West Virginia rulebook · checked October 2026
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.
Run the free West Virginia check
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.
| Category | Capacity | What it means |
|---|---|---|
| Family Child Care Home (Certificate of Registration) | up to 6 | No 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 12 | 7 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. |
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.