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: In West Virginia, center-based child care refers to child care centers and out of school time child care centers. Summer camp programs are child care centers and follow the same set of regulations as a center. A child care center is defined as a facility maintained by the state or any county or municipality thereof, or any agency or facility operated by an individual, firm, corporation, association, or organization, public or private, for the care of 13 or more children for child care services in any setting, if the facility is open for more than 30 days per year per child.https://dhhr.wv.gov/bcf/ece/Documents/78CSR%201%20Centers.pdf An out of school program is a program that offers activities to children before and after school, on school holidays, when school is closed because of an emergency, and on school calendar days set aside for teacher activities.https://dhhr.wv.gov/bcf/ece/Documents/78CSR%2021%20OST.pdf Under WV Code §49-2-121, the licensure, approval, certification, and registration of child care facilities is required to ensure protection and minimum standard of care. Regulations are enforced through a licensure process that includes application and inspection at the initial level, a yearly unannounced monitoring visit, complaint investigation, and license renewal application and inspection. A sunset provision of 5 years applies to child care center and out-of-school time regulations. https://code.wvlegislature.gov/49-2-121/ 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 family child care facility is any facility which is used to provide nonresidential child care services for compensation for seven to 12 children, including children who are living in the household, who are under six years of age. A facility may be in a provider’s residence or a separate building. WV Code §49-1-206:https://code.wvlegislature.gov/49-1-206/ A family child care home is a facility which is used to provide nonresidential child care services for compensation in a provider’s residence. The provider may care for four to six children at one time, including children who are living in the household, who are under six years of age. WV Code §49-1- 206: https://code.wvlegislature.gov/49-1-206/ An informal home is a home that provides care for three or fewer children. At least one child is not related to the caregiver. A relative home is a home that provides care only to children related to the caregiver. The caregiver must be a grandparent, great grandparent, aunt, uncle, great-aunt, great-uncle, or adult sibling. 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: N/A Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [x] Yes. If yes, describe: In home providers are not regulated. However, if a child qualifies for in-home care, the provider must be a relative. Relative in-home care providers must meet CCDF regulations, including basic health and safety, preservice training and a clear background check before care can begin. [ ] 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. West Virginia does not have license-exempt child care providers. All provider types must be licensed/certified to care for children. 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. West Virginia does not have license-exempt child care providers. All provider types must be licensed/certified to care for children. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. West Virginia does not have license-exempt child care providers. All provider types must be licensed/certified to care for children. 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. West Virginia does not have license-exempt child care providers. All provider types must be licensed/certified to care for children. 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. West Virginia does not have license-exempt child care providers. All provider types must be licensed/certified to care for children. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. West Virginia does not have license-exempt child care providers. All provider types must be licensed/certified to care for children. 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. The Lead Agency does not allow in-home care by a non-relative. be eligible as an in-home care provider, the person must be related to the child in care. 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. The Lead Agency does not allow in-home care by a non-relative. To be eligible as an in-home care provider, the person must be related to the child in care iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. The Lead Agency does not allow in-home care by a non-relative. To be eligible as an in-home care provider, the person must be related to the child in care.