West Virginia Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in West Virginia?

In West Virginia, childcare licensing is administered by the Department of Health and Human Resources (DHHR), through its Division of Early Care and Education within the Bureau for Family Assistance. The division is responsible for setting standards, processing applications, conducting inspections, and enforcing compliance for all regulated childcare operations in the state.

West Virginia recognizes four types of regulated childcare programs, each defined by the number of children served and the care setting:

• Child Care Center: A facility that provides nonresidential care for 13 or more children for all or part of a day. Centers must hold a full license and meet the requirements of West Virginia's child care center regulations (78 CSR 1).

• Family Child Care Facility: A home-based operation that provides care for 7 to 12 children, including children under six who reside in the home. This program type requires a license and must meet facility-specific standards.

• Family Child Care Home: A home-based program that provides care for no more than 6 children under 13 years of age, with no more than 2 children under 24 months. Family child care homes must be registered with the state.

• Informal/Relative Family Child Care Home: A home-based program with no more than 3 children under 13 in care at any one time, including children under six who live in the home. Informal and relative providers may voluntarily register to receive subsidy payments.

How to apply for a West Virginia childcare license

The West Virginia childcare licensing application process involves several steps. Plan for the process to take up to 60 days from the time your completed application is received, depending on how quickly you can meet all requirements and pass your facility inspection.

1. 1

   Submit a Needs Assessment and Letter of Intent

   Begin by completing a Needs Assessment and Letter of Intent form. Mail the completed form to the WV DHHR Division of Early Care and Education, Child Care Regulation Unit, 350 Capitol Street, Room B-18, Charleston, WV 25301.

2. 2

   Receive and complete your initial application

   Upon receipt of your Letter of Intent, a licensing specialist from DHHR will review it and provide you with an Initial Application for a Certificate of License or Approval to Operate a Child Care Center. There is no application fee for the initial license in West Virginia.

3. 3

   Prepare emergency and evacuation plans

   You must prepare written emergency disaster and evacuation plans for your facility as part of the application process. These plans must address procedures for fires, severe weather, medical emergencies, and other crisis situations.

4. 4

   Complete background checks for all staff

   All staff, volunteers over 18, and household members over 18 (for home-based programs) must complete comprehensive background checks before operating. This must be finished before your license can be issued.

5. 5

   Pass the facility inspection

   A licensing specialist will conduct an on-site inspection to verify your facility meets all required standards for space, safety, equipment, and documentation. Any deficiencies must be corrected before your license is granted. The entire process from completed application to final inspection may take up to 60 days.

6. 6

   Receive your license and renew every two years

   Once all requirements are met, DHHR will issue your childcare license. In West Virginia, license renewal is required every two years. You must continue to meet all standards and pass renewal inspections to maintain your license.

West Virginia staff-to-child ratio requirements

West Virginia sets specific staff-to-child ratios based on the ages of children in care. These ratios are defined in the West Virginia Code of State Rules (78 CSR 1) and must be maintained at all times children are in care. The state defines the staff-to-child ratio as the number of children that one qualified staff member is permitted to supervise, which varies according to the ages and developmental levels of the children and the types of activities in which they are participating.

These ratios are from the West Virginia Code of State Rules. Verify current ratios with DHHR, as they may be updated periodically. For help planning your classroom staffing, try our ratio calculator.

Staff qualification requirements

West Virginia has specific requirements for directors and caregivers working in licensed childcare facilities.

Director qualifications

Director qualifications in West Virginia depend on the size and type of center. For a Type I center (30 children or fewer), the director must meet one of the following:

• A Child Development Associate (CDA) credential plus 300 clock hours of experience working with children

• Twelve (12) college credits in an early care and education field plus 300 hours of relevant work experience with young children

• A total of ten (10) years of relevant work experience in childcare

Staff training requirements

• Annual training: All qualified staff must complete at least 15 hours of approved training annually. Directors must also complete 15 hours annually, of which at least 6 hours must be in management training.

• Infant/toddler staff: Staff working with infants and toddlers must complete 40 hours of approved training before being granted their position. At least one qualified staff member who has completed the minimum approved training must be present in the infant/toddler program for at least half of the operating hours daily.

• CPR and First Aid: All staff members must receive approved training in pediatric cardiopulmonary resuscitation (CPR) and First Aid, with current certifications required within three months of employment.

Background check requirements

West Virginia requires comprehensive background checks for all individuals involved in childcare operations. Under West Virginia Code Chapter 49, all childcare providers must have background checks completed before they can begin working with children.

• Who must be checked: Every staff member, volunteer over the age of 18, and household member over the age of 18 (for home-based programs) must complete a background check.

• Eight-component check: West Virginia's criminal background check includes eight specific components: three in-state checks, two national checks, and three interstate checks.

• Fingerprinting: All childcare operators and their employees must submit to fingerprinting for a criminal background check processed through state and FBI databases.

• Registry checks: Background screening includes checks of the sex offender registry and the child abuse and neglect registry to ensure no listed individuals have access to children in care.

• Timing: Background checks must be completed before any individual has direct contact with children. There is no provisional or grace period for this requirement.

Facility requirements

Your physical space must meet West Virginia's facility standards before a license can be issued. Key requirements include:

• Indoor space (infants): A minimum of 50 square feet of usable activity space per infant.

• Indoor space (preschool and school-age): A minimum of 35 square feet of usable activity space per child for preschool-age and school-age children.

• Outdoor space: A minimum of 75 square feet of outdoor activity space per child using the area at any one time. Centers may alternate groups of children outdoors to meet this requirement. If outdoor space is not available, you must submit a written plan describing alternate arrangements for approval.

• Fencing: If you care for children under school age, the outdoor activity area must be fenced or have natural barriers. The activity area must have more than one type of surface, including one suitable for pull and wheeled toys.

• Hazard-free environment: Outdoor play areas must be clear of all hazards, including heat pumps, air conditioning units, exposed wiring, meters, and telephone boxes.

• Fire safety: Working smoke detectors and fire extinguishers must be installed and maintained. Fire drills must be conducted regularly and documented. A posted evacuation plan is required.

• Health inspection: Your facility must pass a health and safety inspection conducted by the West Virginia Office of Environmental Health Services (OEHS), which covers sanitation, food preparation, diaper changing areas, handwashing facilities, and general cleanliness.

Health and safety requirements

West Virginia's childcare regulations include detailed health and safety requirements that licensed operations must follow every day.

• Immunization records: Up-to-date immunization records are required for all enrolled children. Records must be on file and available for review during inspections.

• 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: Facilities 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, West 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 covering fires, severe weather, medical emergencies, and other crises must be posted and practiced regularly. All staff must be trained on these procedures.

Record-keeping requirements

West Virginia licensing requires childcare operations to maintain detailed records that are available for review during inspections. Keeping these 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 for the period specified by DHHR.

• 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 and what actions were taken.

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

• Medication administration logs: Records of all medications administered to children, including parent authorization forms.

West Virginia's Tiered Reimbursement system

West Virginia does not have a traditional Quality Rating and Improvement System (QRIS), but it does operate a Tiered Reimbursement system with three quality levels. This voluntary program is designed to encourage providers to exceed minimum licensing standards.

• Tier I (automatic): All licensed center-based programs, regulated family child care facilities, and homes are automatically enrolled at Tier I upon receiving their license.

• Tier II (voluntary): To advance to Tier II, a program must enroll children who receive subsidy funding and demonstrate compliance with a state-specific set of standards aligned with West Virginia's Core Knowledge and Competencies. These cover areas including child growth and development, family and community relationships, child observation and assessment, environment and curriculum, health safety and nutrition, professionalism and leadership, and administration and management. An Environment Rating Scale assessment (ITERS-3, ECERS-3, FCCERS-3, or SACERS-Updated) is required.

• Tier III: The highest quality level, requiring programs to meet additional standards beyond Tier II. Higher tier levels result in increased subsidy reimbursement rates.

West Virginia has a network of six Quality Improvement Specialists statewide, employed by the state's Child Care Resource and Referral (CCR&R) agencies, who provide support to programs working toward higher tier levels.

Inspections and compliance

Once licensed, your operation will be subject to ongoing monitoring by the DHHR Division of Early Care and Education.

• Unannounced inspections: DHHR conducts unannounced inspections of licensed childcare operations during normal operating hours. These inspections can happen at any time and may cover any aspect of your operation.

• License renewal: West Virginia childcare licenses must be renewed every two years. The renewal process includes an inspection and verification that all staff qualifications, training, and background checks remain current.

• Corrective action: If deficiencies are found during an inspection, the facility is given a specified timeframe to correct the issues. The timeframe depends on the severity of the deficiency.

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

Resources

Here are key resources for West Virginia childcare providers:

• DHHR Division of Early Care and Education: The official state agency overseeing childcare licensing. Contact the Child Care Regulation Unit at 350 Capitol Street, Room B-18, Charleston, WV 25301.

• West Virginia Tiered Reimbursement Program: The state's voluntary quality improvement program. Participating in the tiered system can increase your subsidy reimbursement rates and signal quality to families.

• Child Care Resource and Referral (CCR&R) agencies: West Virginia's CCR&R network provides training, technical assistance, and support to childcare providers. Connect CCR&R can help with professional development and quality improvement resources.

• Office of Environmental Health Services (OEHS): Conducts health and safety inspections of childcare centers. Contact them for questions about facility health and sanitation requirements.