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Child Care Centers/Family Daycare Facilities

In addition to DHHR State Licensing, Child Care Centers and Family Daycare Facilities must obtain a Health Permit and undergo routine inspections by the local health department, per West Virginia Legislative Rule 64 CSR 21.

Who needs a permit?

A Child Care Center is defined in the legislative rule as a "child care facility providing nonresidential child care for seven (7) or more children for all or part of a day." This includes:

  • Child Care Centers (providing care for 13 or more children)
  • Family Day Care Facilities (providing care for for seven to 12 children in a provider's home, including children under six who live in the home)
  • Nursery Schools
  • Preschools (Pre K) including Head Start Programs (only those that are not part of a Public or Private School )

According to the rule, any of the following is NOT considered a Child Care Center: "a kindergarten, preschool or school education program operated by a public or private school accredited by the state department of education; an individual or facility which offers occasional, temporary care of children for brief periods while parents are shopping, engaging in recreational activities, attending religious services or engaging in other business or personal affairs; summer recreation camps operated for children attending sessions for periods not exceeding thirty (30) days; hospitals or other medical facilities which are primarily used for temporary residential care of children for treatment, convalescence, or testing; or persons providing family day care solely for children related to them, including grandparents, aunts and uncles."

Opening a new Child Care Center

To open a new Child Care Center or Family Day Care Facility, please submit a Plan Review to the Health Department at least 45 days prior to operation or construction. Please submit the following forms plus payment to initiate a plan review:

*Family Day Care Facilities (7 to 12 children) are allowed to use a home kitchen to prepare food. While these kitchens are subject to inspection as part of the Child Care Center Inspection process and have certain requirements, they do not require a separate Food Establishment Permit. Please refer to the West Virginia Legislative Rule 64 CSR 21 for the specific kitchen requirements in a Family Day Care Facility. Other types of Child Care Centers ARE required to obtain a Food Establishment Permit if offering food to children.

Applying for (or Renewing) a Child Care Center Permit:

To apply for a Permit to Operate a Child Care Center, please submit the following along with permit fees:

*Please note that the renewal window for Child Care Centers differs from most permits. While Child Care Center Permits expire on December 31 of every year, Food Permits expire on June 30th. As such, please remember to reapply for Food Permits in June and Child Care Center Permits in December.

For more informaiton on how to start a Child Care Center in West Virginia, Advantage Valley provides the following useful guides: