Licensed home-based child care in Virginia: who needs it and how to get it

Licensed, registered or unregulated: where the line falls

Virginia law defines home-based child care as a child day program in the provider’s home, or in the home of one of the children, for one through 12 children under 13. Your own children and any children who live in the home are left out of that count, and at least one child must be cared for for pay ⁠¹. Before July 1, 2026 the same thing was called a “family day home” ⁠⁵. The change came from 2026 Acts chapter 917, which shows in the history line of the definition section ⁠¹. VDOE application forms, the online portal (“Family Day Home” is still the provider type you choose) and the licensing standards in 8VAC20-800 still use the old name ⁠³⁠⁵.

Three counts decide what you need ⁠¹:

The infant rule catches people out. Suppose you have two babies of your own and take in three unrelated babies. That is only three children for the license count, but five children under 2 in total, so you must be licensed or registered ⁠¹.

Voluntary registration is a lighter, separate option for homes with four or fewer children. It runs under 8VAC20-850 through a contracting organization that VDOE engages, and ends in a certificate of registration, not a license ⁠¹²⁠¹³. This guide covers the license. Two more home-based models exist: a home that joins a licensed home-based child care system, and a home approved by local ordinance. VDOE lists the local-ordinance option only for Arlington County (homes and centers) and for homes in Alexandria, Fairfax County and Norfolk, and says voluntary registration is not offered there ⁠¹⁰⁠¹²⁠¹⁴. The state pages do not give those localities’ permit thresholds, capacity limits or fees, so if you live in one of those four places, ask the local office (VDOE’s page links each one) whether you need its approval, a state license or both before you apply.

The provider: who can hold the license

The license comes from the Superintendent of Public Instruction and may be renewed ⁠². It is issued to one specific person and cannot be transferred ⁠⁴. The provider is the person VDOE licenses who has primary responsibility for the children in the home ⁠³. Under 8VAC20-800-140, providers licensed after June 30, 2010 must have ⁠³:

• an age of 18 or older;
• a high school program completion or equivalent, or evidence of meeting admission requirements for an accredited college or university;
• three months of “programmatic experience”, meaning time working directly with children in a group away from the child’s home. A child day center, another family day home, a school, a boys and girls club or a faith-based program all count;
• current CPR suited to the children’s ages, and current first aid. Either must come from the American Red Cross, American Heart Association, American Safety and Health Institute or National Safety Council. A community college, hospital, rescue squad or fire department also qualifies if the CPR card was issued within the last two years or the first aid card within the last three. Registered nurses and LPNs with a current Virginia license don’t need first aid certification.

The procedural rule adds licensing-level conditions in 8VAC20-821-40 ⁠⁴. You must be of good character and reputation. You must disclose any license that was ever revoked, suspended, denied or surrendered. You must “demonstrate financial responsibility” and complete the prelicensure orientation. If you apply through an LLC, partnership or corporation, the background check and age-18 requirements extend to every partner, member, officer, director and agent ⁠⁴.

The provider is also responsible for day-to-day operation, and advertising must not be misleading ⁠³.

Counting children: the 16-point rule

The license states a maximum capacity and an age range ⁠⁴. VDOE sets the capacity based on three things: adequate indoor and outdoor space for free movement and active play, any other person you care for who needs special attention, and any special order limiting capacity ⁠³. The space standard is qualitative. 8VAC20-800-380 says only that each child must have “adequate space to allow free movement and active play indoors and out” ⁠³. Your zoning approval may set a lower number than VDOE would. The state tells applicants to ask the local zoning office “to determine the number of children you may request to care for in your home” ⁠⁵.

Separately, 8VAC20-800-570 limits each caregiver to 16 points ⁠³:

Your own children and resident children under 8 count toward the points, even though they don’t count toward licensed capacity ⁠³. For example, if your own 3-year-old is home, that uses 2 points. You could then care alone for two infants (8 points) and three preschoolers (6 points), reaching 16. Any further enrolled child would require a second caregiver. School-agers aged 10 and up cost nothing on points, so a home serving mostly older children can reach 12 enrolled with one adult. An infant-heavy home cannot.

A caregiver must be physically present and supervising every child at all times. Sleeping infants must be within sight and hearing, checked in person at least every 15 minutes, or watched on a baby monitor. Only school-age children may play outside while you are indoors, and only if you can hear them ⁠³.

Assistants, substitutes and household members

Virginia defines three caregiver roles ⁠³:

• Assistant. At least 16. An assistant under 18 must always work within your sight or hearing. An assistant aged 18 or older may be left alone with the children for no more than two hours a day, and only with current CPR and first aid.
• Substitute provider. Someone with the same qualifications as the provider (18+, education, three months’ experience, CPR, first aid). A substitute takes over whenever you are away for more than two hours. Substitute use is capped at 240 hours per calendar year, and the substitute must sign in and out each day.
• Household members. Everyone 14 or older who lives in the home must meet the background check rules ⁠³. Each must request a Virginia Central Registry check within seven days of turning 14 or moving in ⁠⁴.

You must orient assistants and substitutes by the end of their first week. The orientation covers emergency procedures, confidentiality and mandated reporting of child abuse, and must be documented with both signatures ⁠³. Every caregiver and adult household member needs a VDH Report of Tuberculosis Screening completed within the previous 30 days, then a new one every two years ⁠³. Parents must be told in writing how much time per week someone other than you will care for their child. The statute and the parent-information rule both require this ⁠¹⁠³.

Background checks and what they cost

Every applicant, caregiver, household member 14 and older, and person named in the business-entity section of the application needs background checks ⁠³⁠⁴⁠⁵. VDOE describes three required parts ⁠⁷:

• a sworn disclosure or affirmation;
• a national fingerprint-based criminal history check through the Virginia State Police and the FBI;
• a Virginia Child Abuse and Neglect Central Registry search.

Anyone who has lived outside Virginia in the last five years needs additional out-of-state checks ⁠⁷. A barrier crime under Code § 19.2-392.02 makes a person ineligible ⁠⁷. A license cannot be granted while anyone covered has such a conviction or a founded child-abuse complaint, unless VDOE has granted a waiver ⁠⁴.

Fingerprints are taken by VDOE’s vendor, Fieldprint, and paid at scheduling. As published on 2026-10-12, the fee is $66.23 per person, or $46.23 for volunteers, effective October 1, 2026. The Central Registry search costs $12 through the VDSS online portal ⁠⁷. After you submit an initial application, VDOE emails instructions for getting a Fieldprint facility ID ⁠⁷. For the application itself, the sworn statement must be dated within the last 30 days and the other checks within the last five years ⁠⁵.

Zoning: the 1-4 and 5-12 split in state law

Code § 15.2-2292 makes zoning part of the license threshold ⁠⁸:

• 1 to 4 children (not counting your own or resident children): local zoning must treat the home as single-family residential use. The locality cannot impose conditions more restrictive than those on a home occupied by people related by blood, marriage or adoption.
• 5 to 12 children: a locality may adopt an ordinance letting the zoning administrator issue a permit administratively. If it does, you must send notice by registered or certified letter to every adjacent property owner. If no one objects within 30 days and you meet the ordinance, the permit issues. If someone objects, the administrator may still issue or deny it, or, if the ordinance requires, refer it to the governing body. An applicant who is denied administratively may ask for a hearing after public notice.

Subsection A, the by-right rule for 1 to 4 children, does not apply in a county or city governed by Code § 15.2-741 or § 15.2-914 ⁠⁸. VDOE requires written zoning verification with the application ⁠⁵. At renewal, it asks for new zoning verification if you are changing capacity or your special use permit has expired ⁠⁵.

Setting up the house: rules inspectors check

8VAC20-800 is a detailed rule, and these are the items most likely to need work or money before the first inspection ⁠³:

• A landline telephone. It must work without electricity and be accessible during operating hours. A cell phone or cordless phone may supplement it but cannot replace it (8VAC20-800-330).
• Firearms. Store them unloaded in a locked container, apart from ammunition. Ammunition stays locked up during operating hours, and keys must be out of children’s reach (8VAC20-800-270).
• Water. Any outdoor play area within 30 feet of an in-ground pool, pond or unfenced fountain needs a nonclimbable barrier at least 4 feet high. Above-ground pool ladders must be locked or removed. Children in care may not use hot tubs, which must be covered while children are present. Children who are not potty trained may not use portable wading pools (8VAC20-800-260).
• Traffic. The same 4-foot barrier is required for play areas within 30 feet of streets with speed limits over 25 mph or heavy traffic, and of railroad tracks (8VAC20-800-500).
• Play equipment. Climbing heights may not exceed 6 feet for school-age children or 4 feet for preschoolers. Stationary equipment may not be installed over concrete, asphalt or any other hard surface and must sit at least 6 feet from other play structures and obstacles. Trampolines may not be used during care hours (8VAC20-800-500).
• Heat and fire. Heaters, stoves and fireplaces need barriers or screens and 3 feet of clearance from combustibles. Unvented fuel-burning heaters, such as kerosene and unvented gas heaters, cannot be used while children are present. Wood stoves, fireplaces and chimneys must be inspected annually, with documentation. If the inspector sees missing smoke detectors or extinguishers required by the building and fire codes, VDOE will call in local fire or building officials, and you must follow their direction (8VAC20-800-320).
• Outlets. Child-resistant covers larger than 1-1/4 inches are required on unused outlets within reach of children under 5 (8VAC20-800-320).

For nighttime care where a child sleeps more than two hours, caregivers must stay awake until every child is asleep and sleep on the same floor. Children of the opposite sex over age 6 need separate sleeping and dressing areas ⁠³.

Written plans and parent paperwork required before opening

Before a child’s first day, each family must receive a written packet listing 19 items in 8VAC20-800-70, and you must keep their signed acknowledgment ⁠³. The list includes hours and closures, fees, medication and discipline policies, pets, termination policy and your emergency plan. It also includes a statement of whether you carry liability insurance of at least $100,000 per occurrence and $300,000 aggregate ⁠³.

Virginia does not require liability insurance. Code § 22.1-289.050 requires you to tell parents in writing whether you have it, and you may not claim coverage below the department’s minimum ⁠⁹. If coverage lapses, you must notify each family within 10 business days and get a new acknowledgment. Acknowledgments stay on file for 12 months after the child leaves, and failing to give the notice carries a civil penalty of up to $500 per failure ⁠⁹.

You also need a written emergency preparedness and response plan ⁠³. It must cover evacuation, relocation and shelter-in-place for fire, severe storms, flooding, tornadoes and loss of utilities. It must name a backup adult who can reach your home within 10 minutes. Review it yearly and document the review. Evacuation drills are monthly, with every shift, and shelter-in-place drills at least twice a year. Drill records are kept for one year ⁠³.

If you plan to give medication, the caregiver must hold a current Virginia license to give medications or complete Board of Nursing-approved training taught by a nurse, physician or pharmacist, and retrain every three years ⁠³.

Applying: VDOE’s seven steps in order

VDOE’s Office of Child Care Health and Safety runs the process through regional offices ⁠⁵:

1. Take Phase I training. This online Pre-Application Training covers the process and points to consider. It is “highly recommended”, not required ⁠⁵.
2. Read the rules. These are 8VAC20-800, 8VAC20-821 and VDOE’s background check page ⁠⁵.
3. Attend Phase 2 Pre-Licensure Orientation. Sign up through your regional office. This orientation is required, and licensing inspectors lead it, focusing on 8VAC20-800 ⁠⁵. The rule lets VDOE waive it or license you on condition that you complete it. If you completed it before and were never denied or revoked, you don’t repeat it ⁠⁴.
4. Get written zoning verification from your local zoning office ⁠⁵.
5. Use applicant support office hours if useful. VDOE holds these each month to review documents and answer questions about the application ⁠⁵.
6. Upload the complete application. Use VDOE’s online portal, choosing “Family Day Home” as the provider type and “initial application” as the purpose ⁠⁵. Required attachments ⁠⁵:
   • VDOE’s budget form and the zoning form signed by the zoning official;
   • proof that you completed Phase II orientation;
   • proof of age for you, assistants and substitutes;
   • proof of your education and programmatic experience;
   • current CPR and first aid cards;
   • Tuberculosis screening results for all caregivers and adult household members, completed within the last 30 days;
   • background checks for all caregivers, household members and business-entity individuals;
   • three reference letters for each business-entity individual, dated within 12 months, from unrelated people who have known the person at least one month;
   • a credit reference for the business entity;
   • a State Corporation Commission fictitious name filing if you will operate under another name;
   • formation papers, if you use an entity.
7. Pass the home inspection. When the application is complete, an inspector calls to schedule a visit. No license issues without it ⁠⁵⁠⁶.

Submit at least 60 days before your planned opening date. VDOE warns that incomplete applications delay review ⁠⁵. An application still incomplete six months after VDOE received it is closed, and you must start again ⁠⁴. You may not take children before you hold a license or a conditional license ⁠⁴. A conditional license may be issued so a new applicant can show compliance. It lasts up to six months in total, including any renewal ⁠⁴. If VDOE refuses a license, you generally must wait six months before applying again ⁠⁴. The agency publishes no target processing time beyond the 60-day lead ⁠⁵.

Fees as published

Application fees are nonrefundable. The date VDOE receives the fee counts as the application date ⁠⁴. The rule fee is per program, and the background check fees apply to each person checked ⁠⁴⁠⁷. VDOE’s statement that it is not collecting application fees covers renewals as well as initial applications ⁠⁵.

After licensure: inspections, renewal and annual training

Under 8VAC20-821-30 the license runs two years from its effective date, and VDOE may lengthen or shorten that term ⁠⁴. The statute now allows home-based child care licenses of up to three years ⁠², so check the dates printed on your license. It must be posted in a conspicuous place ⁠⁴. VDOE inspects before you open, during program development, in response to complaints, and twice a year on mandated visits that are unannounced ⁠⁶. Inspectors assign each violation of key standards a risk rating using VDOE’s risk matrix and ask for a plan of correction at the exit meeting ⁠⁶. Where a program is substantially out of compliance and children’s health and safety is at risk, sanctions include civil penalties of up to $500 per inspection ⁠⁴.

Each caregiver needs 16 clock hours of training a year in job-relevant topics, on top of CPR and first aid ⁠³. Examples include child development, behavior guidance, nutrition, child abuse recognition, emergency preparedness and communicable disease.

To renew, upload a complete renewal application through the portal at least 60 days before the license expires ⁠⁵. The rule makes you responsible for renewing even if you never receive a reminder notice ⁠⁴. Renewal requires new background checks and a showing of compliance ⁠⁴. If you are temporarily out of compliance, VDOE may issue a provisional license for up to six months ⁠⁴.

Getting paid through the Child Care Subsidy Program

Subsidy participation is a separate approval from the license. You apply through VDOE’s Subsidy Provider Application portal and must be approved before the state will pay for any child ⁠¹⁰. Licensed home-based child care is its own provider category in that application ⁠¹⁰. Every approved vendor must also enter a vendor agreement with VDOE ⁠¹¹. Publicly funded programs must also take part in VQB5, Virginia’s quality measurement and improvement system ⁠¹⁰.

The subsidy rules in 8VAC20-790-250 add training. Before approval, the prospective vendor must complete VDOE’s Virginia Preservice Training for Child Care Staff, which has 14 modules from safe sleep and shaken baby prevention to an introduction to the subsidy program. Caregivers must then attend at least 16 hours of training a year, including VDOE’s health and safety update course ⁠¹¹.

What changed recently

• July 1, 2026: “Family day home” became “home-based child care” in the Code. The changes came from 2026 c. 917, which also amended the insurance notice section ⁠¹⁠⁵⁠⁹. The Board of Education’s rules (8VAC20-800, 8VAC20-821, 8VAC20-850) had not been retitled as of 2026-10-12 ⁠³⁠⁴⁠¹³.
• October 1, 2026: Fingerprint processing fees became $66.23, or $46.23 for volunteers ⁠⁷.
• Through December 2027: VDOE is not collecting license application fees ⁠⁵.
• 2021: The licensing standards moved from VDSS rule 22VAC40-111 to VDOE as 8VAC20-800, effective July 1, 2021 ⁠³. Older guidance may cite the former section numbers, 22VAC40-111.

If your plans outgrow 12 children or move out of your residence, the next step is a licensed child day center. Other Virginia care licenses are listed on the Virginia state page.

Sources

1. 1
   Virginia General Assembly, Legislative Information System, Code of Virginia § 22.1-289.02, Definitions Checked 12 Oct 2026 · Back to text ↑
2. 2
   Virginia General Assembly, Legislative Information System, Code of Virginia § 22.1-289.011, Licenses required Checked 12 Oct 2026 · Back to text ↑
3. 3
   Virginia Administrative Code, 8VAC20-800, Standards for Licensed Family Day Homes Checked 12 Oct 2026 · Back to text ↑
4. 4
   Virginia Administrative Code, 8VAC20-821, General Procedures for the Licensure of Child Day Programs and Family Day Systems and Background Checks Checked 12 Oct 2026 · Back to text ↑
5. 5
   Virginia Department of Education, Office of Child Care Health and Safety, Licensed Home-Based Child Care Checked 12 Oct 2026 · Back to text ↑
6. 6
   Virginia Department of Education, Office of Child Care Health and Safety, Become a Licensed Provider Checked 12 Oct 2026 · Back to text ↑
7. 7
   Virginia Department of Education, Office of Child Care Health and Safety, Background Checks Checked 12 Oct 2026 · Back to text ↑
8. 8
   Virginia General Assembly, Legislative Information System, Code of Virginia § 15.2-2292, Zoning provisions for home-based child care Checked 12 Oct 2026 · Back to text ↑
9. 9
   Virginia General Assembly, Legislative Information System, Code of Virginia § 22.1-289.050, Insurance notice requirements for home-based child care Checked 12 Oct 2026 · Back to text ↑
10. 10
    Virginia Department of Education, Becoming a Child Care Subsidy Program Vendor Checked 12 Oct 2026 · Back to text ↑
11. 11
    Virginia Administrative Code, 8VAC20-790, Child Care Subsidy Program Checked 12 Oct 2026 · Back to text ↑
12. 12
    Virginia Department of Education, Office of Child Care Health and Safety, Voluntary Registration for Home-Based Child Care Checked 12 Oct 2026 · Back to text ↑
13. 13
    Virginia Administrative Code, 8VAC20-850, Voluntary Registration of Family Day Homes Checked 12 Oct 2026 · Back to text ↑
14. 14
    Virginia Department of Education, Office of Child Care Health and Safety, Local Ordinance Homes and Centers Checked 12 Oct 2026 · Back to text ↑

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