West Virginia Childcare Licensing Requirements
West Virginia childcare centers must include 13 mandatory sections in parent handbooks per W. Va. Code R. §78-1-6.2.a.4 (Statement of Purpose must include 'the scheduled days and hours of operations'); see also §78-1-3.19 (Evening Care, after 7:00 p.m.) and §78-1-3.39 (Night Time Care).
Last updated: April 2026
Researched by the TotReady Research TeamRequired Handbook Sections
The following sections must appear in every West Virginia childcare parent handbook per state licensing rules.
| Section | Description | Citation | Status |
|---|---|---|---|
| Hours of Operation | Days and hours the facility is open; holiday closures; late pick-up policy. | W. Va. Code R. §78-1-6.2.a.4 (Statement of Purpose must include 'the scheduled days and hours of operations'); see also §78-1-3.19 (Evening Care, after 7:00 p.m.) and §78-1-3.39 (Night Time Care) | Required |
| Behavior Guidance and Discipline PolicyGuide → | Positive guidance techniques used; prohibited discipline methods; progressive steps. | W. Va. Code R. §78-1-11 (Supervision of the Individual Child) — specifically §78-1-11.1 (Guidance, Behavior Management, and Discipline) and §78-1-11.4 (Handling Behavior Problems; prohibits physical/corporal punishment) | Required |
| Illness and Exclusion PolicyGuide → | Symptoms requiring exclusion; readmission criteria; communicable disease procedures. | W. Va. Code R. §78-1-15.4 (Child Illness at the Center) — exclusion criteria at §78-1-15.4.e and re-admittance at §78-1-15.4.f | Required |
| Medication Administration PolicyGuide → | Procedures for administering prescription and non-prescription medications; authorization requirements. | W. Va. Code R. §78-1-15.4.h (Medication Administration); staff training requirement at §78-1-8.6.g | Required |
| Emergency ProceduresGuide → | Fire, severe weather, lockdown, and medical emergency procedures; evacuation routes. | W. Va. Code R. §78-1-19 (Safety and Emergency Operating Procedures) — Emergency Disaster Plan at §78-1-19.6; Emergency File at §78-1-19.5 | Required |
| Arrival and Departure Procedures | Sign-in/sign-out requirements; authorized pick-up persons; late pick-up fees. | W. Va. Code R. §78-1-19.2 (Daily Attendance Sign-In and Sign Out); release of child to a responsible person at §78-1-7.4.g; attendance policies/recordkeeping §78-1-19.1 | Required |
| Nutrition and Meals Policy | Meals and snacks provided; food allergy procedures; outside food policy. | W. Va. Code R. §78-1-16 (Nutrition and Food) — meal/snack patterns required at §78-1-16.1 per CACFP Meal and Snack Patterns (Appendix 78-1-C); milk/juice §78-1-16.4, feeding practices §78-1-16.5, menus §78-1-16.6 | Required |
| Parent Communication Policy | Daily report procedures; how to reach staff; parent conference schedule. | W. Va. Code R. §78-1-7.6 (Exchanging Information with the Parent); admission information exchange at §78-1-7.1.a | Required |
| Grievance and Complaint Procedure | Steps for resolving concerns; contact for unresolved complaints. | W. Va. Code R. §78-1-6.5 (Grievance Procedure); also listed as a required administrative-manual policy at §78-1-6.3.a.10 | Required |
| Child Abuse and Neglect Reporting | Mandatory reporter obligations; reporting procedures; state hotline. | W. Va. Code R. §78-1-11.6 (Abuse and Neglect); mandatory reporting under W. Va. Code §49-2-803 (recodified from former §49-6A-2 et seq.); Child Abuse Hotline 1-800-352-6513 | Required |
| Enrollment, Fees, and Payment Policy | Enrollment process; tuition rates; payment schedule; refund policy. | W. Va. Code R. §78-1-7.1 (Admission, Discharge, Basic Rights and Records) — admission policy/application §78-1-7.1.a; admission/discharge policies required in administrative manual at §78-1-6.3.a.2 (the rule does not separately schedule fees) | Required |
| Health and Safety Policies | Handwashing procedures; diapering; sunscreen; rest time policies. | W. Va. Code R. §78-1-15 (Health) and §78-1-20 (Environmental Safety); see also §78-1-17 (Sanitation) and §78-1-19 (Safety and Emergency Operating Procedures) | Required |
| Nondiscrimination Policy | Statement of equal access; protected classes covered. | W. Va. Code R. §78-1-7.3 (Basic Rights — equal access to programs regardless of race, religion, ethnicity, gender, ability or sexual orientation) | Required |
| Transportation Policy | Vehicle safety requirements; car seat policy; authorization procedures. | W. Va. Code R. §78-1-22 (Transportation); transportation staff:child supervision at §78-1-10.5.c.2; transportation/passenger log at §78-1-19.3 | Recommended |
| Field Trip Policy | Authorization requirements; supervision ratios during off-site activities. | W. Va. Code R. §78-1-10.5.c.4 (Field Trips — Level I and Level II staffing); field trip defined §78-1-3.20; parental permission required §78-1-7.1.c | Recommended |
Staff-to-Child Ratios
West Virginia mandates the following maximum staff-to-child ratios by age group.
| Age Group | Staff-to-Child Ratio |
|---|---|
| 6 weeks to 12 months | 1:4 (max group size 8) |
| 13 to 24 months (1-2 years) | 1:4 (max group size 12) |
| 25 to 35 months (2 years) | 1:8 (max group size 16) |
| 36 to 47 months (3 years) | 1:10 (max group size 20) |
| 48 to 59 months (4 years) | 1:12 (max group size 24) |
| 60 months to school-age (5 years) | 1:12 (max group size 24) |
| School-age | 1:16 (max group size 32) |
Immunization Requirements
- Diphtheria (DTaP)
- Tetanus (DTaP)
- Pertussis / whooping cough (DTaP)
- Polio (IPV)
- Measles (MMR)
- Mumps (MMR)
- Rubella (MMR)
- Hepatitis B
- Varicella / chickenpox
- Haemophilus influenzae type b (Hib) — required for child care entry per WV OEPS Child Care Immunization Guidelines
- Pneumococcal conjugate (PCV) — required for child care entry per WV OEPS Child Care Immunization Guidelines
- Meningitis (meningococcal) — listed in the compulsory-immunization statute W. Va. Code §16-3-4; primarily a school-grade-entry requirement, applicability to child-care entry varies by the OEPS schedule
- Authority: W. Va. Code §16-3-4 (compulsory immunization for school and state-regulated child care; MEDICAL exemptions only — no religious or philosophical exemption); under the current rule §78-1-15.1.a an immunization record or completion plan signed by a licensed health care provider must be on file upon admittance, and §78-1-15.1.b recognizes only a medical (licensed-health-care-provider) exemption
Background Check Requirements
- WV CARES (West Virginia Clearance for Access: Registry and Employment Screening) state-and-federal fingerprint-based criminal background investigation and fitness determination of eligibility — required before any contact/work with children; authority W. Va. Code §16-49-1 et seq. and 69 CSR 10 (§78-1-8.4.c)
- WV CARES self-disclosure application and consent form on file and uploaded to WV CARES no later than the date of hire (§78-1-8.4.c.1)
- Fitness determination of eligibility from the WV CARES unit (§78-1-8.4.c.3); no person may work with children prior to the center receiving the fitness determination (§78-1-8.4.f)
- Background check updated/maintained at expiration of rap back enrollment (§78-1-8.4.c.4)
- State background check completed in any other state where the staff member or volunteer resided in the past five years (§78-1-8.4.c.5)
- Sex offender registry/repository check on each staff member and volunteer, including any other state of residence in the past five years (§78-1-8.4.c.6, §78-1-8.4.c.7)
- Search of state-based child and adult abuse and neglect registries and protective services databases in each state of residence during the preceding five years, repeated every five years (§78-1-8.4.d)
- Hiring prohibitions for disqualifying offenses as defined in W. Va. Code §16-49-1(8) / 69 CSR 10-2.10, absent a Secretary-granted waiver or variance (§78-1-8.5)
- For individuals over 13 and under 18 with regular direct contact with children, a signed parental affidavit that the individual has never been arrested or convicted of an offense against a person (§78-1-8.4.h)
Inspection Frequency
The Secretary may conduct announced and unannounced inspections of all aspects of the center's operation and premises (W. Va. Code R. §78-1-5.1). A regular license/certificate of approval is valid for up to two (2) years (§78-1-4.1.b, §78-1-4.5.b); new providers receive an initial six-month license (§78-1-4.5.a); a provisional license is issued to a licensee not in full compliance who does not pose a significant risk (§78-1-4.5.c). Renewal applications are due not less than 60 days before expiration (§78-1-4.2.c). The center rule does not fix a separate fixed annual visit cadence; pre-licensing State Fire Marshal and county Department of Health inspections are required at licensure and after operational/structural changes (§78-1-4).
Penalties for Non-Compliance
Operating a child care center without a license when one is required is a misdemeanor: upon conviction, confinement in jail not exceeding one (1) year, or a fine of not more than $500, or both (W. Va. Code §49-2-120). Administratively, the Secretary may deny, refuse to renew, or revoke a license, or make it provisional, and may issue an order of closure for an immediate danger of serious harm (W. Va. Code R. §78-1-4.7, §78-1-4.8, §78-1-24). The Secretary may also obtain injunctive relief pursuant to W. Va. Code §49-2-105 (W. Va. Code R. §78-1-4.9.c).
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Frequently Asked Questions
How many sections must be in a West Virginia childcare parent handbook?
West Virginia childcare centers are required to include at least 13 mandatory sections in their parent handbooks per state licensing regulations enforced by the West Virginia Department of Human Services (DoHS), Bureau for Family Assistance, Division of Early Care and Education (Child Care Licensing). Effective Jan 1, 2024, the former Department of Health and Human Resources (DHHR) was split into three departments; child care licensing now sits under DoHS. The current child care center rule (78 CSR 1, filed Mar 30, 2023, effective Apr 1, 2023) is captioned 'Department of Human Services,' but its internal definitions (e.g., §78-1-3.52 'Secretary') still reference the 'Secretary of the Department of Health and Human Resources.'.
Who oversees childcare licensing in West Virginia?
Childcare licensing in West Virginia is regulated by the West Virginia Department of Human Services (DoHS), Bureau for Family Assistance, Division of Early Care and Education (Child Care Licensing). Effective Jan 1, 2024, the former Department of Health and Human Resources (DHHR) was split into three departments; child care licensing now sits under DoHS. The current child care center rule (78 CSR 1, filed Mar 30, 2023, effective Apr 1, 2023) is captioned 'Department of Human Services,' but its internal definitions (e.g., §78-1-3.52 'Secretary') still reference the 'Secretary of the Department of Health and Human Resources.'. You can find official licensing information at https://bfa.wv.gov/child-care-centers.
What happens if a West Virginia childcare center doesn't have a compliant handbook?
Non-compliance with West Virginia parent handbook requirements can result in: Operating a child care center without a license when one is required is a misdemeanor: upon conviction, confinement in jail not exceeding one (1) year, or a fine of not more than $500, or both (W. Va. Code §49-2-120). Administratively, the Secretary may deny, refuse to renew, or revoke a license, or make it provisional, and may issue an order of closure for an immediate danger of serious harm (W. Va. Code R. §78-1-4.7, §78-1-4.8, §78-1-24). The Secretary may also obtain injunctive relief pursuant to W. Va. Code §49-2-105 (W. Va. Code R. §78-1-4.9.c).
How often are West Virginia childcare centers inspected?
West Virginia childcare centers are subject to the following inspection schedule: The Secretary may conduct announced and unannounced inspections of all aspects of the center's operation and premises (W. Va. Code R. §78-1-5.1). A regular license/certificate of approval is valid for up to two (2) years (§78-1-4.1.b, §78-1-4.5.b); new providers receive an initial six-month license (§78-1-4.5.a); a provisional license is issued to a licensee not in full compliance who does not pose a significant risk (§78-1-4.5.c). Renewal applications are due not less than 60 days before expiration (§78-1-4.2.c). The center rule does not fix a separate fixed annual visit cadence; pre-licensing State Fire Marshal and county Department of Health inspections are required at licensure and after operational/structural changes (§78-1-4).
Detailed West Virginia Requirements
Go deeper on a single West Virginia licensing topic — each page covers the statute-cited specifics for that requirement.
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