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The information provided on this page is a basic outline of West Virginia Child Care requirements that pertain to the design and construction of Child Care Facilities in West Virginia. This information is a brief synopsis and does not include all of the detailed requirements needed to satisfy the governing authorities for Child Care Licensing, Building Code, Fire Code, Accessibility, or local Zoning. These guidelines are for general information and planning purposes. Contact the governing authority directly or engage a Licensed Architect to complete a full analysis of your school location.

 

WEST VIRGINIA Child Care Licensing Requirements

Child Care license obtained from:

West Virginia Department of Health and Human Resources Bureau of Children and Families

Office of Children and Family Policy Division of Early Care and Education

350 Capitol Street, Room 691 Charleston, WV 25301-3700

Family Child Care 

(304) 558-0628

https://dhhr.wv.gov/bcf/Childcare/Documents/78%20CSR%201%20Final%20File_2018.pdf

License renewal is required every two years.

Indoor Space Requirements: 50 sf per infant/ 35 sf per pre-schoolers and school ages

  

6 Wks.-1 Year

1-2 Years

2 Years

3 Years

4 Years

5 Years

Required

Teacher:Child Ratio

1:4

1:4

1:8

1:10

1:12

1:16

Required

Max. Group Size

8

12

16

20

24

32

Recommended 

Classroom Capacity

8

12

16

20

24

32

Recommended 

Staff per Classroom

2

3

2

2

2

2

Recommended 

Min. Classroom Area

400 sf.

420 sf.

560 sf.

700 sf.

840 sf.

1120 sf.

 

Outdoor Space Requirements: 75 sf per child

 

  • The outdoor play area must be clear of all hazards or potential hazards like heat pumps, air conditioning units, wiring, meters, and telephone boxes.
  • Stairs with four or more steps must have railings when children less than five of age are in care.
  • The play area and equipment must be inspected quarterly by the administrator.
  • Pressure mounted gated must not have used all the top of a set of stairs.

 

Building Code Requirements

 

child care child toilet child care adult toilet child care drinking fountain child care mop sink child care bath tub

CHILD

FIXTURES

ADULT

FIXTURES

DRINKING FOUNTAINS

MOP

SINK

BATH TUB/

SHOWER

1: 15

1:50

1:100

1

1

2009 International Build Code

 

Fire Code Requirements

 

8

No operator or staff member must be used to meet staff: child ration for more than 2 consecutive 8 hours shifts of care.

12

The governing people must at least meet 4 times in a 12 month period.

15

All qualified staff must complete 15 hours of approved training within the 1st year of employment.

2016 West Virginia Fire Code

 

Did you know . . .

 

child care design lights When planning meals and snacks, child care centers must follow a meal and snack patterns developed from the US Departement of Agriculture’s (USDA), the CACFP, and the WV CACFP Standards. child care design lock Changing tables and surfaces must be cleaned and disinfected after each use. child care design tornado A staff member who has a high school diploma or GED and meets the requirements can have these potions; a director, assistant director, lead teacher, teacher, assistant teacher or teaching assistant.

 

To access West Virginia Child Care requirements along with other states please see our interactive Child Care Requirements US map here.

 

Research completed by Calbert Design Group, LLC.  Updated 2019

 

West Virginia Childcare Licensing Process

Setting your sights on becoming a licensed childcare provider in the beautiful state of West Virginia? You’re in the right place to get started. This comprehensive guide offers a brief yet detailed roadmap to help you navigate the application process, understand the requirements, and finally secure your very own Childcare Provider License in West Virginia. With the information provided, you’ll be one step closer to making a difference in the lives of children and their families!

Understanding the Importance of Childcare Provider Licensing

Childcare licensing is a vital aspect in any childcare program or service. This is because it serves as the minimum threshold for the health, safety, and developmental appropriateness of a childcare setting. But beyond these basic requirements, it confers a measure of legitimacy and credibility to the provider in the eyes of parents, regulatory bodies, and the society at large.

How Licensing Safeguards Supervision and Fosters Learning

Licensing goes beyond bureaucracy—it’s designed to set the gold standard for supervision and learning in every childcare environment. By requiring that staff meet certain education and training benchmarks, West Virginia ensures that the professionals caring for children are equipped for the job, not just on day one, but throughout their careers thanks to ongoing training.

One of the standouts of a licensed program is a strict commitment to safe supervision. Every classroom or play area has an appropriate staff-to-child ratio, ensuring each child receives the attention, guidance, and safety they deserve. No child is left unattended or overlooked, and caregivers can focus on both nurturing and vigilance.

Just as importantly, licensing lays a framework for daily routines and activities that support each child’s growth. The requirements are not just about keeping little ones safe—they also make sure children are engaged in learning experiences that suit their ages and needs. This intentional structure helps to spark curiosity and promote social, emotional, and academic development.

Put simply, a licensed provider is one that’s constantly working to deliver the safe, enriching experiences that help children thrive, giving parents the confidence that their child is both protected and on a path to successful learning.

Determining If a Childcare Program Needs a License

Curious whether a childcare program in your state or territory is required to be licensed? The most reliable way to find out is to check with your state’s official childcare licensing agency. Every state has specific regulations about which types of programs must be licensed, and these rules can vary widely.

Here’s how you can get started:

  • Visit your state’s Department of Health and Human Resources website or the agency responsible for childcare oversight. They usually provide clear, up-to-date information on what types of childcare arrangements need to be licensed.
  • Look for published guides or FAQ sections that outline the requirements for different types of childcare, such as family care homes, group centers, or after-school programs.
  • If in doubt, contact the agency directly—they’re there to help answer questions from prospective providers and parents.

Taking these steps ensures that you’re following the right procedures and helps prevent any surprises down the road.

Licensed vs. License-Exempt vs. Illegal Child Care Providers

Before you open your doors or select a childcare setting, it’s crucial to understand the main types of childcare arrangements and what sets them apart—especially when it comes to state regulations in West Virginia.

  • Licensed Child Care Providers: These programs have met the state’s established standards for health, safety, staff training, and facility conditions. They’re regularly inspected by regulatory authorities and must maintain compliance with a host of requirements, offering parents assurance that their children are cared for in a secure and structured environment.

  • License-Exempt Providers: Some childcare arrangements are legally permitted to operate without a license. This typically includes programs run by certain religious organizations, care provided by relatives, or care offered for only a few children at a time. While these providers are not subject to licensing rules, they still need to adhere to basic safety standards and may fall under other local or federal guidelines.

  • Illegal Child Care Providers: Here’s where things get tricky. If a provider is operating without the required license and doesn’t qualify for an exemption, they are doing so unlawfully. These providers haven’t been vetted or approved by the state, which means there’s a higher risk of subpar care and unsafe conditions. Engaging with or choosing such providers can place both children and providers at risk of legal consequences.

Understanding these distinctions is essential—not only for meeting your own obligations as a potential provider but also for ensuring every child is in a safe, supportive environment.

Significance of a Childcare Provider License

A childcare provider license has a heightened significance as it acts as a guarantee that the provider has been thoroughly vetted and deemed as having met certain basic requirements for providing care to children. This creates a safer, more secure environment for children and provides peace of mind for parents.

Enhancing professionalism via licensing

A childcare provider license is a mark of professionalism. It signifies that the provider is committed to upholding the highest standards of child care and is willing to work within the framework of the law to achieve this. It is, therefore, not surprising that parents are more likely to trust and choose a licensed childcare provider over one without a license.

What Does “License-Exempt” Mean for Childcare Programs?

Before embarking on your journey, it’s helpful to know that not every childcare program operating in West Virginia—or any state, for that matter—falls under the licensing umbrella. Some programs are considered “license-exempt,” meaning they are legally permitted to operate without holding a formal childcare provider license. But what does this actually involve, and how is it decided?

Determining License-Exempt Status

A program’s license-exempt status is determined by state-specific rules, often influenced by the type of care offered and who operates the program. Generally speaking, a childcare program may be deemed license-exempt if:

  • It is run by a public school or government agency that already follows separate regulations.
  • It operates as a part-time, faith-based, or drop-in service, such as a church nursery or a parent’s morning out program.
  • It is a military childcare service regulated at the federal level.

For in-home providers, exemptions typically apply if:

  • They only care for relatives.
  • They care for a small number of children, usually below a threshold set by the state.
  • The care is provided on an irregular or very limited basis, such as occasional babysitting for a few hours.

Even if a program is license-exempt, it might still need to comply with certain safety or health requirements, like fire safety measures or some basic background checks, although these often aren’t as comprehensive as those for fully licensed providers.

Navigating License-Exempt Childcare

If you’re unsure whether the setting you intend to operate—or use for your own children—requires a license, it’s wise to consult West Virginia’s specific regulations or reach out to the state’s child care licensing office. Understanding these exemptions helps everyone, from prospective providers to parents searching for care, make informed decisions about the type of childcare environment that fits their needs.

With the distinction between licensed and license-exempt care clear, let’s move on to what it takes to become a fully licensed childcare provider in West Virginia.

Eligibility Requirements for Childcare Provider License in West Virginia

Getting a Childcare Provider License in West Virginia involves meeting set eligibility requirements.

Minimum age and educational qualifications

A candidate must be at least 18 years of age and possess a high school diploma or its equivalent in order to qualify for a license in West Virginia.

Background check and fingerprinting

The state of West Virginia requires a criminal history check and fingerprinting from all applicants. This serves to ascertain that the candidate is suitably qualified and does not pose a risk to the children in their care.

Health requirements and immunizations

The applicant also has to meet certain health requirements such as being physically fit and having up-to-date immunization records. This is to ensure that the applicant is healthy enough to care for children and will not pose a health risk to them.

Stages of Licensing Process

The licensing process can be broadly divided into several stages, each essential in its own right.

Initial inquiry and prerequisite checking

Your journey towards acquiring a childcare provider license begins with an initial inquiry about the process and prerequisites. You would need to assess your own eligibility based on the requirements outlined in terms of age, education, and health.

Completion of mandatory training

Once you have ascertained your eligibility, the next step would be to undergo mandatory training. The training is designed to equip you with the knowledge and skills you require to successfully provide quality childcare.

Submission of application and associated documents

After training, you then fill and submit your application form alongside all the necessary documents. It is paramount to crosscheck all details and ensure all requested documents are attached.

Mandatory Training for License

The purpose of training is not just a formality. It equips the applicant with a thorough understanding of the various aspects of child care.

Purpose of training

The training curriculum covers a wide array of topics, from health and safety to child development and learning, and behavioral management. It’s designed to prepare aspiring childcare providers to deliver inclusive and developmentally appropriate care and education for children in their care.

Key areas of focus during the training

You will be trained in first aid and CPR, identifying and reporting child abuse and neglect, maintaining a healthy environment, and promoting nutritious meals.

Training duration and required attendance

The training typically lasts 24 hours and can be taken online. You are required to attend all sessions to be eligible for licensure.

Filling Out the Application for Childcare Provider License

Filling out the application for your Childcare Provider License needs careful attention.

Understanding the application form

The form typically requires general information about the applicant, like contact information and educational background. There’s also a section where you provide your childcare philosophy and plan of how you intend to run your childcare program.

Key details needed in the form

Details like the location of your childcare program, proposed hours of operation, number of children you plan to serve, and the age group of children are also required.

Mistakes to avoid while filling out the application

Frequently made mistakes include missing sections, unclear answers, wrong spellings, and inaccurate or false information. To avoid these mistakes, ensure to carefully read through the form before starting, pay attention to all sections, proofread your answers and crosscheck all information provided.

Onsite House Inspection

Upon completion of your application, an onsite home inspection will be conducted.

Purpose of onsite inspection

This inspection aims to ensure that your childcare setting is safe, age-appropriate and fosters child development.

Areas of inspection focus

Expect the inspector to check areas like cleanliness, safety measures, room layout, outdoor play area, and emergency evacuation plan.

Preparing for the inspection

The best approach to prepare for an inspection is by making sure your home meets all licensing requirements stated by the West Virginia Bureau for Children and Families.

Financial Preparation for Licensing

There are financial implications that come with the process of licensing.

Understanding licensing fees

Several fees come with the licensing process, including application fees, background check fees, and license fees. These costs can vary and are published by the West Virginia Bureau for Children and Families.

Preparing for additional costs

Apart from the licensing fees, there are additional costs you might need to consider. These include modifications to the home to meet safety requirements and acquisition of needed supplies and equipment.

Payment methods and deadlines

Payments for licensing fees are typically made online and include credit cards or electronic checks. It’s recommended to pay on time to avoid delay or termination of the licensing process.

Maintaining Your Childcare Provider License

Acquiring a license is the first step. Keeping this license is an ongoing process that involves continuous adherence to regulations.

License renewal procedure

Your license has to be renewed at intervals specified by the West Virginia Bureau for Children and Families – typically yearly. The renewal process often involves filling out a renewal form and paying the associated fee.

Complying with regular health and safety audits

Regular health and safety audits are carried out to ensure continuous compliance to set standards. As a licensee, you would have to be prepared for such audits and always ensure that your childcare environment is up to mark.

Updating license after changes in childcare environment

Any significant change in your childcare environment, such as change of location or increase in the number of children, may require an update of your license.

Dealing With Licensing Issues

Navigating issues that arise during the licensing process or in its aftermath needs clarity and patience.

Common reasons for license denial

Your license may be denied for reasons such as failure to meet the outlined eligibility requirements or training, or failing the home inspection.

Corrective measures after license denial

If your license is denied, you would typically be provided with reasons for this denial alongside instructions on what corrective measures to take.

Appealing licensing decisions

If you’re not satisfied with a decision made about your license, you may submit a written appeal to the Department of Health and Human Resources of West Virginia.

Resources to Help With Licensing Process

There are various resources that can assist you throughout the process of acquiring a Childcare Provider License in West Virginia.

Department of Health and Human Resources of West Virginia

The Department of Health and Human Resources of West Virginia remains a primary point of contact, as it provides comprehensive information on the licensing process and requirements, and also offers assistance throughout the process.

Childcare training and education resources

There are various educational resources available including online training programs and workshops that provide knowledge and skills in effective childcare provision.

Support communities and forums for childcare providers

Several online communities and forums for childcare providers offer great platforms where you can connect with other providers, share experiences, ask questions, and get tips on successful licensing.

-This article was written by Rebecca Calbert.

With over 35 years of experience, Rebecca leads the way at Calbert Design Group.  She is dedicated to guiding her clients through the complexities commercial real estate development.   

Discover more of her valuable insights and resources at SaveOnBuilding.com , where Rebecca’s “purpose” is to educate small business owners and protect them them from what they don’t know.  

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