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Daycare guide · checked October 2026

How to start a daycare in West Virginia

In West Virginia, opening a daycare means meeting the rules of the West Virginia Department of Human Services (DoHS), Bureau for Family Assistance, Early Care and Education (child care licensing). 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 West Virginia rules were checked in October 2026.

Who needs a daycare license in West Virginia

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.

Programs that may not need a license: 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 West Virginia centers

AgesChildren per staff memberLargest group
3 years1:1020
4 years1:1224
5 years1:1224
School-age (6 and up)1:1632

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.

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)

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).

Child abuse hotline: 1-800-352-6513. In an emergency, call 911.

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

Steps to open a daycare in West 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.

West 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.

2. Contact DoHS

Daycare licensing in West Virginia is handled by the West Virginia Department of Human Services (DoHS), Bureau for Family Assistance, Early Care and Education (child care licensing). 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 DoHS what the space needs, including how much indoor and outdoor space per child West Virginia requires. Since December 28, 2012, cribs in daycares must meet federal Consumer Product Safety Commission standards.

5. Plan your rooms around the ratios

West 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 DoHS.

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 West 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 DoHS 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 West Virginia. 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).

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.

  • Mandated reporting conflict: the DoHS Centralized Intake page says any person over 18 who witnesses, or hears from a credible witness about, sexual abuse of a child must report within 24 hours, but the current W. Va. Code §49-2-803 text (last amended 2024, HB 4274) contains no such universal duty. The JSON follows the code; confirm with DoHS.
  • 78 CSR 1 and 78 CSR 21 sunset on August 1, 2028, so expect replacement rules before then.

Other open points, including camps, are on the West 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 West 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 DoHS 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 West Virginia: questions

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

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. Ask DoHS which license type fits your plans.

Who licenses daycares in West Virginia?

The West Virginia Department of Human Services (DoHS), Bureau for Family Assistance, Early Care and Education (child care licensing). Its website: https://bfa.wv.gov/child-care-centers

What are the daycare ratios in West Virginia?

In licensed centers (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)): 3 years: 1 adult for every 10 children (groups of up to 20); 4 years: 1 adult for every 12 children (groups of up to 24); 5 years: 1 adult for every 12 children (groups of up to 24); School-age (6 and up): 1 adult for every 16 children (groups of up to 32).

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