West Virginia child care, camp and ratio rules

Child care licensing

A child care center license is required for care of 13 or more children in any setting when the facility is open more than 30 days a year per child (78 CSR 1 §2.1; W. Va. Code §49-1-206). Family child care facilities (7 to 12 children) need a certificate and family child care homes (4 to 6 children) need a registration, and centers running out-of-school-time (before/after school, school holiday) programs are licensed under a separate rule, 78 CSR 21.

After-school and recreation programs: W. Va. Code §49-2-113(e) exempts public-school or WVDE-accredited school programs, school programs with sessions of 4 hours a day or less, summer recreation camps with sessions of 30 days or less, out-of-school-time programs funded and monitored by the WV Department of Education, and out-of-school-time programs for children 6 and older (including programs of national congressionally chartered groups and county parks and recreation or municipal camps) that meet fire and health codes, run state and federal background checks on all staff and volunteers, are not mainly fee-funded (parks and rec and municipal programs excepted) and have a formal monitoring system. Every out-of-school-time program, exempt or not, must register with DoHS when it opens and every year after (§49-2-113(h)).

Licensing agency: West Virginia Department of Human Services (DoHS), Bureau for Family Assistance, Early Care and Education (child care licensing)

Sources: 78 CSR 1, Child Care Centers Licensing (DoHS, effective April 1, 2023); 78 CSR 21, Out-of-School-Time Child Care Center Licensing (DoHS); DoHS Out of School Time Centers page; W. Va. Code §49-2-113 (licensing exemptions, OST registration); W. Va. Code §49-1-206 (definitions); WV Secretary of State: 78-01 rule versions (4/1/2023 version active)

Staff-to-child ratios in licensed centers

Rule: 78 CSR 1 §10.5 and Appendix 78-1-E, Table A (child care centers); 78 CSR 21 §9.2 (out-of-school-time centers). Table A bands: 3 years (36-47 months) 1:10, group 20; 4 years (48-59 months) 1:12, group 24; 5 years to school age (60 months to school age) 1:12, group 24; school-age 1:16, group 32. Mixed-age groups use the ratio and group size for the youngest child. At least two staff must be on duty whenever children are present, and water activities have tighter ratios (Table B). Licensed out-of-school-time centers (78 CSR 21) use 1:16 for school-age-only programs, with group size set by the activity, and 1:12 with a maximum group of 24 when a Pre-K child is in the group.

Work out your staffing with the ratio calculator

Summer camps

West Virginia has no youth camp license. Organized camps (places that give children or adults an outdoor group-living experience or have sleeping quarters) need an operating permit from the local health officer under the General Sanitation rule, with plan review for new or remodeled facilities and an inspection before the permit is issued (64 CSR 18 §§64-18-2, 64-18-3). Summer recreation camps with sessions of 30 days or less are exempt from child care licensing (W. Va. Code §49-2-113(e)(3)), and day camps run by county parks and recreation commissions or municipalities can be exempt if they meet the §49-2-113(e)(8) conditions.

Camp agency: Local health departments, under the WV Bureau for Public Health, Office of Environmental Health Services (sanitation permit for organized camps)

Sources: 64 CSR 18 §64-18-2, General Sanitation definitions (organized camp); 64 CSR 18 §64-18-3, plan review and permit to operate; WV Secretary of State: 64-18 rule versions (8/12/2013 version active); W. Va. Code §49-2-113(e) (camp exemptions from child care licensing)

Background checks

Licensed centers must have a state and FBI fingerprint-based check run through WV CARES on every staff member and volunteer, and no one may work with children until WV CARES issues a fitness determination; staff stay enrolled in Rap Back for ongoing alerts. Centers must also check sex offender registries and child abuse and neglect registries in West Virginia and in every state lived in during the past 5 years, repeating the abuse registry search every 5 years (78 CSR 1 §8.4). There is no separate camp rule, but out-of-school-time and county parks and recreation or municipal camp programs claiming the §49-2-113(e)(8) exemption must run state and federal checks on all staff and volunteers.

Sources: 78 CSR 1 §8.4 Staff Character and Background; W. Va. Code §49-2-113(e)(8)(B)

Giving medication

Centers may give medicine only with the parent's written, signed instructions (child's name, medicine, reason, dose, time and route) and, except for limited over-the-counter use, a prescription or written order from a licensed health care provider; prescription medicine must be in its original pharmacy-labeled package, and medicine is kept in a locked container out of children's reach (sunscreen, diaper ointment and emergency medicine need not be locked but must be out of reach). Only staff who have passed approved medication administration training may give it, each dose is recorded in ink in a cumulative medication log, and medication errors must be reported to the director and parent (78 CSR 1 §§8.6.g, 15.4.h).

Free medication administration log

Sources: 78 CSR 1 §15.4.h Medication Administration

Reporting child abuse

Listed professionals must report, including child care workers, teachers and other school staff, youth camp administrators and counselors, and employees, coaches and volunteers of groups that run organized activities for children. They must report to DoHS immediately and within 24 hours at most, also report to the State Police and local law enforcement when serious physical abuse or sexual abuse is suspected, and tell the person in charge of their program; anyone else may report (W. Va. Code §49-2-803).

West Virginia child abuse hotline: 1-800-352-6513 (how to report). In an emergency, call 911.

Sources: W. Va. Code §49-2-803; DoHS Centralized Intake for Abuse and Neglect