How to Start a Home Daycare in West Virginia: Family Child Care Registration and Zoning

If you want to care for children in your own home, West Virginia has a clear path, but it runs through more than one office. The state registers family child care homes under its licensing rules, while your city can add its own business licence, tax and land-use requirements. This guide shows you how to start a family child care business in West Virginia in the order that causes the fewest surprises: pick the right tier, check zoning and deed restrictions, set up your business name, get your state and local paperwork in order, then apply.

This article is informational content, not legal or tax advice. Rules, fees and agency procedures change. Before you sign a lease, buy a building or commit money, talk with the state licensing office and with a qualified attorney or CPA.

Before You Start: Pick the Right Tier

West Virginia has three home-based tiers, and the one you choose controls everything that follows.

• Family child care home registration (78 CSR 19). Care in your own residence for no more than six children under 13 at one time, with no more than two of them under 24 months old.
• Family child care facility licence (78 CSR 18). Larger operations, in your home or in a separate building. Once you care for more than six children, two staff must be on duty.
• Informal or relative care (78 CSR 20). Care arrangements that fall under their own rule set rather than the two licence tiers above.

The family child care rules took effect April 1, 2023, and the Department of Human Services licensing office runs them. The rule text still refers to DHHR, so when you call, ask for the family child care licensing office by name. The rules set no application fee for home registration, so ask the office what, if anything, applies to you.

Materials and Documents to Gather

Collect these before you open the application so you are not stopping midway to find a document.

• A floor plan or rough sketch of your home with the rooms children will use, sleep areas, exits and outdoor play space marked.
• Full names, dates of birth and addresses of every adult in the household, since each one needs a WV CARES background check.
• Your deed or lease, plus any homeowners association bylaws or deed restrictions.
• Contact details for your city planning or zoning office and your city clerk.
• A payment method for the $30 Business Registration Certificate and any entity or name fees.
• The current text of 78 CSR 19 and a checklist you build from it. Confirm you have the latest version before you rely on it.
• A simple enrollment and attendance system, such as a spreadsheet or binder, that holds emergency contacts and medication permissions.

Step 1: Decide How Many Children You Will Serve

Count children present at one time, not the names on your roster. The home registration limit is six children under 13 at once, and no more than two of them can be under 24 months. Write those limits into your enrollment policy so you turn away the seventh child or the third infant before the rule is broken on a busy afternoon.

Ask the office, in writing, whether your own children under 13 count toward the six. The answer determines how many enrollment spots you really have, so get it before you advertise or sign a parent.

Step 2: Check Zoning, Deed Restrictions and City Rules

W. Va. Code 8-40, effective July 11, 2025, makes a home-based business a permitted use. That is a useful starting point, but it does not settle the question for your address. Cities may still apply fire, building, health and traffic rules to home businesses, and deed restrictions still bind you even where state law allows the use. West Virginia has 230 incorporated places, and the rules in one city may differ from the next.

1. Call the city planning office and ask whether a family child care home at your address raises any zoning, parking or traffic issue. Ask for the answer by email so you have it in writing.
2. Read your deed, plat and any homeowners association covenants for home business or daycare language.
3. Ask the city fire and building offices what inspection, if any, applies to your setup. Do not assume the state registration covers it.
4. If you live outside city limits, ask the county clerk or county planning office whether any local land-use rule applies to your property.

Step 3: Pick Your Business Structure and Name

Most people start a home daycare as a sole proprietor, which means no entity filing is required. If you operate under a name other than your own, such as “Little Oaks Learning,” you need a trade name registration. Individuals and sole proprietors file Form TN-1 with the Secretary of State’s Business and Licensing Division, and there is no filing fee. DBA filings go to the Secretary of State, not your county clerk. Start at the Secretary of State’s trade name page.

If you want an entity between you and your business, you can form an LLC. Articles of Organization (Form LLD-1) carry a $100 filing fee. The name must include “limited liability company,” “limited company,” or an accepted abbreviation such as LLC. The annual report costs $25 and is due between January 1 and June 30 each year. Filings after June 30 cost $75 because of a $50 late fee. A registered agent is optional in West Virginia. If you need to hold a name while you finish paperwork, a name reservation costs $15 and lasts 120 days. File online through the WV One Stop Business Portal or from the Secretary of State’s business page.

Forming an LLC is a filing, not a licence. It does not replace the childcare registration or the Tax Division certificate in the next step, and whether an LLC protects you from liability is a question for an attorney. An LLC pays no state franchise tax, and its members report income on the personal income tax, which runs from 2.11% to 4.58% for tax year 2026.

Step 4: Get Your Business Registration Certificate

West Virginia has no general statewide business licence. The closest thing is the Business Registration Certificate from the State Tax Division. It costs $30 as a one-time fee, and every individual or business entity must hold one before engaging in business activity. Your home is a fixed location, so you need one certificate for it. The certificate stays valid until your business name, location or ownership changes, so update it when any of those change. Apply on Form WV/BUS-APP or online at business4.wv.gov. The Tax Division’s main site is tax.wv.gov.

Registering with the Secretary of State does not replace this certificate. You need both.

Step 5: File Your Family Child Care Home Registration

Registration is issued on application and self-certification. You complete the application, certify that your home meets the requirements in 78 CSR 19, and submit it to the licensing office. The rules call for a decision within 60 days, so file early if you want to open on a specific date.

Background checks are part of the process. You and every household member need WV CARES background checks. Start them as soon as you have names and addresses, because a single delayed check can slow the whole file.

Once issued, the registration must be renewed. Renewal is filed 30 days before expiry, so put that date on your calendar as soon as the certificate arrives.

Step 6: Set Up Your Home to the Rule Text

The rule text sets the standards, and your setup should be built from it, not from memory or from another caregiver’s description. Use these areas as a starting checklist to verify against 78 CSR 19, not as a substitute for the rule:

• Indoor play and learning space, separated from the kitchen and from hazards.
• Sleep areas for infants and toddlers, and how you will supervise them.
• Outdoor play space and a plan for getting children outside safely.
• Exits, smoke detection and emergency routes.
• Storage for medicines, cleaning products and sharp objects, out of children’s reach.
• Food preparation and meal areas, and your plan for allergies.

Keep a dated photo file of the setup. It helps when you explain changes to the office, the city or a parent.

Step 7: Handle the City Licence and B&O Tax

The state does not levy a general business licence, but your city may. The gross-receipts business and occupation (B&O) tax that applies to shops and services is levied by cities, not the state, and it often comes with a city business licence and a weekly per-worker city service fee. The state B&O tax applies only to utilities, so do not expect a state B&O number for your daycare.

Because your home is a fixed location, the city licence and B&O tax can still apply even though you operate from a house. Some cities exempt very small businesses under a $2,500 threshold. Ask the city clerk whether an exemption applies to you and whether the per-worker service fee applies if you hire an assistant.

Sales tax is a separate question. The state rate is 6%, and 101 municipalities add a 1% local sales tax today, rising to 107 from January 1, 2027. Ask the Tax Division whether any sales tax applies to your services, and check whether your city is on the list.

Step 8: Plan for Licensed Trades

Your daycare may need work on the house, such as a new bathroom, a fenced play yard or new wiring in a kitchen. Several trades are licensed in West Virginia, so check before you hire.

• Contractor Licensing Board: residential work above $5,000 or commercial work above $25,000 requires a contractor licence.
• State Fire Marshal: licenses electricians.
• Division of Labor: licenses plumbers and HVAC technicians.

Ask every contractor for the license number and verify it before work begins.

Step 9: Calendar Your Recurring Deadlines

Your recurring obligations are few, but they are easy to miss:

• Family child care registration: file renewal 30 days before expiry.
• LLC annual report: file between January 1 and June 30 each year.
• Tax Division certificate: update it when the name, location or ownership changes.
• Trade name: keep your Secretary of State record current if your name or structure changes.

What It Costs

The table below lists the fees verified for this guide. The home registration fee is not set in the rules, so confirm it with the licensing office, and confirm every city fee with the city.

Item	Cost	Agency
Family child care home registration	No application fee set in the rules; ask the office	Department of Human Services licensing office
Business Registration Certificate	$30, one-time	State Tax Division
Trade name (DBA), sole proprietor	No filing fee (Form TN-1)	Secretary of State
Trade name (DBA), other entity types	$25, plus $1 if filed online	Secretary of State
LLC Articles of Organization	$100	Secretary of State
LLC annual report	$25 if filed by June 30; $75 after June 30 (includes a $50 late fee)	Secretary of State
Name reservation	$15, lasts 120 days	Secretary of State
City business licence and B&O tax	Set by each city; confirm locally	City clerk

Common Mistakes to Avoid

• Counting only enrolled children. Drop-in or part-time children present at the same time count toward the limit.
• Treating state approval as city approval. The registration does not clear zoning, city licence or city tax.
• Skipping the deed check. A neighborhood covenant can restrict the use even where state law allows it.
• Assuming an LLC replaces the registration. An entity filing with the Secretary of State is not a childcare approval or a Tax Division certificate.
• Taking enrollments too early. If the decision takes longer than you planned, families you signed will be waiting.
• Waiting on background checks. Start them with the first application documents.
• Using a DBA without registering it. A name you operate under needs the Secretary of State filing.
• Hiring an unlicensed contractor. Verify every license number before the work starts.

What to Expect After You File

The process is staged, not instant. Plan for several weeks of paperwork and background checks, a decision window of up to 60 days from the licensing office, and a city review that can run alongside. A complete application, a written answer from the city on zoning and a documented home setup can help you open on schedule, but no filing or agency guarantees a particular enrollment level, schedule or income.

When enrollment outgrows the home tier, the facility licence under 78 CSR 18 is the next step. It requires two staff on duty for more than six children and starts with a six-month initial licence before moving to a licence of up to two years. Plan that move with a CPA and an attorney, because staffing and building changes can carry costs that the home tier does not.

Where to Get Help

The West Virginia Small Business Development Center can review a business plan and help you think through entity and tax questions. For licensing specifics, contact the Department of Human Services family child care licensing office directly.

Disclaimer: This article is general, informational content about starting a family child care business in West Virginia. It is not legal, tax or financial advice. Confirm current rules, fees and deadlines with the agencies named above, and consult a qualified attorney or CPA about your situation before you commit.