Home Daycare Check.

Virginia rulebook · checked October 2026

Watching Kids at Home in Virginia: How Many Before You Need a License?

In Virginia, you may watch up to 4 counted children before a license is required.

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The Virginia line, in facts

Licensing agency: Virginia Department of Education (VDOE) — Office of Child Care Health and Safety

The line: In Virginia, you may watch up to 4 counted children before a license is required.

The categories above the line

CategoryCapacityWhat it means
Licensed Family Day Home (from July 1, 2026: 'home-based child care')up to 125 to 12 children under 13, not counting your own children or children who reside in the home. The 16-point rule also decides when a second caregiver is required.

What comes with the license

The local check you cannot skip

Four localities regulate family day homes themselves — Arlington County, the City of Alexandria, Fairfax County and the City of Norfolk. If your home is in one of them, you deal with the locality instead of VDOE, and voluntary registration is not available there.

Your path in Virginia, step by step

  1. Read the licensing requirements — the Code of Virginia and the family day home standards (8VAC20-800).
  2. Complete the online Pre-Application Orientation — Phase 1 (strongly encouraged).
  3. Attend the required Pre-Licensure Orientation — Phase 2, run by VDOE's Office of Child Care Health and Safety in your region.
  4. Ask your local zoning office how many children you may request to care for, and get the zoning form signed.
  5. Submit the complete application in VDOE's online Child Care Application Processing System — budget form, signed zoning form, Phase 2 proof, age/education/experience documents, First Aid/CPR, TB screening, and background checks for you, your caregivers and adult household members.
  6. Host the pre-licensure inspection of your home.
  7. License issued for a 2-year term.

What catches people in Virginia

If you skip the line

Operating a child day program without a required license is a Class 1 misdemeanor, and every day is a separate offense (Va. Code § 22.1-289.027). Knowingly operating unlicensed when a child is seriously injured is a Class 4 felony (§ 18.2-371.1).

Rules checked October 2026 · Sources: Va. Code § 22.1-289.02 (family day home definition; licensure at 5–12; under-2 rule; all-related exemption); Va. Code § 22.1-289.011 (licensure required); § 22.1-289.027 (penalties); 8VAC20-800-40 (capacity), 8VAC20-800-570 (point system), 8VAC20-800-210 (annual training); 8VAC20-821-150 (fees, eff. 2/1/2026); VDOE, childcare.virginia.gov. This page reads the published rules; it is not legal advice, and the Virginia Department of Education (VDOE) — Office of Child Care Health and Safety is the final word.

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