Home Daycare Check.

West Virginia rulebook · checked October 2026

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

In West Virginia, you may watch up to 3 counted children before a license is required — and West Virginia counts your own children (under 6) in that number.

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The West Virginia line, in facts

Licensing agency: West Virginia Department of Human Services — Bureau for Family Assistance

The line: In West Virginia, you may watch up to 3 counted children before a license is required — and West Virginia counts your own children (under 6) in that number.

Your own children: counted — West Virginia includes your own children (under 6) in the numbers that decide your category.

The categories above the line

CategoryCapacityWhat it means
Family Child Care Home (Certificate of Registration)up to 6No more than 6 children under 13 in care at any one time, and no more than 2 of them under 24 months. Children under 6 living in the home count.
Family Child Care Facility (Certification)up to 127 to 12 children, including children under 6 living in the household; no more than 4 of the total under 24 months. May be in your residence or a separate building. At 13 or more children the program is a child care center.

What comes with the license

What catches people in West Virginia

Rules checked October 2026 · Sources: W. Va. Code § 49-2-113(c)–(e), (g) (facility certification; home registration; exemptions; voluntary registration); 78 CSR 19 (Family Child Care Home Registration Requirements, eff. April 1, 2023), § 6.3 (training); 78 CSR 18 (Family Child Care Facility Requirements), § 7 (ratios/counting); 78 CSR 20 (informal and relative homes). This page reads the published rules; it is not legal advice, and the West Virginia Department of Human Services — Bureau for Family Assistance is the final word.

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