West Virginia DoHS Division of Early Care and Education
West Virginia keeps its numbers in the definitions section. W. Va. Code 49-1-206 defines informal family child care as a home providing care for compensation for three or fewer children, counting children under six who live in the household, and a family child care home as a home caring for four to six children. A family child care home holds a certificate of registration under 49-2-113(d) and 78CSR19, and a family child care facility for seven to twelve children holds a license under 49-2-113(c) and 78CSR18. Thirteen or more is a child care center. Care given solely for related children is outside the section, and relative family child care by a grandparent, great-grandparent, aunt, uncle or adult sibling is its own category.
| Tier | Children | Age limits | Your own kids |
|---|---|---|---|
| Relative Family Child Carevoluntary registration | see rule | See rule | |
| Informal Family Child Carevoluntary registration | up to 3 |
| Count |
| Family Child Care Homeregistration | 4 to 6 |
| Count |
| Family Child Care Facilitylicense | 7 to 12 |
| Count |
Age limits and totals for every tier, with row-level citations, live on the West Virginia home daycare ratios page.
The three-child informal line and every home tier include children who are living in the household and are under six. A provider with two toddlers of their own may be paid to care for one more child before the home becomes a family child care home.
78CSR19 6.6.a caps a family child care home at six children under thirteen with no more than two under twenty-four months. 78CSR18 7.1.a uses the same six-and-two figures per staff member in a facility, and a second staff member is required above six.
49-2-113(e)(2) takes out occasional care for brief periods while parents shop, attend religious services or handle personal business, and (e)(1) takes out preschool sessions of no more than four hours a day.
78CSR18 and 78CSR19 took effect April 1, 2023 and still name the Department of Health and Human Resources; the Division of Early Care and Education now sits in the Department of Human Services. The statute still says family day-care in 49-2-113 and family child care in 49-1-206 for the same instruments.
Three, counting your own children under six who live in the home, when you are paid for the care, per the informal family child care definition in W. Va. Code 49-1-206.
A home caring for four to six children, which needs a certificate of registration under 49-2-113(d) and 78CSR19, with no more than two children under twenty-four months.
A home caring for seven to twelve children, licensed under 49-2-113(c) and 78CSR18, with two staff whenever more than six children are present.
Care solely for related children is outside 49-2-113 under subsection (e)(5). A relative caregiver who wants subsidy payments can hold a voluntary certificate of registration.
The rules are enforced by revocation of the certificate or immediate closure under 49-2-117 and 49-2-118, and 78CSR18 4.7.b adds an administrative process.
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.