How to Start a Child Care Center in West Virginia: Department of Human Services Licensing

If you want to open a child care center in West Virginia, the credential that controls your opening date is the state child care license. A center may not operate or take children until it is licensed, so every other step in this process leads to that license. Parents often search for a daycare license West Virginia, but the state calls these facilities child care centers, and the rules that govern them are 78 CSR 1 and W. Va. Code 49-2.

The state child care licensing office is now part of the Department of Human Services after the 2024 reorganization. The rules still refer to DHHR, so you will see both names on forms, older guidance and third-party pages. This guide follows the order most new operators work in: forming the business, clearing local and building approvals, meeting inspection requirements, completing background checks, and then applying for the initial license.

This article is informational content, not legal or tax advice. Child care is a heavily regulated business, so have a West Virginia attorney and a CPA review your entity choice, lease and tax setup before you commit money.

What You Need Before You Start

Gather these items before you file anything. Several of them can hold up the rest of the process, and the licensing packet assumes you already have them.

• A business name that is available on the Secretary of State search at http://apps.sos.wv.gov/business/corporations/
• Your formation document: Articles of Organization (Form LLD-1) for an LLC, Articles of Incorporation (Form CD-1) for a corporation, or Form CD-1NP for a nonprofit corporation
• A signed lease or deed for the building, plus written confirmation of city or county zoning and building approval for child care use
• A floor plan showing indoor square footage, the outdoor play area, exits and restrooms, sized to your planned capacity
• The $30 Business Registration Certificate application (Form WV/BUS-APP, or online at business4.wv.gov)
• Background check paperwork and fingerprint appointments for every staff member and volunteer
• A pest management report for the building
• A food plan: either a food service inspection or participation in the Child and Adult Care Food Program (CACFP)
• Contact details for the State Fire Marshal and your county health department so you can schedule their inspections
• A working budget that covers filing fees, professional help and several months of rent and payroll before enrollment income arrives

Steps to License a Child Care Center in West Virginia

Step 1: Confirm the location is approved for child care

Start with the building, not the paperwork. Ask your city or county zoning office in writing whether child care use is allowed at the address and what building approval you will need. West Virginia has 55 counties and 230 incorporated places (towns, cities and villages), so a site can fall under a city or a county depending on where the boundary runs. Get the answer before you sign a lease. A signed lease on a building that cannot be approved for child care leaves you paying rent on space you cannot open. The licensing office will also expect proof of zoning and building approval, so keep the written answer in your file.

Step 2: Form the business entity

Your center can operate as a limited liability company (LLC), a corporation or a nonprofit corporation. The Secretary of State handles all three. You can file online through the WV One Stop Business Portal at https://business4.wv.gov/ or on paper. The entity filing is a formation step, not a license. It does not replace the child care license, but it sets the legal name your license application will use.

For an LLC, the formation document is the Articles of Organization (Form LLD-1). The filing fee is $100, and standard processing takes 5 to 10 business days. Expedited options finish the filing faster, and each adds a fee on top of the filing fee. The name must include “limited liability company,” “limited company,” or an abbreviation such as LLC, L.L.C., LC or L.C. It must be distinguishable from every other name already registered or reserved. You can reserve a name for 120 days for $15 if you need time to finish your plans.

A registered agent is optional. West Virginia does not require a separate commercial registered agent, because the Secretary of State is appointed as attorney-in-fact for every entity that files organizing documents. If you name an agent, it can be an individual resident, a corporation or another LLC. Changes to the agent are filed on Form AAO for $15.

Tax structure matters at this stage. An LLC pays no state franchise tax and, as a pass-through entity, no corporation net income tax. Its members report income on the personal income tax, which runs from 2.11% to 4.58% for tax year 2026. A corporation pays a 6.5% corporation net income tax on federal taxable income. Have a CPA model both options before you file.

Secretary of State item	Fee	Notes
LLC Articles of Organization (Form LLD-1)	$100	Standard processing 5 to 10 business days
Corporation Articles of Incorporation (Form CD-1)	$100	Nonprofits file Form CD-1NP
LLC annual report	$25	Due January 1 to June 30 each year; filings after June 30 cost $75
Corporation annual report	$25	Late fee of $50 for for-profit entities and $25 for nonprofits
Name reservation	$15	Holds the name for 120 days
Trade name registration (DBA)	$25	Plus $1.00 if filed through the online portal; no fee for individuals, sole proprietorships or general partnerships

Step 3: Register the business and check local taxes

Every business entity must hold a Business Registration Certificate from the State Tax Division before it engages in business activity. The one-time fee is $30. Apply on Form WV/BUS-APP or online at business4.wv.gov. Each fixed business location needs its own certificate, and the certificate stays in force until the business name, location or ownership changes. West Virginia has no general statewide business license, so this is the closest equivalent. Registering with the Secretary of State does not replace it.

Next, check the city. Cities, not the state, levy the gross-receipts business and occupation (B&O) tax that applies to many services, and cities may also require a city business license and a weekly per-worker city service fee. For a center with staff, that weekly fee can add up, so ask the city clerk what applies at your address. Then ask whether the city’s 1% sales tax applies to anything you sell. The state sales tax rate is 6%, and 101 municipalities add 1% today, with 107 from January 1, 2027.

If the center will operate under a name other than its legal name, file a trade name registration with the Secretary of State, not the county clerk. Use Form TN-1 for individuals, sole proprietorships and general partnerships, and Form NR-3 for corporations, LLCs and other registered entities. Details are at https://sos.wv.gov/business/registration-and-waivers/register-trade-name-dba.

Step 4: Request the licensing packet and ask about fees

Contact the child care licensing office in the Department of Human Services to request the current application packet and confirm the process. Child care centers are licensed under 78 CSR 1, effective April 1, 2023, and W. Va. Code 49-2. The rule does not set an application or license fee, so ask directly what applies to your application and what inspection or background check costs you will carry. Do not assume a fee is zero because the rule does not list one.

Step 5: Build the space to the square footage rules

Indoor space must be at least 35 square feet per child, and outdoor space must be 75 square feet per child. Plan for the capacity you want to license, not the number of children you expect in the first month. For example, a center planning for 40 children needs at least 1,400 square feet of indoor space (40 times 35) and 3,000 square feet of outdoor play space (40 times 75). Measure your floor plan against these numbers before you finalize the layout, and confirm with the licensing office how it counts rooms and outdoor areas.

Step 6: Get State Fire Marshal approval and a pest management report

Approval for a child care center involves the State Fire Marshal. Ask the Fire Marshal’s office what it will inspect, and request the inspection once your floor plan, doors and exits match the final layout. A change to a wall, door or exit after the inspection can mean scheduling another visit. Also obtain a pest management report for the building and include it in your application packet.

Step 7: Complete the county health department inspection and food plan

Schedule the county health department inspection. Your food plan must be either a food service inspection or participation in the Child and Adult Care Food Program (CACFP). Decide which route fits your meal plan before you buy kitchen equipment, because the inspection checks the setup you have actually installed. If you plan to serve meals, confirm the food service requirements with the health department before you finish the kitchen.

Step 8: Complete background checks for all staff and volunteers

All staff and volunteers need fingerprint-based state and federal background checks through WV CARES. Start this step early because it runs alongside the inspections and the application. Ask the licensing office two questions: whether anyone can work with children while checks are pending, and who besides staff and volunteers, such as owners or household members, must be checked. Do not assume the answer.

Step 9: Submit the application and receive the initial license

Submit your completed application with the documents, inspection approvals and background check paperwork you have gathered. The first license a new center receives is an initial six-month license. The rules also allow a provisional license, so ask the licensing office what circumstances would lead to one. After the initial period, a regular license may be issued, valid for up to two years. Renewal must be requested at least 60 days before the license expires.

Step 10: Understand what the license covers

The license covers one named center at one location, and it is not transferable. If you sell the center or bring in a new owner, that owner needs a new license. If you move the center, you must give 60 days notice and obtain a new license for the new location. Plan leases, sales and expansions around these rules before you sign anything.

Recurring Obligations After Licensing

• Annual report: An LLC files its annual report between January 1 and June 30 each year for $25. Filings after June 30 cost $75.
• Business Registration Certificate: Update it when the business name, location or ownership changes, and keep a certificate for each fixed location.
• Registered agent: If you maintain an agent, file a Form AAO for $15 whenever the agent or address changes.
• License renewal: Request renewal at least 60 days before expiry, and give 60 days notice before any move.

Tips for a Smoother Application

• Build one calendar with the June 30 annual report, the renewal request deadline (60 days before expiry) and any move notice (60 days).
• Keep your Secretary of State filings, Business Registration Certificate and licensing correspondence in one binder or shared folder so inspectors and auditors can find them quickly.
• Ask every question in writing, and save the replies with your application file.
• Use expedited Secretary of State filing only when a signing date or lease deadline depends on it. Expedited options add $25 for next business day or same day in person, $250 for 2 hours and $500 for 1 hour, on top of the $100 filing fee.
• Get help from the West Virginia Small Business Development Center at https://wvsbdc.com/, and use the SBA district page at https://www.sba.gov/district/west-virginia to find more resources.

Common Mistakes to Avoid

• Signing a lease before zoning and building approval are confirmed in writing.
• Treating the Secretary of State filing or the Business Registration Certificate as the child care license.
• Accepting or taking children before the license is issued.
• Assuming the license transfers when ownership changes. It does not, and a new owner needs a new license.
• Planning enrollment without checking the 35 square feet indoor and 75 square feet outdoor minimums.
• Starting background checks late, which can delay staffing and the application.
• Missing the June 30 LLC annual report, which turns a $25 filing into a $75 filing.
• Assuming there is no fee because the rule does not list one. Ask the licensing office.
• Choosing a name that is not distinguishable from another registered or reserved name.

What to Expect from the Process

Operators who work through the steps in order can generally expect the sequence to look like the table below. Timing depends on your local approvals, inspection schedules and how quickly your documents are complete, so treat these figures as the rule’s framework rather than a guarantee.

Stage	What it produces	Timing under the rules or filing options
Entity filing	Filed organizing documents	Standard processing 5 to 10 business days; expedited options can finish in 1 hour, 2 hours or the next business day
Business Registration Certificate	State Tax Division certificate	Permanent until the name, location or ownership changes
Initial license	Six-month initial license	Six months
Provisional license	Available under the rules in certain circumstances	Confirm conditions with the licensing office
Regular license	Longer-term license for the named location	Valid up to two years
Renewal	Renewed license	Request at least 60 days before expiry

A well-prepared applicant may find that the paperwork moves more predictably than the inspections do. Build slack into your opening date for the Fire Marshal, health department and background check steps, since those depend on other agencies’ schedules.

Questions to Ask the Licensing Office

1. Is the packet I received the current version, and does it match this guide?
2. Is there any application or license fee, and what should I budget for inspections and background checks?
3. Who besides staff and volunteers must complete background checks, and can staff work with children while their checks are pending?
4. Under what circumstances is a provisional license issued?
5. How does the 35 square feet indoor and 75 square feet outdoor requirement apply to my floor plan?
6. Which inspections must be completed before the initial inspection visit?

Where to Get Help

The Secretary of State’s business page at https://sos.wv.gov/business covers entity filings, and the State Tax Division at https://tax.wv.gov/ handles the Business Registration Certificate. For child care rules, contact the Department of Human Services child care licensing office directly, since the rules and forms are maintained there. For planning help, the West Virginia Small Business Development Center at https://wvsbdc.com/ can help you think through the sequence before you file.

Disclaimer: This article is informational only. It is not legal, tax or licensing advice, and rules, fees and agency procedures can change. Confirm every figure with the agency named before you act, and consult a qualified West Virginia attorney and a CPA about your situation.