Part II. Licensure Requirements
8VAC20-821-20. Necessity for license.
Every person that constitutes or that operates or maintains a child day program or family day system as defined in Title 22.1 of the Code of Virginia shall obtain the appropriate license from the superintendent, which may be renewed.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-30. License.
A. A license is issued to a specific person. A license is not transferable from one person to another.
B. A license issued under this chapter shall expire two years from the effective date of the license. The superintendent may extend or shorten the duration of licensure periods for a child day program or family day system whenever, at the superintendent's sole discretion, it is administratively necessary to redistribute the workload for greater efficiency in staff utilization.
C. A license shall be issued on a form prescribed by the superintendent.
D. The license and any other documents required by the superintendent shall be posted in a conspicuous place on the licensed premises.
E. A license shall be issued with the following terms:
1. The name of the person to whom the license is issued;
2. The date the license is effective and the date the license expires;
3. The name in which the licensee is doing business;
4. The physical location of the facility;
5. The maximum number of children who may be in care at any time;
6. The age range of children for whom care may be provided; and
7. Any other stipulations or conditions that the superintendent may prescribe within the context of the licensing standards or laws.
F. Any administrative sanction imposed by a special order or any sanction imposed by a final order shall be considered a term of the license.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-40. Qualifications for licensure.
A. Each application for licensure shall be made to the superintendent on the form prescribed by the superintendent, and shall include the following information:
1. The name and address of the applicant;
2. If the applicant is an association, partnership, limited liability company, or corporation, the name and address of the business entity and the names of its partners, members, officers, directors, or agents;
3. A description of the activities proposed to be engaged in;
4. A description of the facilities and services to be employed; and
5. Additional information as required by the superintendent as part of the application process.
B. The applicant shall submit a completed application, including all required documentation, and fee to the superintendent. No applicant may begin operations for which a license is required before being issued a license or a conditional license by the superintendent.
C. Every applicant for licensure as a child day program or family day system shall have the following qualifications:
1. The applicant and any of the applicant's partners, members, officers, directors, or agents shall be of good character and reputation.
2. The applicant and any of the applicant's partners, members, officers, directors, or agents shall submit to a background check in accordance with licensing standards.
3. The applicant shall disclose whether the applicant or any of the applicant's partners, members, officers, directors, or agents has ever had a license issued by any local, state, or national regulatory body that has been revoked, suspended, denied, or surrendered instead of an adverse action.
4. The applicant and any of the applicant's partners, members, officers, directors, or agents shall be at least 18 years of age.
5. The applicant shall demonstrate financial responsibility.
6. The applicant shall have completed a prelicensure orientation offered through or approved by the superintendent that focuses on health and safety standards, application processes, background check requirements, and general licensure requirements.
a. The superintendent may, at the superintendent's discretion, waive the prelicensure orientation requirement or issue a license conditioned upon the applicant's completion of the prelicensure orientation program.
b. Applicants who have previously completed the prelicensure orientation program training and have not been subject to a license denial or revocation shall not be required to complete the prelicensure orientation program a second time.
7. The applicant shall demonstrate compliance with all applicable licensing standards.
D. Applicants for licensure as a child day center shall meet the requirements of 8VAC20-821-50 regarding buildings and functional design.
E. The applicant shall at all times allow the superintendent reasonable access and opportunity to make on-site inspection of the facility in order to determine compliance with applicable licensing standards.
F. The applicant shall allow the superintendent reasonable opportunity to inspect the applicant's records. Records that contain confidential proprietary information furnished to the department pursuant to this section shall be exempt from disclosure pursuant to subdivision 4 of § 2.2-3705.5 of the Code of Virginia.
G. The applicant shall allow the superintendent to interview the applicant's agents and employees and any person living or participating in the applicant's facilities or under the applicant's custody, control, direction, or supervision in accordance with subsection A of § 22.1-289.018 of the Code of Virginia.
H. It is the responsibility of the applicant to demonstrate qualifications for licensure and compliance with licensing standards. All determinations of qualification and compliance shall be at the discretion of the superintendent. Failure to demonstrate qualifications and compliance for licensure may constitute grounds for denying a license.
I. A license shall not be issued to an applicant who does not constitute or who does not operate or maintain a child day program or family day system as defined in Title 22.1 of the Code of Virginia.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-50. Buildings and functional design.
A. Buildings for applicants as child day programs or family day systems shall be classified by and meet the specifications for the proper Use Group as required by the Virginia Uniform Statewide Building Code (13VAC5-63).
B. An applicant for licensure as a child day center shall submit inspection reports from state or local fire authorities, as applicable, to determine compliance of the building with the Virginia Statewide Fire Prevention Code (13VAC5-51).
C. An applicant for licensure as a child day center shall submit inspection reports from state or local health authorities that shall include an inspection of general sanitation and, if applicable, water supply, sewage disposal systems, and food service operations for the building in which the facility is operated.
D. The building used by an applicant as a child day center shall meet all functional design requirements before approval for licensure.
E. Applicants are encouraged to consult as early as possible with the department regarding building plans and licensing standards in order to avoid noncompliance.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-60. Modification of the terms of the license.
A. A licensee may submit a written request to the superintendent for a modification of the terms of the license at any time during the license period.
B. If the superintendent grants a modification, the department will issue a modified license reflecting the changes.
C. No modification shall be granted to change or replace the person to whom the license was granted.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-70. Variances.
A. Any demonstration of hardship or request for a variance shall be made to the superintendent and shall be in writing on a form prescribed by the superintendent. The request for a variance shall include the following:
1. The specific standard for which the applicant or licensee is requesting a variance;
2. A detailed description of the substantial programmatic or financial hardship that will be caused by the applicant or licensee's compliance with the standard for which the variance is requested; and
3. The proposed alternative to the standard that will protect the safety and well-being of the children in care.
B. When requested by the superintendent, the applicant or licensee requesting the variance shall obtain additional information to substantiate either (i) that compliance with the standard will cause substantial programmatic or financial hardship or (ii) that the proposed alternative to the standard will protect the safety and well-being of the children in care. The additional information may include the opinions of professionals in the field, research, or studies.
C. The superintendent may attach conditions to a variance upon approval.
D. A variance may be rescinded or modified upon a change in the facts on which the superintendent relied in granting the variance.
E. A variance is not transferable between persons.
F. The superintendent shall review each approved variance at least annually.
G. An applicant or licensee shall not make the programmatic change for which the variance was requested [ before receiving written approval from the superintendent. Initiating the programmatic change before receiving approval for the requested variance may be grounds for denying the request for the variance and may constitute grounds for adverse action.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-80. Conditional license.
A. The superintendent may issue a conditional license to an applicant in order to permit the applicant to demonstrate compliance with the requirements for licensure. A conditional license may be issued for a term not to exceed six months. A conditional license may be renewed, but a conditional license may not be held for longer than six months from the original issuance of the conditional license.
B. If, at the end of the conditional license, the applicant is still unable to demonstrate compliance with all of the licensure requirements, the application for licensure shall be denied unless a provisional license is issued.
C. A conditional license may be voided and a license issued if the superintendent determines that the applicant meets the qualifications for licensure.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.
8VAC20-821-90. Refusal of license issuance.
When issuance of a license for a child day program or family day system has been refused by the superintendent, the applicant shall not thereafter for a period of six months apply again for the license, unless the superintendent in the superintendent's sole discretion believes that there has been a change in the conditions on account of which the license was refused as to justify considering a new application. When an appeal is taken by the applicant pursuant to subsection A of § 22.1-289.024 of the Code of Virginia, the six-month period shall be extended until a final decision has been rendered on appeal.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. February 1, 2026.