Virginia child care, camp and ratio rules

Child care licensing

A child day center needs a VDOE license if it cares for 2 or more children under 13 in a building that is not anyone's home, or for 13 or more children at any location. This includes short-term programs such as summer day camps (8VAC20-780-10; Code of Virginia Title 22.1, Chapter 14.1). Home-based child care is licensed separately.

After-school and recreation programs: No license is needed for single-focus instruction such as sports clinics or music, as long as no child under 6 attends and no child attends more than 25 days in 3 months. Also exempt are recreation or instruction programs within weekly hour limits (for example, no more than 6 hours a week for school-age children while school is in session), organized competitive sports leagues, programs where school-age children may come and go freely under a signed parent policy, and programs that run no more than 20 days a year. Local-government recreation programs for school-age children staffed by government employees, school-division programs staffed by division employees, and out-of-school-time programs affiliated with a national organization that meet set conditions are exempt too. Most exempt programs must file an annual notice with VDOE, tell parents in writing, post a notice, and report serious injuries (Code of Virginia §22.1-289.030).

Licensing agency: Virginia Department of Education (VDOE), child care licensing under State Board of Education regulations

Sources: 8VAC20-780-350, Staff-to-children ratio and group size (Virginia Administrative Code); 8VAC20-780-10, Definitions; Code of Virginia §22.1-289.030, Exemptions from licensure

Staff-to-child ratios in licensed centers

Rule: 8VAC20-780-350, Tables 1 and 2. Virginia uses one band from 3 years up to school-age eligible (1:10, group of 30). 'School age' means eligible for public school, that is, 5 or older by September 30. A 5-year-old in kindergarten falls under the school-age ratio, and 4- or 5-year-olds entering kindergarten may be counted as school-age during the summer. School-age children up to 9 are 1:18 and ages 9-12 are 1:20, with no maximum group size for school-age children. In mixed-age groups, the youngest child's ratio and group size apply.

Work out your staffing with the ratio calculator

Summer camps

Overnight summer camps that host 12 or more unrelated minors overnight for any part of more than 2 consecutive days must have a VDH permit and are inspected each year by the local health department. The permit covers water, sewage, grounds, pools, and food (Code of Virginia §§35.1-1, 35.1-18; 12VAC5-440). Day camps are child day programs and need a VDOE child day center license unless they qualify for an exemption, for example a local-government recreation program or a program that runs no more than 20 days a year (Code of Virginia §22.1-289.030). VDH says its summer camp regulations are being updated.

Camp agency: Virginia Department of Health (VDH), Environmental Health (overnight camps); VDOE (day camps licensed as child day centers)

Sources: VDH: Summer Camps; Code of Virginia §35.1-1, definition of summer camp; Code of Virginia §35.1-18, license required; 12VAC5-440, Regulations for Summer Camps

Background checks

All employees and volunteers at licensed child day centers, and at centers exempt under the religious exemption, must have a background check before starting and every 5 years after. The check includes a sworn disclosure, fingerprint-based state and FBI criminal history, a search of Virginia's child abuse and neglect central registry, and criminal, sex offender, and abuse registry checks in any state lived in during the past 5 years. People with a barrier crime or a founded abuse/neglect complaint may not work or volunteer. A new hire may start under supervision once their fingerprint check comes back clear, while other results are pending (Code of Virginia §22.1-289.035). Exempt out-of-school-time programs affiliated with national organizations must also run these checks (§22.1-289.030(B)(11)).

Sources: Code of Virginia §22.1-289.035, background checks for child day centers; Code of Virginia §22.1-289.030 (exempt OST programs)

Giving medication

A center may choose to give prescription medication, over-the-counter medication, or only emergency medication, and it must have a written policy. Every medication needs written parent authorization, which expires or must be renewed after 10 work days unless a physician authorizes long-term use. Medication must be labeled with the child's name, drug, dose, and times. Prescriptions must be in the original pharmacy container, and over-the-counter drugs in the original container with directions. Only staff 18 or older with approved medication administration training (MAT for prescriptions, retrained every 3 years) may give it. Medication is kept locked, and each dose, reaction, and error is logged and reported to parents right away (8VAC20-780-510; 8VAC20-780-245 J).

Free medication administration log

Sources: 8VAC20-780-510, Medication; 8VAC20-780-245, Ongoing training (medication administration)

Reporting child abuse

Listed professionals must report suspected abuse or neglect immediately, and never later than 24 hours. The list includes anyone employed in a school or child day program, paid child care providers, coaches and other adults working with sports organizations, administrators and employees (18 and older) of day camps, youth centers, and recreation programs, and any adult employed by or associated with an organization responsible for children (Code of Virginia §63.2-1509). Reports go to the local department of social services or the state hotline. Starting July 1, 2027, reports must go to the state hotline.

Virginia child abuse hotline: 1-800-552-7096 (how to report). In an emergency, call 911.

Sources: Code of Virginia §63.2-1509, mandated reporters; VDSS: Report Abuse and Neglect; Child Welfare Information Gateway: Mandatory Reporting of Child Abuse and Neglect