5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: A child day program offered to: two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care or 13 or more children at any location, and that does not meet an exemption from licensure under § 22.1-289.030 of the Code of Virginia. (§ 22.1-289.02) Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. b. Identify the family child care providers subject to licensing: A child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. Family day homes serving 5 through 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed; however, no family day home shall care for more than four children under the age of two, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. A family day home where the children in care are all related to the provider by blood or marriage shall not be required to be licensed. (§ 22.1-289.02) Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: In-home providers meet the legal definition of a family day home in Virginia and are subject to the same requirements for licensure. In-home providers serving 5 through 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. In-home providers not subject to licensure may still apply for licensure and vendor approval. (§ 22.1-289.02) Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. Child day centers are required to be licensed unless the program meets a licensure exemption in § 22.1-289.030 of the Code of Virginia. CCDF-eligible license-exempt center-based programs include: Child day centers operated under the auspices of religious institutions pursuant to § 22.1-289.031 of the Code of Virginia. Certified preschools operated by an accredited private school that complies with the provisions of § 22.1-289.032 of the Code of Virginia. Programs of recreational activities offered by local governments, staffed by local government employees, and attended by school-age children. A program offered by a local school division, operated for no more than four hours per day on full instructional days or for more than four hours per day on shortened instructions days or noninstructional days, staffed by local school division employees, and attended by children who are at least three years of age and are enrolled in public school or a preschool program within such school division. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Religiously exempt child day centers must provide evidence of tax- exempt status as a nonprofit religious institution, must file with the Department prior to beginning operation and annually thereafter, and meet health and safety requirements identified in the Code to include fire and health inspections. There are no limitations on the length of day as long as children are in care less than a 24-hour period. The number of children in care and ages of children in care are based on the certificate of occupancy. (§ 22.1-289.031) Certified preschools must meet certain criteria to qualify for exemption, provide proof of accreditation, file with the Department prior to the beginning of the school year or calendar year and annually thereafter, and meet health and safety requirements identified in the Code. The private school must offer kindergarten or elementary school programs satisfying compulsory school attendance laws, and children below the age of compulsory school attendance also participate in such instructional programs; the number of pupils in the preschool program cannot exceed 12 pupils for each instructional adult, or if operated as a Montessori program with mixed age groups of three-year-old to six-year-old children, the number of pupils in the preschool program cannot exceed 15 pupils for each instructional adult; the school (i) maintains an average enrollment ratio during the current school year of five children age five or above to one four-year-old child, and no child in attendance is under age four, or (ii) does not allow children below the age of eligibility for kindergarten attendance to attend the preschool program for more than five hours per day, of which no more than four hours of instructional classes may be provided per day, and no child in attendance is under age three; the preschool offers instructional classes and does not hold itself out as a child care center or child day program; and children enrolled in the preschool do not attend more than five days per week. (§ 22.1-289.032) Local government operated child day programs must be staffed by local government employees, and attended by school-age children. There are no limitations on the length of day as long as children are in care less than a 24- hour period, and there are no limitations on the number of children in care. These programs must file with the Department prior to beginning operation and annually thereafter. (§ 22.1-289.030 B6) Local school division operated child day programs cannot be operated for more than four hours per day on full instructional days, but can operate for more than four hours per day on shortened instructions days or noninstructional days; must be staffed by local school division employees, and attended by children who are at least three years of age and are enrolled in public school or a preschool program within such school division. There are no limitations on the number of children in care. These programs must file with the Department prior to beginning operation and annually thereafter. (§ 22.1-289.030 B7) iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Each of these exempt programs are required to meet CCDBG health and safety requirements in order to participate in the CCSP and receive initial and annual inspections (8VAC20-790). Additional requirements are also identified below: Religiously exempt child day centers must meet health and safety requirements identified in the Code to include annual fire and health inspections, staff:child ratios, supervision requirements, staff qualifications and health requirements, background checks, mandated reporting, transportation safety, first aid and CPR training, safe sleep guidelines, hand washing, immunizations, daily health screening and exclusion of sick children, and physical plant safety. (§ 22.1- 289.031) Certified preschools must meet certain criteria, provide proof of accreditation, file with the Department prior to the beginning of the school year or calendar year and annually thereafter, and meet health and safety requirements identified in the Code to include annual health and fire inspections, staff:child ratios, and background check requirements. Accreditation standards are often similar to licensing requirements. (§ 22.1-289.032) Local government operated child day programs must file with the Department prior to beginning operation and annually thereafter and are subject to safety and supervisory standards established by the local government offering the program. (§ 22.1-289.030 B6) Local school division operated child day programs must file with the Department prior to beginning operation and annually thereafter and are subject to safety and supervisory standards established by the local school division offering the program. (§ 22.1-289.030 B7) b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. CCDF-eligible family day homes that are exempt from licensure include: Family day homes serving four or fewer children, exclusive of the provider's own children and any children who reside in the home. However, no family day home shall care for more than four children under the age of two, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. (§22.1-289.02) A family day home where the children in care are all related to the provider by blood or marriage. (§22.1-289.02) Voluntarily registered family day homes. (§ 22.1-289.015) Family day homes that are members of a family day system. (§22.1-289.030 F) ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. License-exempt family day homes are limited to four or fewer children, exclusive of the provider's own children and any children who reside in the home. However, no family day home shall care for more than four children under the age of two, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. There are no limitations on the length of day as long as children are in care less than a 24-hour period. (§22.1-289.02) A family day home where the children in care are all related to the provider by blood or marriage have no limitations on number or ages of children in care, or the length of day as long as children are in care less than a 24-hour period. (§22.1-289.02) Voluntarily registered family day homes are limited to four or fewer children, exclusive of the provider's own children and any children who reside in the home. There are no limitations on the ages of children in care, or the length of day as long as children are in care less than a 24-hour period. These programs must apply for initial registration biennially thereafter. (§ 22.1-289.015) Family day homes that are members of a licensed family day system are limited to nine children, including children under six who are related by blood or marriage to the provider. There are no limitations on the ages of children in care, or the length of day as long as children are in care less than a 24-hour period. System homes must apply to the family day system and be approved. (8VAC20-810) iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Each of these exempt programs are required to meet CCDBG health and safety requirements in order to participate in the CCSP and receive initial and annual inspections (8VAC20-790). Additional requirements are also identified below: Voluntarily registered family day homes must meet health and safety requirements identified in the Code and regulations to include background checks, mandated reporting, staff:child ratios, children’s records, physical exams and immunizations, emergency preparedness, physical plant safety, preventing the spread of disease, caregiver qualifications, medication safety, and transportation safety (§ 22.1-289.015 and 8VAC20-850). Additionally, per recently passed legislation effective July 1, 2024, requires that the Department update its Voluntary Registration Health and Safety Checklist to include safe sleep practices. The proposed changes to the checklist include requiring that infants are placed on their backs when sleeping; using a crib or playpen with a firm, flat mattress and only a fitted sheet for each sleeping or resting infant; not putting soft objects, blankets, pillows, stuffed toys, bumper pads or loose bedding in the area an infant is sleeping; not placing infants to sleep on any soft surfaces; and promptly moving an infant who falls asleep in any play space other than his own crib or playpen to his designated sleeping space. Family day homes that are members of a licensed family day system must comply with health and safety standards to include caregiver qualifications, staff:child ratios, physical plant safety, supervision, health requirements, training, and fire safety. These programs are also monitored quarterly by the family day system. (8VAC20-810) License-exempt family day homes in certain Northern VA localities (Alexandria, Arlington, and Fairfax) and in Norfolk City are subject to basic health and safety requirements and monitoring under local ordinances in those communities. (§ 15.2-914) c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. In-home child care providers meet the definition of family day home under Virginia law. CCDF-eligible family day homes serving four or fewer children, exclusive of the provider's own children and any children who reside in the home are exempt from licensing requirements. However, no family day home shall care for more than four children under the age of two, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. (§22.1-289.02) ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. License-exempt in-home family day homes are limited to four or fewer children, exclusive of the provider's own children and any children who reside in the home. There are no limitations on the length of day as long as children are in care less than a 24-hour period. (§22.1-289.02) iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. In-home license exempt programs are required to meet CCDBG health and safety requirements in order to participate in the CCSP and receive initial and annual inspections (8VAC20-790).