per child is required per 8VAC20-780-310. This measurement is wall-to-wall and excludes offices, hallways, restrooms, kitchens, storage rooms, and closets. New construction or additions must provide 35 square feet per child.

• Infant space: For infants specifically, there must be a minimum of 25 square feet per infant (excluding space occupied by cribs and changing tables) or 35 square feet per infant (including space occupied by cribs and changing tables).

• Outdoor space: A minimum of 75 square feet of outdoor play space per child using the area at any one time. Outdoor areas must be safely enclosed and free of hazards.

• Age-appropriate equipment: All furniture, cribs, and play equipment must be safe, in good repair, and appropriate for the ages of children enrolled. Cribs must meet current CPSC standards.

• Fire safety: Working smoke detectors and fire extinguishers must be installed and maintained. Fire drills must be conducted and documented regularly. An evacuation plan must be posted in the facility.

• Playground safety: Per the standards, the center must develop written playground safety procedures that include active supervision by staff, strategic positioning, scanning play activities, and circulating among children.

Background check requirements

Virginia has comprehensive background check requirements for all individuals involved in childcare operations. These requirements are defined in the Code of Virginia and administered through the VDOE.

• Sworn disclosure statement: Before employment, every applicant must complete a sworn disclosure or affirmation statement, a written document in which the person discloses any criminal convictions and any pending criminal charges, whether inside or outside Virginia.

• Fingerprint-based criminal history check: All staff must undergo a fingerprint-based criminal history check processed through the Virginia State Police (VSP) and the FBI. Background checks must be completed no earlier than 90 days before the center opens.

• Virginia Central Registry check: A search of the Virginia child abuse and neglect registry (Central Registry) is required for all staff.

• Sex offender registry check: All staff are screened against the sex offender registry as part of the background check process.

• Barrier crimes: Anyone convicted of a "barrier crime" as defined in Virginia Code is permanently ineligible for employment, licensure, or approval to work in a childcare setting.

• Provisional hire: New employees may be provisionally hired if they have received qualifying results from a fingerprint-based background check, completed the sworn disclosure, have the Central Registry check requested, and are supervised at all times by a person who has received qualifying results on all background checks within the last five years.

Health and safety requirements

Virginia's Standards for Licensed Child Day Centers include detailed health and safety requirements that must be followed daily.

• Immunization records: Up-to-date immunization records are required for all enrolled children. Records must be on file and available for inspection at all times.

• Medication administration: Medications may only be administered with written parent authorization. All medication administration must be documented, including the medication name, dosage, time given, and the staff member who administered it.

• Illness exclusion: Centers must have a written illness exclusion policy and procedures for notifying parents when their child becomes ill during the day.

• Handwashing: Proper handwashing procedures must be followed by both staff and children, including before and after meals, after diaper changes, after using the restroom, and after outdoor play.

• Safe sleep practices: For infants, Virginia requires adherence to safe sleep guidelines. Infants must be placed on their backs to sleep in approved cribs, with no soft bedding, pillows, bumper pads, or toys in the crib.

• Emergency procedures: Written emergency procedures must be developed, posted, and practiced regularly. Staff must be trained on what to do in the event of a fire, severe weather, medical emergency, or other crisis.

Record-keeping requirements

Virginia licensing requires childcare centers to maintain detailed records that are available for review during inspections. Keeping records organized and current is one of the most important things you can do to stay in compliance.

• Attendance records: Daily sign-in and sign-out records for every child, with the time recorded for each entry. These records must be retained and available for inspection.

• Child enrollment records: Complete enrollment information for each child, including emergency contacts, authorized pickup persons, medical information, allergies, and immunization records.

• Staff records: Personnel files for every employee, including background check results, training documentation, certifications, and employment history.

• Incident reports: Written documentation of any injuries, accidents, or unusual incidents that occur at the facility, including details of what happened, who was involved, and what actions were taken.

• Fire and emergency drill logs: Documentation of all drills conducted, including the date, time, number of children and staff present, and evacuation time.

• Medication logs: Records of all medications administered to children, along with signed parent authorization forms.

Inspections and compliance

Once licensed, your center will be subject to ongoing monitoring by the VDOE Office of Child Care Health and Safety.

• Unannounced inspections: Licensing inspectors conduct unannounced inspections of licensed childcare centers during normal operating hours. These inspections can happen at any time and may cover any aspect of your operation, from ratios and supervision to record-keeping and facility conditions.

• Corrective action plans: If deficiencies are found during an inspection, the center will be required to submit a corrective action plan and address the issues within a specified timeframe. The timeframe depends on the severity of the deficiency.

• Adverse actions: Repeated or serious violations can result in sanctions, including probation, license suspension, or license revocation. Violations posing an immediate threat to children can result in emergency action.

• Good character and reputation: Virginia requires that applicants and anyone involved in day-to-day operations be of good character and reputation and must not have been convicted of a barrier crime, per the Code of Virginia.

Virginia Quality Birth to Five (VQB5)

Virginia's quality rating system is called Virginia Quality Birth to Five (VQB5). Administered by the Virginia Department of Education, VQB5 measures and helps improve the quality of publicly funded birth-to-five classrooms and supports families in choosing quality programming.

• Quality ratings: VQB5 uses three rating levels: Exceeds Expectations, Meets Expectations, and Needs Support. Ratings are based on classroom observations using nationally recognized tools like the Classroom Assessment Scoring System (CLASS).

• What is measured: VQB5 focuses on two key quality indicators: teacher-child interactions and curriculum implementation. Trained raters conduct on-site observations to assess these areas.

• Benefits of participation: While VQB5 applies to publicly funded classrooms, participating programs receive technical assistance, professional development support, and public quality profiles that help families identify high-quality care. Higher quality ratings can also enhance your program's reputation and enrollment.

Resources

Here are key resources for Virginia childcare providers:

• Child Care Virginia (childcare.virginia.gov): The official VDOE website for childcare providers, including licensing information, application forms, background check details, and provider resources.

• Virginia Administrative Code (8VAC20-780): The full text of the Standards for Licensed Child Day Centers, available at law.lis.virginia.gov. This is the definitive source for all licensing requirements.

• Child Care Aware of Virginia: A statewide resource and referral network that provides training, technical assistance, and support to childcare providers across the state.

• Virginia Quality Birth to Five (VQB5): Virginia's quality measurement and improvement system, with information available at the VDOE early childhood quality website.