Virginia Childcare Licensing
Virginia Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in Virginia, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. A Virginia family day home may care for up to four children (exclusive of the provider's own and resident children) without a license, but family day homes serving five through 12 children shall be licensed, and no family day home shall care for more than four children under the age of two — including the provider's own and resident children — unless it is licensed or voluntarily registered (Code of Virginia § 22.1-289.02 [family day home definition]; licensure thresholds in Code of Virginia Title 22.1, Chapter 14.1, Article 3).
Last updated: April 2026
Researched by the TotReady Research TeamVirginia License Exemption Threshold: The Specifics
A Virginia family day home may care for up to four children (exclusive of the provider's own and resident children) without a license, but family day homes serving five through 12 children shall be licensed, and no family day home shall care for more than four children under the age of two — including the provider's own and resident children — unless it is licensed or voluntarily registered (Code of Virginia § 22.1-289.02 [family day home definition]
licensed or voluntarily registered (Code of Virginia § 2
licensure thresholds in Code of Virginia Title 22.1, Chapter 14.1, Article 3).
Code of Virginia § 22.1-289.02 [family day home definition]
A Virginia family day home is defined as caring for one through 12 children under age 13 (exclusive of the provider's own and resident children)
exclusive of the provider's own and resident children
the department sets each home's maximum licensed capacity case-by-case based on adequate space and provider circumstances (8VAC20-800-40), and staffing is governed by a 16-point-per-caregiver system (birth-15 months = 4 points each, 16-23 months = 3, ages 2-4 = 2, ages 5-9 = 1, age 10+ = 0), so an additional caregiver is required once a caregiver's children exceed 16 points (Code of Virginia § 22.1-289.02
Virginia § 22.1-289.02
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Virginia License Exemption Threshold: Frequently Asked Questions
How many children can I care for in Virginia without a license?
A Virginia family day home may care for up to four children (exclusive of the provider's own and resident children) without a license, but family day homes serving five through 12 children shall be licensed, and no family day home shall care for more than four children under the age of two — including the provider's own and resident children — unless it is licensed or voluntarily registered (Code of Virginia § 22.1-289.02 [family day home definition]; licensure thresholds in Code of Virginia Title 22.1, Chapter 14.1, Article 3).
What is the penalty for operating unlicensed in Virginia?
Operating above the Virginia exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Virginia Department of Social Services, Division of Licensing Programs about the correct credential before you begin.
Does Virginia offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether Virginia offers a voluntary registry with the Virginia Department of Social Services, Division of Licensing Programs.
Virginia childcare licensing rules are amended regularly. This page is compiled from published Virginia administrative codes and statutes for informational purposes only — always verify current requirements with the Virginia Department of Social Services, Division of Licensing Programs before relying on them. TotReady provides information and document templates, not legal or regulatory advice.