How to Get a Daycare License in Virginia: Zoning, Inspection, and Renewal

To get a daycare license in Virginia, you apply to the Virginia Department of Education (VDOE), which took over childcare licensing from the Department of Social Services in 2021.¹ The exact credential you need depends on where you plan to operate and how many children you’ll serve, but the path is the same in outline: pick your program type, clear zoning, pass background checks, complete health and orientation training, then submit a full packet and host a licensing inspector. Operating without a license is a Class 1 misdemeanor, and each day counts as a separate offense.²

Figure Out Which License You Need

Virginia law sorts childcare into three categories, and the one you fall into drives every other requirement.

A family day home runs out of the provider’s residence (or the home of a child in care) and serves one through twelve children under age 13, not counting the provider’s own children or children who live in the home. A license is required if you plan to care for five or more children under that count. You also need a license or voluntary registration if more than four children under age two are in care, because the provider’s own and resident children do count toward the under-two limit.³

A voluntarily registered family day home serves fewer than five children (again, not counting the provider’s own or resident children). Registration is optional. It’s filed with the Superintendent and renewed every two years.⁴

A child day center is a program that either operates in a non-residential location with two or more children, or serves thirteen or more children anywhere, including a home. Centers face separate building codes, staffing ratios, and insurance minimums that don’t apply to home-based providers.³

Get Zoning Approval

Your first practical move is contacting the local zoning office. VDOE requires a zoning form signed by a local zoning official in the application packet, confirming that childcare is a legally permitted use at your address.⁵

This is often the slowest step. In many Virginia localities, when a home-based provider applies for a zoning permit, the county must notify adjacent property owners, who then have a 30-day window to file written objections. If no objections come in and the zoning administrator approves the use, the permit is issued. Timelines and fees vary by county and city, so call your local planning office early.

Clear the Background Checks

Every applicant, every adult household member in a home-based facility, and every employee has to go through two separate checks. Failing to complete them is grounds to deny or revoke a license outright.⁶

A Central Registry search of Virginia’s child abuse and neglect database. A founded complaint is disqualifying unless the Superintendent grants a waiver.
A fingerprint-based criminal history check against state and FBI databases for any “barrier crimes” defined in Virginia Code 19.2-392.02, which include violent offenses, sexual offenses, and certain drug crimes.

If anyone connected to the program has a disqualifying record and hasn’t received a waiver, that person has to be removed from involvement with the facility. Refusing gives the Superintendent authority to revoke or deny the license.⁶ Keep the originals on file at the facility for inspector review.

Complete the Health Certifications

Tuberculosis Screening

Every staff member needs documentation of a negative TB screening before any contact with children. The screening must be completed within 30 calendar days of the employment start date and signed by a physician, a physician’s designee, or a local health department official. A clearance statement confirming no active symptoms, a negative skin test, or a chest X-ray showing no active disease all qualify.⁷

CPR and First Aid

At least one staff member in each room where children are present must hold current CPR and first aid certifications. CPR training must match the ages of the children in care, so if you serve infants and toddlers, pediatric resuscitation needs to be covered. Training has to come from a recognized organization (American Red Cross, American Heart Association, American Safety and Health Institute, or National Safety Council) and must include an in-person skills demonstration.⁸

Finish Pre-Licensure Orientation

Virginia requires prospective licensees to complete a two-phase orientation before applying. Phase 1 is a self-guided training on Virginia’s legal framework, the application steps, and what to expect during an inspection. Phase 2 is led by a VDOE licensing representative and covers the specific health and safety standards your facility must meet.⁹ You’ll receive a certificate of completion for Phase 2 that goes into the application packet. Don’t skip Phase 1; Phase 2 assumes you already know the material from the first session.

Carry the Right Insurance (Centers Only)

Child day centers must carry public liability insurance for bodily injury with minimums of $500,000 per occurrence and $500,000 in aggregate. Government-sponsored programs may substitute equivalent self-insurance that complies with the Code of Virginia. An inspector can ask to see proof of coverage at any time.¹⁰

Family day homes aren’t under the same mandate. Carrying liability coverage anyway is still a sensible move, since a single injury claim could easily exceed what a home-based provider could pay out of pocket.

Draft the Emergency Preparedness Plan

Every licensed child day center must have a written emergency preparedness plan developed in consultation with local or state emergency authorities. The plan has to cover the scenarios most likely in your area: fire, severe storms, utility failures, natural disasters, chemical spills, intruders, and nearby violence.¹¹ At a minimum it needs detailed procedures for:

Evacuation: assembly points, primary and secondary exit routes, ways to account for every child, securing attendance records and emergency contacts, accommodations for infants and children with special needs, and a parent reunification process.
Shelter-in-place: designated safe locations within the building, procedures for events like tornadoes or chemical hazards, and communication methods for parents and responders.
Lockdown: steps for securing the facility, accounting for all children and staff, and coordinating with law enforcement.
Communication: a designated emergency officer with a 24-hour contact number, plans for notifying parents and local authorities, and backup communication tools.

Your inspector will review this plan at the initial visit, so draft and organize it before you apply.¹¹

Submit the Application and Host the Inspection

Once zoning verification, background clearances, TB screenings, CPR and first aid certifications, orientation certificate, and (for centers) insurance proof are in hand, submit the full packet to VDOE. Applicants can mail physical forms to their regional Office of Child Care Health and Safety or upload everything through VDOE’s online portal.⁹

Virginia typically charges an application fee, but as of this writing VDOE is not collecting application fees through June 2026.¹² Check the VDOE website before submitting to confirm whether fees have resumed.

After VDOE receives a complete application, a licensing inspector is assigned and will schedule an onsite visit. The inspector evaluates the facility against Virginia Administrative Code standards: physical hazards, adequate indoor and outdoor space, equipment, record-keeping, emergency contact procedures, and every standard noted above. VDOE allows up to 60 days for review and approval after receiving a complete application. If the inspector finds deficiencies, you’ll need to correct them before a license is issued, and a follow-up visit will be scheduled to confirm compliance.

Know the Staffing Rules You’ll Be Inspected Against

Staffing rules are different for home-based and center-based programs, and the inspector will check that your plan matches whichever applies.

Family Day Homes

Licensed family day homes use a point system rather than simple ratios. No single caregiver may exceed 16 points at any time:

Birth through 15 months: 4 points per child
16 months through 23 months: 3 points per child
2 through 4 years: 2 points per child
5 through 9 years: 1 point per child
10 years and older: 0 points

The provider’s own children and any resident children under eight count toward the total. A caregiver has to be physically on site and providing direct supervision, meaning close enough to intervene if needed.¹³

Child Day Centers

Centers must maintain staff-to-child ratios based on the age groups served, as set out in 8VAC20-780-340. Ratios are stricter for infants and toddlers and loosen as children get older. Before opening, review the full ratio table in the Virginia Administrative Code and build the staffing plan around the youngest age group you intend to serve, since that group drives your minimum staffing numbers.

Plan the Renewal Before It’s Due

Licenses don’t last forever. Submit a complete renewal application to the Office of Child Care Health and Safety at least 60 days before the current license expires.¹² Virginia law specifically protects providers who file for renewal before their license expires from being charged with operating without a license while the renewal is pending.² Letting a license lapse without filing a renewal in advance exposes you to misdemeanor charges for every day you keep operating.

1
Virginia Register of Regulations. Vol. 37 Iss. 24 (Final) 8VAC20-780, Standards for Licensed Child Day Centers
2
ACF/HHS Virginia Licensing Regulations Statute. Virginia Code Chapter 14.1 – Early Childhood Care and Education, Article 3, Licensure
3
Virginia Code Commission. Virginia Code 22.1-289.02 – Definitions
4
Virginia Code Commission. Virginia Code 22.1-289.015 – Voluntary Registration of Family Day Homes
5
Child Care VA. Licensed Family Day Home
6
Virginia Code Commission. Virginia Code 22.1-289.037 – Revocation or Denial of Renewal Based on Background Checks
7
Cornell Law Institute. 8 Va. Admin. Code 20-780-160 – Tuberculosis Screening for Staff and Independent Contractors
8
Virginia Code Commission. 8VAC20-780-530 – First Aid Training and Cardiopulmonary Resuscitation (CPR)
9
Child Care VA. Become a Licensed Provider
10
ACF/HHS Virginia Licensing Regulations. Chapter 780 Standards for Licensed Child Day Centers
11
Virginia Code Commission. 8VAC20-780-550 – Procedures for Emergencies
12
Child Care VA. Licensed Child Day Centers
13
ACF/HHS Virginia Licensing Regulations. Chapter 800 Standards for Licensed Family Day Homes