West Virginia Childcare License Exemption Threshold (2026)

In West Virginia, an "informal family child care home" caring for three (3) or fewer children, and "relative family child care" (care only for children related to the caregiver), are exempt from mandatory licensing and registration—though they may voluntarily register

care only for children related to the caregiver

mandatory registration begins at the family child care home level (four to six children), every such home being required to obtain a certificate of registration (W.

four to six children

family child care home = four to six]

W

§49-2-113(d) requires registration of every family day-care home, §49-2-113(e) lists exemptions including related-family care, and §49-2-113(g) provides that any informal or relative family child-care home "may voluntarily register and obtain a certificate of registration").

and §49-2-113(g)

A West Virginia family child care HOME may care for no more than six (6) children under thirteen (13) years of age at any one time, with no more than two (2) under twenty-four (24) months of age, operated by a single caregiver (substitutes only fill in temporarily) (78 CSR 19 §6.6.a).

78 CSR 19 §6.6.a

A "family child care facility" provides care for seven (7) to twelve (12) children (W.

12

Va. Code §49-1-206) and must have two (2) staff members on duty whenever it cares for more than two children under 24 months OR more than six children at the same time (78 CSR 18 §7.1.a)

78 CSR 18 §7.1.a

informal family child care is limited to three (3) or fewer children (W.

3

How many children can I care for in West Virginia without a license?

In West Virginia, an "informal family child care home" caring for three (3) or fewer children, and "relative family child care" (care only for children related to the caregiver), are exempt from mandatory licensing and registration—though they may voluntarily register; mandatory registration begins at the family child care home level (four to six children), every such home being required to obtain a certificate of registration (W. Va. Code §49-1-206 [definitions: informal = three or fewer; family child care home = four to six]; §49-2-113(d) requires registration of every family day-care home, §49-2-113(e) lists exemptions including related-family care, and §49-2-113(g) provides that any informal or relative family child-care home "may voluntarily register and obtain a certificate of registration").

What is the penalty for operating unlicensed in West Virginia?

Operating above the West Virginia exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the West Virginia Department of Human Services (DoHS), Bureau for Family Assistance, Division of Early Care and Education (Child Care Licensing). Effective Jan 1, 2024, the former Department of Health and Human Resources (DHHR) was split into three departments; child care licensing now sits under DoHS. The current child care center rule (78 CSR 1, filed Mar 30, 2023, effective Apr 1, 2023) is captioned 'Department of Human Services,' but its internal definitions (e.g., §78-1-3.52 'Secretary') still reference the 'Secretary of the Department of Health and Human Resources.' about the correct credential before you begin.

Does West Virginia offer a voluntary registration for small providers?

Some states let providers below the exemption threshold register voluntarily. Confirm whether West Virginia offers a voluntary registry with the West Virginia Department of Human Services (DoHS), Bureau for Family Assistance, Division of Early Care and Education (Child Care Licensing). Effective Jan 1, 2024, the former Department of Health and Human Resources (DHHR) was split into three departments; child care licensing now sits under DoHS. The current child care center rule (78 CSR 1, filed Mar 30, 2023, effective Apr 1, 2023) is captioned 'Department of Human Services,' but its internal definitions (e.g., §78-1-3.52 'Secretary') still reference the 'Secretary of the Department of Health and Human Resources.'.