Virginia Childcare Licensing Requirements Guide

The licensing agency: Virginia VDSS

Virginia childcare centers are licensed by the Virginia Department of Social Services (VDSS), Division of Licensing Programs. The regulations are in 22 VAC 40-185 (Standards for Licensed Child Day Centers). VDSS licensing offices throughout the state handle initial applications, inspections, and complaint investigations.

Virginia uses a “child day center” designation for center-based care, which includes preschool and school-age programs. Family day homes operating with multiple children are licensed under a separate regulation. This guide covers child day centers.

Staff-to-child ratio requirements

Virginia’s required ratios under 22 VAC 40-185 by age group:

• Infants (0–16 months): 1 staff to 4 children
• 16 months–2 years: 1 staff to 5 children
• 2–3 years: 1 staff to 8 children
• 3–4 years: 1 staff to 10 children
• 4–5 years: 1 staff to 12 children
• School-age: 1 staff to 18 children

Group size maximums apply in addition to ratios. Infant groups may not exceed 8; the 16-month to 2-year group may not exceed 10; 2-3 year old groups may not exceed 16; 3-4 year old groups may not exceed 20; 4-5 year old groups may not exceed 24; school-age groups may not exceed 36. Both the ratio and the group size cap must be satisfied simultaneously.

Virginia’s infant ratio extends through 16 months rather than the more common 12-month cutoff, which means children who reach their first birthday remain in the more protective 1:4 ratio for an additional four months.

Staff qualifications

Virginia 22 VAC 40-185 establishes qualifications by role:

Child care staff member: Must be at least 18 years of age. Must have a high school diploma or GED. Must complete a VDSS-approved first day orientation covering the center’s emergency procedures and child abuse reporting obligations before working with children.

Program director: Must be at least 21 years of age with a high school diploma or GED and at least one of the following: a child development associate credential; an associate’s or bachelor’s degree in early childhood education, child development, or a related field; or two years of experience working with children in a licensed child day program plus completion of an approved director orientation course. Directors are accountable for the center’s compliance with 22 VAC 40-185.

Lead teacher: Must be at least 18 years of age with a high school diploma and a CDA credential or 6 semester hours in ECE or child development, or comparable documented experience.

Annual training: all staff must complete annual training hours as specified in 22 VAC 40-185. First-year staff must complete required training within 90 days of hire; ongoing requirements apply each year after that.

CPR and first aid: at least one staff member per group must hold a current pediatric CPR and first aid certification.

Background check requirements

Virginia requires three background checks for all individuals seeking employment in a licensed child day center, including volunteers and other regular program participants:

Virginia State Police central criminal history check: A state-level criminal history search submitted through the VDSS online system. Applicants submit their own requests through the VSP portal; results go directly to the employer.

VDSS Child Protective Services (CPS) central registry check: A search of VDSS’s central registry for founded child abuse and neglect findings involving the applicant. Submitted through the VDSS system. Any individual with a founded CPS finding is disqualified from employment.

FBI national fingerprint check: A fingerprint-based national criminal history check. Required for all employees, not just specific positions. Fingerprints are submitted through an approved channeler.

All three checks must be completed and returned clear before employment begins. Virginia does not permit provisional employment pending background check results for positions working with children.

Centers must maintain documentation of all three checks in each employee’s personnel file, and these files must be available for VDSS inspection.

Facility requirements

Virginia requires a minimum of 25 square feet of usable indoor activity space per child in licensed infant and toddler spaces, and 35 square feet per child for preschool and school-age spaces. Outdoor play space: 75 square feet per child for the children using outdoor areas at one time.

Bathroom requirements: one toilet and one sink per 20 children ages 2 and older. Diaper changing areas must have cleanable, nonporous surfaces, a handwashing sink within arm’s reach, and individual supplies for each child.

VDSS requires the facility to pass a fire inspection from the local fire official before initial licensure. A separate health department inspection may also be required, particularly if the center operates a kitchen or food service program.

Health and safety documentation

22 VAC 40-185 requires centers to maintain:

• Enrollment records with emergency contacts, authorized pickups, and health and dietary information for each child
• Immunization records per Virginia Department of Health requirements, reviewed at enrollment and updated as required
• Medication authorization forms for any medications administered
• Incident/accident reports for injuries requiring professional medical care, retained for a minimum of three years
• Daily attendance records with sign-in/sign-out times
• Staff background check documentation — all three checks — in personnel files

Fire drill documentation: required monthly, with records retained for one year. Shelter-in-place drills: required twice annually.

The initial licensing process

Virginia’s VDSS licensing application process:

1. Pre-application inquiry: Contact the local VDSS licensing office to discuss requirements and obtain application materials. A pre-application meeting with a licensing inspector is available and recommended.
2. Application submission: Submit the application with facility floor plan, lease or property documentation, director qualifications, and program policies.
3. Background checks: All staff must complete all three required background checks before the pre-licensing inspection.
4. Fire inspection clearance: Obtain documentation from the local fire official.
5. Pre-licensing inspection: A VDSS licensing inspector visits the facility to assess compliance with 22 VAC 40-185. Deficiencies must be corrected. The inspector may conduct multiple visits if initial deficiencies are substantial.
6. License issuance: VDSS issues the license with the licensed capacity. Virginia licenses are renewed annually.

License renewal and ongoing compliance

Virginia licenses are renewed annually. VDSS conducts both announced annual inspections and unannounced monitoring visits. Complaint-based inspections can occur at any time.

The health department may conduct separate, independent inspections of food service operations at centers that serve meals. Centers with active food service programs effectively manage two inspection cycles — VDSS for the childcare program and the health department for food handling.

Violations in VDSS inspections are classified by severity. Serious violations must be corrected immediately; other violations have assigned correction timelines. VDSS inspection reports are public record and available to parents through the VDSS website.

Virginia Quality and CCSP

Virginia Quality is VDSS’s voluntary QRIS, awarding 1 through 5 stars based on assessed quality across staff credentials, program practices, and the learning environment. Virginia Quality participation is not required for CCSP participation, but higher-rated centers are eligible for enhanced CCSP reimbursement rates.

The Child Care Subsidy Program (CCSP) is administered through local DSS offices under VDSS policy. Centers participating in CCSP must hold a current license, execute a provider agreement, and maintain electronic attendance records for each subsidized child. CCSP audits documentation compliance separately from VDSS licensing inspections, and both compliance tracks require attention simultaneously.