Relative Family Child Care
Your own children: see the cited rule.
West Virginia DoHS Division of Early Care and Education
West Virginia home daycare ratios by age
Verified September 5, 2026West Virginia uses the same per-caregiver figure in both home instruments. A registered family child care home holds up to six children under thirteen, no more than two of them under twenty-four months, per 78CSR19 6.6.a. A licensed family child care facility follows 78CSR18 7.1.a, six children under thirteen and two under twenty-four months per staff member, and must have two staff whenever more than six children are present, up to the twelve-child ceiling in W. Va. Code 49-1-206. Household children under six count in the statutory capacity, and staff children twelve and under count toward the facility’s two-staff trigger.
Every tier, every cap
Informal Family Child Care
- No more than 3 children in care at once W. Va. Code §49-1-206
Your own children: count toward these caps (under 6 years).
Family Child Care Home
- No more than 6 (under 13) 78CSR19 §78-19-6.6.a
- No more than 2 under 24 months 78CSR19 §78-19-6.6.a
Your own children: count toward these caps (under 6 years).
Family Child Care Facility
- No more than 6 (under 13) 78CSR18 §78-18-7.1.a
- No more than 2 under 24 months 78CSR18 §78-18-7.1.a
With an assistant: an additional adult is required above 6 children. No more than 12 (statute count)
Your own children: count toward these caps (under 6 years).
How West Virginia defines the age bands
- Infant (less than 12 months): 0 to 12 months
- Toddler (12 to 24 months): 12 to 24 months
- Under 24 months of age (capacity and staffing threshold band): 0 to 24 months
- Pre Schooler (two to four years, 78CSR18 only): 24 to 60 months
- School Age Child (five years to 13 years): 60 to 156 months
- Under six years of age (statutory band for counting household children): 0 to 72 months
- Children under 13 years / 12 years of age and under (all children counted toward home capacity and facility ratio): 0 to 156 months
Mixed ages in one room
Under twenty-four months is the binding band, two per caregiver. Preschooler runs from two to five and school age from five to thirteen in the rules, but neither band carries its own cap.
Real questions, short answers
How many infants can a West Virginia family child care home have?
Two under twenty-four months among six children, per 78CSR19 6.6.a.
When does a West Virginia facility need a second staff member?
Whenever more than six children are present, counting staff children twelve and under, per 78CSR18 7.1.
Can a West Virginia facility have four children under two?
Yes, with two staff members present, two under twenty-four months for each.
Keep reading
Sources for West Virginia
- W. Va. Code chapter 49, sections 49-1-206 and 49-2-113, as displayed August 30, 2026 49-1-206, 49-2-113
- 78CSR19, Family Child Care Home Registration Requirements, and 78CSR18, Family Child Care Facility Licensing Requirements, effective April 1, 2023 78-19-6, 78-18-7
DaycareRules is an informational reference about home child care licensing rules in the United States. It reprints thresholds, capacity limits, ratios and citations from state statutes and regulations, together with the date each state was last verified. Nothing on this site is legal advice, and rules change. Confirm with your state licensing agency before acting on any number printed here.