West Virginia child care center license: from letter of intent to opening

Thirteen children is the line

West Virginia defines a child care center as a facility that cares for 13 or more children “in any setting,” if it is open more than 30 days a year per child.⁠¹ The rule applies the same way to centers run by a county or municipality and to any individual, firm, corporation, association or organization, public or private.⁠² A center operated by the state gets a certificate of approval rather than a license.⁠²

Below 13 children, there are two home-based tiers. A family child care home cares for 4 to 6 children at once, counting the provider’s own children under six, and needs a certificate of registration. A family child care facility serves 7 to 12 children, in a residence or a separate building, and needs a statement of certification.⁠¹⁠³ If you plan to grow past 12 children, you will need a center license. Starting as a home provider does not carry over into the center license. For the smaller tiers, see the West Virginia family child care home registration guide.

Several programs are outside the licensing requirement under W. Va. Code § 49-2-113(e):⁠³

• Kindergarten, preschool or school programs run by a public school or accredited by the West Virginia Department of Education, and any other kindergarten, preschool or school program whose sessions do not exceed four hours a day for any child.
• Private, parochial or church school programs recognized by the Department of Education under Policy 2330.
• Occasional care while parents shop, attend religious services or handle other business.
• Summer recreation camps with sessions of 30 days or less.
• Out-of-school time programs funded by a Department of Education grant and monitored by that department.
• Out-of-school time programs for children six and older that meet four conditions (or that are affiliated and in good standing with a national congressionally chartered organization). The facility meets fire and health codes. The program runs state and federal background checks on all staff and volunteers. Its main source of funding is not fees for service (county parks and recreation programs and municipalities are exempt from this condition). And it has a formal monitoring system.

Even an exempt out-of-school time program must register with the Department when it starts and every year after that.⁠³ A center that serves school-age children before and after school is licensed under a separate rule, 78CSR21. 78CSR1, the rule this guide covers, governs programs for children younger than school age.⁠¹¹

Operating a center without a license is a misdemeanor. The penalty is up to one year in jail, a fine of up to $500, or both.⁠⁹

Your capacity decides who can direct the center

78CSR1 sorts centers into three types by licensed capacity, and the director’s minimum qualifications rise with each type. Every director must be at least 21, have at least one year of relevant work experience, and have a high school diploma or equivalent. On top of that, they need one of the credentials below.⁠²

Two practical consequences follow. In a Type I or Type II center, the director may also teach a group but must log those hours. In a Type III center, the director may not have regular responsibility for a group.⁠² And the governing body has to submit the director’s qualifications to the Secretary in writing for approval before hiring them.⁠² The Letter of Intent asks you which of these qualifications you hold before you ever get an application.⁠⁵

If the director is absent, a designated person-in-charge must cover. That person needs at least teacher qualifications.⁠²

Before the application: letter of intent and three outside approvals

The Division of Early Care and Education posts a “Needs Assessment and Letter of Intent to Operate a Child Care Center” on its Child Care Centers page.⁠⁴ The form says plainly that it is not an application. You mail it to the Child Care Regulation Unit, 350 Capitol Street, Room B-18, Charleston, WV 25301. After the Division reviews it, it mails you a licensing application.⁠⁵

The form asks about local child care demand: waiting lists, unfilled spaces, local fees and wages. It also asks for your statement of purpose, your director qualifications, your financing, and whether you are registered with the Secretary of State and comply with local zoning.⁠⁵ It also asks about three state approvals that a license depends on:

• State Fire Marshal. Request a preliminary inspection or plan review at (304) 558-2191. The report must be submitted with your application, and no license is granted without the Fire Marshal’s approval.⁠⁵ Activity space in a basement is allowed only if the Fire Marshal approves it.⁠²
• County health department. Ask your local health department for a preliminary inspection or plan review. No license is granted without the proper health permits.⁠⁵ The Division’s packet says a center without a kitchen the Fire Marshal and health office can approve may arrange catered meals instead.⁠⁶
• Department of Agriculture. Request the Day Care Integrated Pest Management Plan packet at (304) 558-2209. Return it and get the program supervisor’s approval letter.⁠⁵⁠⁶ The statute requires the child care rules to incorporate this pest management program.⁠¹⁰

If you are buying or leasing a building constructed before 1978, the Letter of Intent says you need a lead risk assessment. The state Lead Program is at (304) 558-2981.⁠⁵

The Division’s packet explains the order. Once you have the Fire Marshal and health department reports and the pest management approval letter, you can make better financial decisions about whether to go ahead.⁠⁶ In practice, get those reports on a specific building before you sign a long lease.

Six months of operating money, verified

West Virginia applies a financial test that most states do not. The Letter of Intent states that operators are expected to have access to at least six months of operating expenses. It warns that “an initial license will not be issued if access to funds are not available and verified,” and that consumer credit cards or accounts are not acceptable financing.⁠⁵ The form encourages applicants to work with the Small Business Administration on a business plan and asks whether you have one.⁠⁵ The statute also requires the Secretary’s pre-license investigation to cover the applicant’s financial records and “resource need.”⁠⁷

Space, toilets and the playground

Your licensed capacity is the lowest of three separate calculations: indoor space, outdoor space and bathroom fixtures.⁠²

Usable indoor space excludes corridors, vestibules, areas used only for eating or napping, bathrooms, offices, kitchens, laundry and furnace rooms, storage, and floor covered by furniture other than children’s tables, chairs, play shelving and changing surfaces.⁠² The Division’s packet gives an example: a building with room for 50 children but only three toilets and three sinks is capped at 45.⁠⁶ The packet also says the Division sets one capacity for children under two and another for children over two, and a summer school-age program can get its own capacity.⁠⁶

The outdoor area has to be on your premises or immediately next to them. If neither is possible, you need written approval of an alternate space before using it.⁠² For children under school age, the area must be enclosed by a natural barrier or a fence at least four feet high. The fence can have no openings over three and a half inches, and its bottom edge must sit less than three and a half inches off the ground. A play area attached to the building needs at least two exits, one of them away from the building.⁠² Children must get at least one hour of planned outdoor activity each day.⁠² The packet adds that playground equipment must be commercial grade and that fall surfacing must follow the Consumer Product Safety Commission’s public playground guidelines.⁠⁶

Ratios and group sizes

At least two staff members must be on duty whenever children are on the premises. If only one qualified staff member is needed for ratio at opening or closing, the second can be support staff, but the qualified person must have child first aid and current pediatric CPR.⁠² You count every child 12 and under who is present, including the director’s and staff members’ own children. Staff who are cooking, keeping the books or lifeguarding don’t count toward the ratio.⁠²

A mixed-age group uses the ratio and group size for its youngest child.⁠² Stricter ratios apply during water activities, starting at one staff member per child for infants 12 months and under.⁠² For routine pick-up and drop-off, a second adult must ride along whenever the vehicle carries more than four children, or more than two children if any of them is under two.⁠² Drivers must be at least 21, with a safe driving record for the five years before hire.⁠²

Hiring: WV CARES, health assessments and training

Background checks. Each staff member and volunteer needs a state and federal fingerprint-based check through WV CARES (the West Virginia Clearance for Access: Registry and Employment Screening program). The signed self-disclosure and consent form must be uploaded to WV CARES no later than the date of hire. No one may work with children until the center receives a fitness determination from the WV CARES unit.⁠² The rule also requires sex offender registry checks and abuse and neglect registry searches in every state the person has lived in during the past five years. The registry searches are repeated every five years.⁠² References are required too: three for the director and two for everyone else.⁠²

Health. Each employee needs a health assessment signed by a licensed health care provider and done no more than 90 days before hire. It must be on file within 30 days of starting and updated every two years. It includes vision and hearing screening and a tuberculosis risk assessment.⁠²

Staff qualifications. Every qualified staff position requires a high school diploma or GED.⁠² Assistant directors and lead teachers must be at least 21 with one year of relevant experience. Teachers must be at least 18 with one year of experience, and assistant teachers and teaching assistants at least 18.⁠² You may hire a lead teacher or teacher conditionally for up to three months while they finish pre-service education and training.⁠²

Training. West Virginia sets training on a fixed schedule:⁠²

1. Before caring for children

   Everyone completes approved pre-service training: the ten federal Child Care and Development Block Grant health and safety modules, covering safe spaces, emergency preparedness, hazardous materials, shaken baby, safe sleep and SUID, infectious diseases, medication administration, food allergies, transportation and child development.

2. Within three months

   Current pediatric CPR and first aid, plus child abuse recognition and prevention training.

3. Before giving any medication

   Training from an approved source in medication administration.

4. Before opening an infant or toddler program

   Each qualified staff member caring for children 24 months and under needs at least 40 hours of approved infant/toddler training. You submit the evidence to the Secretary.

5. First year

   15 hours of approved training. For the director, 6 of those hours must be in management. For other qualified staff, 6 must relate to the age group they teach.

6. Every year after

   At least 15 hours of approved training. All qualified staff must also apply for a credential on the WV STARS Career Pathway.

A parent on the governing body

Every center needs a governing body. It must include at least one parent of a currently enrolled child. If no parent is available, the center sets up a parent advisory committee instead.⁠² Staff members, their family members, and employees of any agency that regulates the center or makes eligibility decisions for it may not serve. The director can sit as a non-voting ex-officio member. The body meets at least four times a year and keeps written minutes. It also evaluates the director every year.⁠² A sole proprietor who is not incorporated may act as the governing body, but must still appoint a parent advisory committee that meets four times a year.⁠²

Before opening, the operator and every governing body member must sign a statement that they have read 78CSR1 and are responsible for complying with it.⁠²

The documents you need on paper

Before approving a new center, the statute requires the Secretary to review its emergency evacuation plan and its proposed plan of care from intake to discharge.⁠⁷ The rule requires these documents:⁠²⁠³

• Statement of purpose. It covers the type of care and programs, the goals for each, the ages served, days and hours, admission and discharge policies, and how you reduce the risk of harm.
• Administrative manual. It contains dated policies on confidentiality and records, admission and discharge, and personnel. The personnel policies must include background checks, drug and alcohol screening, and a statement of workers’ compensation and unemployment compensation coverage or exemption. The manual also covers behavior management, abuse reporting, health, attendance, emergencies, transportation and grievances.
• Written grievance procedure for families and employees, with signed acknowledgments.
• Evacuation plan. It names a nearby and a more distant relocation site and explains how families are notified and reunited. It must be coordinated with local emergency management and updated by December 31 each year. The Division posts an Emergency/Disaster Planning Form for centers.⁠⁴
• Menus that follow USDA Child and Adult Care Food Program meal patterns, with food offered at intervals of no more than three hours and no more than four hours between meals or snacks for any child.⁠² The Division’s packet says a licensed dietitian or qualified nutritionist must review the nutrition program unless the center participates in CACFP.⁠⁶ The rule’s amendment checklist likewise asks for menus developed by a dietitian or nutritionist, or proof of CACFP participation.⁠²

You also have to tell parents about your liability insurance, including whether accidents and injuries are covered.⁠² You must keep child records for at least three years after discharge. A center with more than one site may keep all staff records at a central location only if that location is in West Virginia.⁠² Plan for fire drills twice a month during regular hours, plus monthly drills during any evening or nighttime program.⁠²

Applying, in order

1. Send the Needs Assessment and Letter of Intent

   Download it from the Division’s Child Care Centers page, along with the information packet and the licensing staff map.⁠⁴ Answering the questions on director qualifications, financing and approvals shows you where you stand.⁠⁵

2. Lock down the building’s approvals

   Get the Fire Marshal’s preliminary inspection or plan review, the county health inspection, the Department of Agriculture pest management approval, and a lead risk assessment if the building predates 1978.⁠⁵

3. Set up the business

   Register the business and file with the Secretary of State, confirm zoning, and document access to six months of operating expenses.⁠⁵

4. Complete the application the Division mails you

   Applications are filed separately for each center.⁠⁷ An incomplete application is treated as withdrawn if it isn’t completed within 90 days of submission.⁠² Have the director’s qualifications approved before you hire them.⁠²

5. Hire and screen

   Run WV CARES checks, collect health assessments and complete pre-service training, plus the 40 infant/toddler hours if you will serve children under two.⁠²

6. Pass the Division’s inspection

   The Secretary investigates the facility, the program and the people responsible for children, including the financial records and the evacuation plan.⁠⁷ The packet says the Division inspects before it issues a license.⁠⁶

7. Receive the initial license

   A new center gets an initial six-month license once it is found compliant on initial review. Post the license where it can be seen.⁠⁸⁠²

Fees and timelines, as published

As published in the Division’s information packet (form ECE-CC-14A, dated May 29, 2018, and still linked from the Child Care Centers page on 2026-10-12), “there is currently no charge for a copy of the regulations or a processing fee for the application.”⁠⁶⁠⁴ Neither 78CSR1 nor the statute sets a license fee.⁠²⁠⁸ The Fire Marshal, health department and WV CARES fingerprinting may charge their own fees. Ask each office.

The statute requires the Secretary to decide each application within 60 days of receipt and to give unsuccessful applicants written reasons.⁠⁷ The packet says that once a completed application arrives, evaluation and the final site inspection can take up to 60 days. It adds that the Fire Marshal and the county health department must issue their approvals before the Division can license you.⁠⁶

The information packet still carries the Department of Health and Human Resources name. The newer Letter of Intent form, issued under the Department of Human Services, gives the mailing address to use: 350 Capitol Street, Room B-18, Charleston.⁠⁵⁠⁶

After the initial license: renewal, changes and enforcement

After the initial six-month license, the Secretary can issue a regular license for up to two years.⁠²⁠⁸ File for renewal at least 60 days before your license expires.⁠² Inspections can be announced or unannounced, and a finding of noncompliance can lead to a required plan of correction.⁠²

A provisional license is for a center that is not fully compliant but poses no significant risk to children. It lasts no more than six months and can’t be reissued back to back, unless the provisional recommendation came from the State Fire Marshal.⁠⁸ The Secretary can also attach conditions to a license, such as limiting ages or reducing capacity, and can deny, refuse to renew or revoke it. A center facing an immediate danger of serious harm can be ordered closed.⁠²

Licenses are tied to the owner and the site:⁠²

• Change of ownership. The new owner must apply and cannot operate until an initial license is issued.
• Relocation. Notify the Secretary at least 60 days before moving, and don’t operate at the new site until it is licensed.
• New program or capacity change. Apply to amend the license. Depending on the change, submit a revised statement of purpose, staff qualifications, a floor plan, a new Fire Marshal report, county health inspection reports, menus or CACFP proof, and a pest management report. The Division posts a Request to Amend a License form.⁠⁴

You can ask for a written waiver or variance of a specific rule. However, inability to comply is not a valid reason for one.⁠²

Pre-K, Head Start, out-of-school time and subsidy billing

• WV Pre-K. Community-based WV Pre-K classrooms must hold a child care center license. Contact your county Board of Education about becoming a Pre-K site.⁠⁶
• Head Start. A Head Start agency with an active federal Notice of Award can ask to be deemed a licensed child care center under 78CSR28, solely so it can use WV CARES background screening.⁠¹²
• Out-of-school time. Before- and after-school and school-holiday programs follow 78CSR21, which also took effect April 1, 2023, and has its own forms.⁠¹¹
• Child care subsidy billing. 2026 House Bill 4191 amended W. Va. Code § 49-2-121. The Department must have a system for electronic filing of all billed days of attendance by July 1, 2026. After that date, any provider seeking reimbursement from the Department must submit all supporting documents electronically.⁠¹⁰

What changed and what’s pending

78CSR1 and 78CSR21 were both filed on March 30, 2023, and took effect on April 1, 2023. Both are set to expire on August 1, 2028, so expect a rewrite or renewal before then.⁠²⁠¹¹ The statute requires the Secretary to review these rules at least every five years.⁠¹⁰ The 2026 change in force is HB 4191’s electronic attendance-billing requirement, described above.⁠¹⁰ The rule text still refers to the Secretary of the Department of Health and Human Resources. Applications now go to the Department of Human Services, Bureau for Family Assistance, Division of Early Care and Education.⁠²⁠⁴

Sources

1. 1
   West Virginia Legislature, W. Va. Code § 49-1-206, definitions (child care center, family child care home and facility) Checked 12 Oct 2026 · Back to text ↑
2. 2
   West Virginia Department of Human Services, Bureau for Family Assistance, 78CSR1, Child Care Centers Licensing (effective April 1, 2023) Checked 12 Oct 2026 · Back to text ↑
3. 3
   West Virginia Legislature, W. Va. Code § 49-2-113, licensure, certification, approval and registration; exemptions Checked 12 Oct 2026 · Back to text ↑
4. 4
   West Virginia Department of Human Services, Bureau for Family Assistance, Child Care Centers Checked 12 Oct 2026 · Back to text ↑
5. 5
   West Virginia Department of Human Services, Division of Early Care and Education, Needs Assessment and Letter of Intent to Operate a Child Care Center Checked 12 Oct 2026 · Back to text ↑
6. 6
   West Virginia Department of Health and Human Resources, Division of Early Care and Education, Child Care Center Information Packet (ECE-CC-14A, 05/29/18) Checked 12 Oct 2026 · Back to text ↑
7. 7
   West Virginia Legislature, W. Va. Code § 49-2-114, application for license or approval Checked 12 Oct 2026 · Back to text ↑
8. 8
   West Virginia Legislature, W. Va. Code § 49-2-115, conditions of licensure, approval and registration Checked 12 Oct 2026 · Back to text ↑
9. 9
   West Virginia Legislature, W. Va. Code § 49-2-120, penalties; injunctions; venue Checked 12 Oct 2026 · Back to text ↑
10. 10
    West Virginia Legislature, W. Va. Code § 49-2-121, rule-making (amended by 2026 HB 4191) Checked 12 Oct 2026 · Back to text ↑
11. 11
    West Virginia Department of Human Services, Bureau for Family Assistance, 78CSR21, Out-of-School-Time Child Care Center Licensing Requirements (effective April 1, 2023) Checked 12 Oct 2026 · Back to text ↑
12. 12
    West Virginia Department of Human Services, Bureau for Family Assistance, 78CSR28, Deemed Head Start Child Care Center Licenses (effective April 1, 2023) Checked 12 Oct 2026 · Back to text ↑

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