Skip to content

Daycare guide · checked October 2026

How to start a daycare in Virginia

In Virginia, opening a daycare means meeting the rules of the Virginia Department of Education (VDOE), child care licensing under State Board of Education regulations. This guide covers who needs a license, the rules your rooms and staff must meet and the steps to open, with links to the official rules. The Virginia rules were checked in October 2026.

Who needs a daycare license in Virginia

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.

Programs that may not need a license: 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 Virginia centers

AgesChildren per staff memberLargest group
3 years1:1030
4 years1:1030
5 years (not yet school-age eligible)1:1030
School-age eligible up to 9 years1:18Not set

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.

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)

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.

Child abuse hotline: 1-800-552-7096. 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

Steps to open a daycare in Virginia

1. Choose a daycare center or a home daycare

States license daycare centers and home daycares (often called family child care homes) under different rules, with different limits on how many children you can care for. Decide which one you're starting before anything else.

Virginia's license types are described in Who needs a daycare license above. Learn what families near you need, too: your local Child Care Resource and Referral agency (CCR&R) can tell you which ages and hours are hard to find, and our Virginia program finder lists licensed centers near you.

2. Contact VDOE

Daycare licensing in Virginia is handled by the Virginia Department of Education (VDOE), child care licensing under State Board of Education regulations. Contact it before you sign a lease or buy equipment, and ask, in writing if you can:

  • Which license type fits our plans, and how many children can it cover?
  • Is there an orientation or pre-licensing training, and when is the next one?
  • Which inspections and clearances do we need (licensing, fire, health and zoning)?
  • What does it cost to apply, and how long does approval usually take?
  • What do we need to do to accept families who use childcare assistance?

3. Choose a business structure

A daycare can run as a business (such as an LLC) or as a nonprofit, or under an existing nonprofit such as a church. Talk with an accountant or lawyer before you file anything, and get an employer identification number (EIN) from the IRS. It's free.

4. Find a space that can pass inspection

Check zoning before you sign a lease. Then ask the building department, the fire marshal and VDOE what the space needs, including how much indoor and outdoor space per child Virginia requires. Since December 28, 2012, cribs in daycares must meet federal Consumer Product Safety Commission standards.

5. Plan your rooms around the ratios

Virginia's ratios for the ages it confirmed are in the table above. They decide how many staff each room needs, so they shape your whole budget. For infants and toddlers, ask VDOE.

6. Hire staff and run background checks

Run the checks in Background checks for daycare staff above before anyone starts.

Federal rules also require comprehensive background checks for staff of every licensed, regulated or registered childcare provider and every provider that can take childcare assistance. Teach every staff member how to report suspected abuse or neglect (see Reporting child abuse above).

7. Get insured

Talk early to an insurance broker who works with childcare programs. Ask about general liability, abuse and molestation coverage, property coverage and workers' compensation, plus auto coverage if you'll transport children. A home daycare should tell its homeowner's or renter's insurer, since those policies may limit business use.

8. Build a budget and set tuition

Start with payroll (see step 5), then add rent, food, supplies and insurance. Compare your numbers with what other daycares near you charge, and set prices for the enrollment you expect, not a full room. Write down your deposit, late payment, late pickup and absence policies before you enroll anyone.

9. Add childcare assistance and the food program

Ask Virginia's childcare assistance office how to become an approved provider for families who get help paying for care, and ask about the USDA Child and Adult Care Food Program (CACFP), which reimburses eligible daycares for meals and snacks. Programs that take childcare assistance must meet federal health and safety requirements, including background checks, training and inspections.

10. Prepare your enrollment forms and policies

Ask VDOE which records you must keep for each child. Have your forms ready before you enroll anyone, and collect everything before a child's first day.

Medication in Virginia. 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).

11. Fill your spots

Start enrolling before you open, so you aren't paying staff for empty rooms. Tell your CCR&R you're open, check your listing in the state's childcare search once you're licensed, offer tours and keep a waitlist for each age group.

12. Pass your inspections and open

For licensed programs that can take childcare assistance, federal rules require at least one inspection for health, safety and fire standards before licensing, then an unannounced inspection at least once a year. Schedule yours early, train staff on your policies, emergency plan, safe sleep, allergies, medication and pickup rules, and check every child's file before their first day.

Each step is covered in more depth, with examples and sources, in our national guide to starting a daycare.

What we couldn't confirm

Check these points with the state before you rely on them.

  • VDSS publishes the hotline inconsistently. The Report Abuse page lists the toll-free CPS Hotline as (800) 552-7096, but the VDSS homepage shows (804) 786-8536 for 'In Virginia' and (800) 552-7096 for 'Out-of-state'. We used the number on the Report Abuse page.
  • Code of Virginia §63.2-1509 has a new version taking effect July 1, 2027, which sends all mandated reports to the state hotline instead of local departments.

Other open points, including camps, are on the Virginia rules page.

How BackPR helps

BackPR handles registration, enrollment and health forms, recurring tuition with autopay and check-in against each family's authorized pickup list. Families can register and fill in forms in English or Spanish, and parents get receipts and year-end dependent care statements. It's free for nonprofits, with no subscription and no BackPR fees. Payments run on Stripe, and Stripe's processing fees apply. Other programs get pricing by quote. More on BackPR for childcare.

We researched the Virginia rules on this page in October 2026 using AI research tools (Claude, from Anthropic) that read official state rules and federal sources, and a member of our team checked our summaries against those sources. Rules change and have exceptions, so confirm with VDOE before you rely on this page. This is general information, not legal advice. To report an error, email support@backpr.com.

FAQ

Starting a daycare in Virginia: questions

Do I need a license to start a daycare in Virginia?

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. Ask VDOE which license type fits your plans.

Who licenses daycares in Virginia?

The Virginia Department of Education (VDOE), child care licensing under State Board of Education regulations. Its website: https://www.childcare.virginia.gov/

What are the daycare ratios in Virginia?

In licensed centers (8VAC20-780-350, Tables 1 and 2): 3 years: 1 adult for every 10 children (groups of up to 30); 4 years: 1 adult for every 10 children (groups of up to 30); 5 years (not yet school-age eligible): 1 adult for every 10 children (groups of up to 30); School-age eligible up to 9 years: 1 adult for every 18 children.

Open registration
with BackPR

Free for nonprofits. No long-term contract. We set you up and import your data at no cost.