West Virginia Childcare Licensing
West Virginia Childcare Licensing Requirements (2026)
West Virginia childcare licensing is administered 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.'. A licensed West Virginia center must maintain a parent handbook covering 13 state-mandated policy areas, each tied to a specific administrative-code citation. 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).
Last updated: April 2026
Researched by the TotReady Research TeamWest Virginia Licensing Requirements: The Specifics
West Virginia childcare centers must include a written Hours of Operation section in the parent handbook (Days and hours the facility is open; holiday closures; late pick-up policy.) 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).
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)
West Virginia childcare centers must include a written Behavior Guidance and Discipline Policy section in the parent handbook (Positive guidance techniques used; prohibited discipline methods; progressive steps.) per 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).
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)
West Virginia childcare centers must include a written Illness and Exclusion Policy section in the parent handbook (Symptoms requiring exclusion; readmission criteria; communicable disease procedures.) per 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.
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
West Virginia childcare centers must include a written Medication Administration Policy section in the parent handbook (Procedures for administering prescription and non-prescription medications; authorization requirements.) per W. Va. Code R. §78-1-15.4.h (Medication Administration); staff training requirement at §78-1-8.6.g.
W. Va. Code R. §78-1-15.4.h (Medication Administration); staff training requirement at §78-1-8.6.g
West Virginia childcare centers must include a written Emergency Procedures section in the parent handbook (Fire, severe weather, lockdown, and medical emergency procedures; evacuation routes.) per 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.
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
West Virginia childcare centers must include a written Arrival and Departure Procedures section in the parent handbook (Sign-in/sign-out requirements; authorized pick-up persons; late pick-up fees.) per 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.
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
West Virginia Licensing Requirements at a Glance
| Hours of Operation | 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) |
|---|---|
| Behavior Guidance and Discipline Policy | 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) |
| Illness and Exclusion Policy | 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 |
| Medication Administration Policy | W. Va. Code R. §78-1-15.4.h (Medication Administration); staff training requirement at §78-1-8.6.g |
| Emergency Procedures | 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 |
| Arrival and Departure Procedures | 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 |
| Nutrition and Meals 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 |
| Parent Communication Policy | W. Va. Code R. §78-1-7.6 (Exchanging Information with the Parent); admission information exchange at §78-1-7.1.a |
| Grievance and Complaint Procedure | 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 |
| Child Abuse and Neglect Reporting | 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 |
| Enrollment, Fees, and Payment 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) |
| Health and Safety 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) |
| Nondiscrimination Policy | W. Va. Code R. §78-1-7.3 (Basic Rights — equal access to programs regardless of race, religion, ethnicity, gender, ability or sexual orientation) |
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West Virginia Licensing Requirements: Frequently Asked Questions
Which agency regulates 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.'. Official licensing information is published at https://bfa.wv.gov/child-care-centers.
How many handbook policy sections does West Virginia require?
West Virginia requires at least 13 mandatory policy sections in a licensed center's parent handbook, each backed by a specific state regulatory citation.
How often does West Virginia inspect licensed childcare centers?
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).
What happens if a West Virginia center is out of 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).
West Virginia childcare licensing rules are amended regularly. This page is compiled from published West Virginia administrative codes and statutes for informational purposes only — always verify current requirements with 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.' before relying on them. TotReady provides information and document templates, not legal or regulatory advice.