Starting a daycare in Virginia requires careful planning and adherence to state regulations.

• Begin by researching the licensing requirements set forth by the Virginia Department of Social Services (VDSS) to ensure compliance with safety, staffing ratios, and facility standards.
• Develop a comprehensive business plan outlining your daycare’s mission, target demographic, services offered, and financial projections.
• Secure appropriate funding through personal savings, loans, or grants.
• Next, select a suitable location with ample indoor and outdoor space, preferably in a safe neighborhood with access to families in need of childcare services.
• Obtain necessary permits and zoning approvals from local authorities. Design the daycare space to meet VDSS regulations, ensuring it is equipped with child-safe furniture, toys, and facilities.
• Hire qualified staff, including background-checked caregivers trained in CPR and first aid.
• Market your daycare through local advertising, a com listing, social media, and networking with community organizations.
• Finally, submit your licensing application to VDSS and undergo inspections to officially open your daycare in Virginia.

Do I need a childcare license in Virginia?

A childcare license is mandatory for operating a childcare facility in Virginia. There are two distinct types of licensed childcare programs in the state: center-based programs, referred to 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 in Virginia must adhere to specific licensing requirements enforced by the Virginia Department of Education to ensure that the activities, services, and facilities of childcare centers prioritize the welfare of the children in their care.

Child day programs exempt from requiring a childcare license include:

• Programs operated by religious institutions.
• Programs operating for less than 20 program days in a calendar year and not exceeding two consecutive weeks without a break of at least one week.
• Certified preschool or nursery school programs operated by accredited private schools.
• Programs operating for up to four hours per day, with staffing by local school division employees, catering to children aged three and above who are enrolled in a preschool program within the local school division.

Childcare licensing requirements in Virginia

Childcare licenses issued by the Virginia Department of Education authorize specific individuals, partnerships, associations, corporations, limited liability companies, or public entities to offer out-of-home care to children. The Department of Education rigorously enforces Virginia’s childcare licensing requirements to ensure that the activities, services, and facilities of your center uphold the welfare of the children under your care.

Licensing criteria differ based on whether you are operating a child day center or a family day home. Childcare licenses are non-transferrable in cases of changes in ownership or location for centers, with the exception of relocating a family day home.

All individuals associated with licensed childcare programs, including staff members, volunteers, applicants seeking licensure, registration, or approval, representatives of applicants for licensure, registration, or approval, as well as any individual aged 14 or older residing in a family day home, must undergo a background check.

Family day homes

A licensed family day home offers childcare within either the provider’s residence or the home of any child under their care. Such homes are authorized to care for a group of five to twelve children under the age of 13, excluding the provider’s own children and any other children residing in the home, provided that at least one child receives compensated care.

Required documentation

The Department of Education’s Child Care Application Processing System online portal requires the submission of various documents alongside the licensure application:

• A monthly budget.
• A zoning form signed by the local zoning official.
• Documentation confirming completion of 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 conducted 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, with reference letters not dated more than 12 months prior to the application date. This requirement does not apply to public agencies.
• A credit reference for the business entity, which is not necessary 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 utilize a point-based system to ascertain the appropriate staff-to-child ratio, with a maximum allowance of 16 points per individual staff member:

• Infants aged from birth through 15 months: Assigned four (4) points each.
• Toddlers aged 16 months through 23 months: Assigned three (3) points each.
• Children aged two through four years: Assigned two (2) points each.
• Children aged five through nine years: Assigned one (1) point each.
• Children aged 10 years and older: Assigned zero (0) points.

It’s important to consider that the children of staff members and resident children under the age of eight are factored into the point maximums.

Provider and substitute provider qualifications

Family day home providers and substitute providers need to be at least 18 years old, possess a high school diploma or its equivalent, hold current certifications in CPR, first aid, and medication administration training (MAT), and fulfill pre-service and annual training requirements.

Assistant qualifications

Assistants in family day homes must be 16 years old or older. Those under 18 years old must receive constant supervision from the provider or substitute provider while engaging with children.

Assistants who are at least 18 years old should not be unsupervised with children in their care for more than two hours per day. Additionally, assistants left alone with children must possess up-to-date CPR and first aid certifications.

Furthermore, an assistant aged 18 or older who fulfills the qualifications for a substitute provider may assume the substitute provider role when the primary provider is absent from the home for more than two hours.

Staff training

In addition to receiving first aid and CPR training, staff members are required to undergo a minimum of 16 clock hours of training annually.

If a family day home has agreed to administer medications, only a staff member licensed by the Commonwealth of Virginia or one who has completed a medication administration training program may perform this task. Staff members must undergo retraining every three years.

Family day home providers are obligated to maintain written documentation detailing each staff member’s relevant education, programmatic experience, and training. This 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 offers childcare either for 13 or more children at any given location or for two or more children under the age of 13 in a facility that is not the provider’s or any of the children’s residence.

Required documentation

Individuals applying for licensure of a child day center must submit the licensure application and necessary documentation via the Department of Education’s online portal for Child Care Application Processing System.

Staff-to-child ratios

Your child day center is required to uphold suitable staff-to-child ratios whenever children are under your supervision:

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 is required to uphold suitable maximum group sizes at all times when children are under 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

In ongoing mixed-age groups, the staff-to-child ratio and maximum group size requirements that apply to the youngest child in the group are extended to encompass the entire group.

Program director qualifications

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

• Possess a graduate degree in a child-related field and have six months of programmatic experience.
• Hold a bachelor’s degree in a child-related field and possess one year of programmatic experience.
• Complete one year of programmatic experience and acquire 48 semester hours or 72 quarter hours of college credit from an accredited college or university, with at least 12 semester hours or 18 quarter hours focused on child-related subjects.
• Accumulate two years of programmatic experience, including one year in a staff supervisory role, along with one of the following:
  • A one-year early childhood certificate (comprising a minimum of 30 semester hours) from a college or university.
  • A child development credential.
  • A certification of qualification from a recognized Montessori organization.

Program directors lacking 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.

A child day center must ensure the presence of a qualified program director or a qualified backup program director for at least 50% of the center’s operational hours. For centers offering multiple shifts, a qualified program director or backup director should be on-site for at least 50% of the day shift, a minimum of 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, possess a high school diploma or its equivalent, and fulfill one of the following educational qualifications and training prerequisites:

• Possess qualifications equivalent to those required for a program director.
• Hold a bachelor’s degree in a child-related field.
• Accumulate three months of programmatic experience and meet at least one of the following criteria:
  • Obtain a one-year early childhood certificate (comprising a minimum of 30 semester hours) from an accredited college or university.
  • Attain a child development credential.
  • Acquire a teaching diploma from a recognized Montessori organization.
• Garner six months of supervised programmatic experience.

Additionally, a minimum of 12 hours of training in child development, playground safety, health and safety protocols, and the identification and reporting of child abuse and neglect must be completed either six months prior to commencing work as a program leader or within one month of starting in this role.

Program aide qualifications

Child day center program aides in Virginia must be no less than 16 years of age.

Independent contractors and volunteers

Volunteers at child day centers who engage with children must be at least 13 years old. Independent contractors and volunteers at child day centers are not included in the staff-to-child ratios unless they satisfy the qualifications for a relevant staff position. Independent contractors who do not meet staff qualifications must be under the supervision of a staff member when in the presence of children.

Staff training

Staff members at child day centers are required to undergo first aid training, CPR training, and health and safety training.

Irrespective of the kind of daycare center you are establishing, it’s crucial to thoughtfully contemplate the name of your daycare center, develop a comprehensive business plan, and devise an effective marketing strategy to connect with families in your locality who are most in need of your services.

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 essential information

Thoroughly examine the welcome letter from the Virginia Department of Education, along with the Regulations for General Procedures, Standards for Family Day Homes, and background check details to assess whether establishing a family day home aligns with your objectives.

Step 2: Attend pre-licensure orientation

Reach out to the Office of Child Care Health and Safety in your locality to enroll in the Pre-Licensure Orientation Phase 2 for Licensed Family Day Homes. This mandatory orientation session is facilitated by licensing inspectors who will focus on the standards applicable to licensed family day homes and address any queries you may have.

Step 3: Consult your local zoning office for capacity assessment

Contact your local zoning office to ascertain the allowable number of children you can accommodate in your home. Written verification of zoning requirements is necessary as part of the application process.

Step 4: Complete and submit your application

Submit a fully filled initial application for licensure along with the requisite documentation via the Child Care Application Processing System (CCAPS) online portal.

To ensure prompt processing, it is advised to submit the completed application at least 60 days before your intended opening date. Incomplete submissions may lead to delays in the review process. If you require assistance, do not hesitate to reach out to the Office of Child Care Health and Safety in your region.

Step 5: Prepare for home inspection

Get ready for your home inspection. Following the review of your application, a licensing inspector will get in touch with you to schedule an inspection of your home.

Child day center application

Step 1: Review crucial information

Thoroughly examine the welcome letter from the Virginia Department of Education, along with the Regulations for General Procedures, Standards for Licensed Child Day Centers, and background check details to assess the suitability of opening a child day center.

Step 2: Attend pre-licensure orientation

Contact the Office of Child Care Health and Safety in your area to enroll in the Pre-Licensure Orientation Phase 2 for Licensed Child Day Centers. This mandatory orientation session, facilitated by licensing inspectors, will focus on the standards applicable to licensed child day centers and address any inquiries you may have.

Step 3: Submit a functional design plan

Once the location of your child day center is determined, create and submit a functional design plan to the licensing office in your region.

Step 4: Complete and submit your application

Submit a fully filled initial application for licensure along with the required documentation through the Child Care Application Processing System (CCAPS) online portal. To ensure timely processing, it is advisable to submit the completed application at least 60 days before your intended opening date. Incomplete submissions may cause delays in the review process. For assistance, reach out to the Office of Child Care Health and Safety in your locality.

Step 5: Prepare for facility inspection

Get ready for your facility inspection. Following the review of your application, a licensing inspector will get in touch with you to schedule an inspection of your facility.

Maintaining compliance with a daycare license in Virginia

Upon obtaining a childcare license, it is essential to stay compliant with Virginia regulations by undergoing regular inspections and renewing your license as required.

How to stay compliant with a daycare license in Virginia

After obtaining a childcare license, it is imperative to adhere to Virginia regulations by undergoing periodic inspections and renewing your license as necessary to maintain compliance.

Inspection visits

The Virginia Department of Education conducts inspections of licensed childcare programs before their operation, bi-annually, during program development, and in response to complaints. These bi-annual inspections are unannounced, and licensing inspectors employ participant-centered inspection techniques, utilizing tools and strategies to assist providers in understanding their program’s compliance with Virginia regulations.

Inspections comprise six fundamental components:

• Entrance conference: Inspectors briefly introduce themselves, outline the inspection process, and request any necessary items for the inspection.
• Tour: Inspectors conduct a walkthrough of the premises immediately following the entrance conference, observing activities, interactions, physical spaces, and overall health and hygiene conditions.
• Interactions and interviews: Inspectors engage with children, parents, staff members, and the program director to gather information on compliance with standards, particularly regarding care and services provided to children.
• Observations: Inspections commence upon the inspector’s arrival and conclude upon departure. Special attention is paid to staff-child interactions, adherence to internal policies and procedures, and the observed learning and recreational activities.
• Documentation review: Inspectors scrutinize child and staff records, standards, and information acquired during interviews and observations.
• Exit meeting: Inspectors discuss inspection findings with the provider, address any disputed findings or concerns about the inspection process, offer consultation, and request a plan of correction for any identified violations.

License renewal

Each childcare license is granted for a duration of up to three years. The determination of licensure periods is based on the activities, services, management, and compliance history of the facility.

• A three-year license may be granted when the facility consistently exceeds the minimum standards in its activities, services, and management.
• A two-year license may be granted when the facility consistently meets and maintains compliance with minimum standards and may even surpass them in some areas on a sustained basis.
• An annual license may be granted when the facility’s activities, services, and management indicate varying levels of compliance, but substantial compliance is achieved. Some reinforcement and guidance may be necessary for the facility to meet or maintain minimum requirements.

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

For timely processing, it is essential to submit a fully completed renewal application to the Office of Child Care Health and Safety in your region at least 60 days prior to the expiration date of the current license.

Final thoughts

Whether your aspirations involve launching a child day center or a family day home, running a daycare demands significant dedication and meticulous planning. The childcare licensing procedure in Virginia may be time-consuming, yet securing a license for your daycare demonstrates to the Virginia Department of Education and the local community that you are reliable and dedicated to delivering top-notch care to Virginia’s children.

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