West Virginia Childcare Square Footage Requirements (2026)

West Virginia requires a minimum of thirty-five (35) square feet of usable indoor space per child for daily program activities and seventy-five (75) square feet of outdoor activity space per child, applied to child care centers (78 CSR 1 §12.2.a and §12.3.a) and to family child care facilities (78 CSR 18 §18.1.e and §18.1.k)

78 CSR 1 §12.2.a and §12.3.a

family child care homes require a minimum of thirty-five (35) square feet of indoor space per child (78 CSR 19 §7.1.b.7).

78 CSR 19 §7.1.b.7

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.

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West Virginia child care centers set maximum group sizes per age band (distinct from ratio) in Appendix 78-1 E, Table A: max group 8 for ages 6 weeks–12 months (ratio 1:4)

ratio 1:4

12 for 13–24 months (1:4)

1:4

16 for 25–35 months (1:8)

1:8

20 for ages 3 / 36–47 months (1:10)

1:10

24 for ages 4 / 48–59 months (1:12)

1:12

24 for ages 5–school-age / 60 months–school-age (1:12)

1:12

and 32 for school-age (1:16) (78 CSR 1 §10.5.b.1 and Appendix 78-1 E, Table A).

78 CSR 1 §10.5.b.1 and Appendix 78-1 E, Table A

How much indoor space per child does West Virginia require?

West Virginia requires a minimum of thirty-five (35) square feet of usable indoor space per child for daily program activities and seventy-five (75) square feet of outdoor activity space per child, applied to child care centers (78 CSR 1 §12.2.a and §12.3.a) and to family child care facilities (78 CSR 18 §18.1.e and §18.1.k); family child care homes require a minimum of thirty-five (35) square feet of indoor space per child (78 CSR 19 §7.1.b.7).

Does West Virginia require outdoor play space too?

West Virginia requires a minimum of thirty-five (35) square feet of usable indoor space per child for daily program activities and seventy-five (75) square feet of outdoor activity space per child, applied to child care centers (78 CSR 1 §12.2.a and §12.3.a) and to family child care facilities (78 CSR 18 §18.1.e and §18.1.k); family child care homes require a minimum of thirty-five (35) square feet of indoor space per child (78 CSR 19 §7.1.b.7).

What space is excluded when calculating capacity in West Virginia?

Most states exclude hallways, bathrooms, kitchens, offices, and storage from the usable indoor activity space used to compute capacity. Confirm the exact exclusions in the cited West Virginia rule above.