What’s changing in Virginia Licensing Standards in 2026?

If you're a child care director in Virginia, you've probably heard the news: Virginia has proposed completely rewritten licensing standards for child day centers. The current standards (8VAC20-780, effective since 2021) will be repealed and replaced with new standards (8VAC20-781) that are more detailed, more prescriptive, and in many cases, more stringent than before.

These new standards are currently at stage 2 of Virginia's three-stage regulatory process. The public comment period closed on January 30, 2026 with 108 comments submitted. The regulation will return to the Board of Education at their March or April 2026 meeting for final stage consideration, where staff will present any recommended amendments based on public feedback. Once approved at this final stage, the new standards will become effective.

Until officially adopted, inspectors will continue using the current 2021 standards. However, understanding what's coming allows you to prepare for implementation once the Board gives final approval.

While many requirements remain the same, there are critical new additions that will require immediate action from directors. We've combed through dozens pages of regulatory text so you can see what’s changed, what's new, and what you need to prioritize should these become final.

What’s staying the same in Virginia’s new licensing standards in 2026?

The good news is that the foundation of Virginia's child care standards remains intact. Many of the core requirements you've been following for years haven't actually changed, including staff-to-child ratios; basic safety protocols; physical environment standards like square footage requirements, and age-appropriate equipment; meal and snack requirements; and parent communication expectations are still rooted in the same foundation

So if you've been running a quality program that meets the previous standards, you're definitely not starting from scratch. Think of these updates as building on what you already know rather than replacing it.

What’s changing in Virginia’s licensing standards in 2026?

With all the fundamentals of what makes a quality program staying the same, let’s dive into which specific requirements look different this year. This article covers the primary changes, but we encourage you to review the full proposed standards (8VAC20-781) to understand all requirements that may affect your program.

Health and safety licensing changes

Building requirements

Does your center operate in an older building? Virginia has added 3 significant environmental safety requirements that weren't explicit in the current regulations.

1. Centers in buildings constructed before 1978 must now obtain a lead risk assessment from a licensed lead risk assessor before receiving their initial license. Lead exposure is a serious health risk for young children. This requirement aligns Virginia with federal standards for protecting children in older buildings.
   
2. Your fire code may already require this, but the proposed licensing standards now also require that every building built before 2015 that operates a licensed child day center must now be equipped with at least one carbon monoxide detector. This is so important because carbon monoxide is an invisible, odorless gas that can be deadly.
   
3. Centers must either develop and implement a plan to test their potable water for contaminants (and remediate if necessary) or use bottled water that meets FDA standards for human consumption. If you choose bottled water instead, be sure to notify the superintendent, Virginia Department of Health, and all families.

‍Expanded emergency care plans and drills

Emergency preparedness requirements have been significantly updated.  Centers must now conduct lockdown drills a minimum of twice per year. This replaces the current requirement of once a year.

Licensed providers are already required to have clear communication plans for staff, parents, and emergency responders and a documented reunification process. But the proposed standards now also require: 

• Detailed procedures for accounting for all children during emergencies (in Famly, you can conduct a Name-to-Face check)
• Specific accommodations for infants, toddlers, and children with special needs

What you need to do: Review and update your emergency preparedness plan, and include all required scenarios: fire, severe weather, loss of utilities, intruder, etc. When your plan is updated, train staff so they feel prepared in case of any event. And, when you have that training, document that as well!

Emergency care plans‍

These are now required for any health issue likely to result in a medical emergency (not just diagnosed food allergies). This could include: asthma, diabetes, seizures, and more. 

What you need to do: 

Review all children’s health information, and, when necessary, work with parents and doctors to develop their specific emergency care plans. Once those are finalized, inform your staff and keep all plans accessible in case an emergency arises.

Epinephrine training and documentation‍

Speaking of medical emergencies, one of the most significant changes to the health and safety domain of Virginia’s licensing standards is related to the use of epinephrine to manage allergies. 

Allergic reactions can occur without warning, and epinephrine must be administered quickly. Having epinephrine on hand could save the life of a child whose allergy wasn't previously known. Virginia has created a streamlined training pathway for stock epinephrine administration that doesn't require the full medication administration certification. 

What you need to do:

• Develop written policies for possession and administration of stock epinephrine
• Ensure only authorized, trained staff can administer it, and document which staff are certified
• Store it securely but accessibly
• Ensure at least one trained staff member has access to appropriate weight-based dosages at all times

Safe sleep 

Virginia is now more explicit about safe sleep rules, including what can and cannot be in a crib with a sleeping infant. 

Swaddling is now prohibited, along with weighted blankets, bibs, necklaces, and garments with ties or hoods. Sleep-adaptive equipment (like positioners or wedges) are still prohibited unless specifically ordered by a physician in writing. 

The new standards also clarify cribs can only be used for rest and sleep, not as play spaces. Infants cannot be confined in one piece of equipment (swing, bouncer, high chair, etc.) for more than 30 consecutive minutes when awake. At least 30 minutes must pass before the infant is placed in equipment again. Similar limits apply to toddlers and twos, but with a 1-hour interval between confinements.

What you need to do: 

Review your current safe sleep guidance. If you explicitly outline safe sleep in your employee handbook, you’ll need to update to the new standards. Be sure your staff understand and adhere to the new policy. 

Supervision requirements

Virginia's proposed standards include more explicit language about what constitutes adequate supervision, particularly around restroom use and transitions between activities. These clarifications address a gray area that has sometimes led to confusion during inspections. Even brief supervision lapses are among the most serious violations because they create immediate safety risks. 

The new standards clarify that children younger than 10 years old require sight and sound supervision at all times, with specific guidance for restroom use:

• Staff need only be able to hear a child using the restroom (not directly observe)
• There must be a system to ensure unauthorized individuals aren't present in restroom areas while children are using them
• Staff must check on any child who hasn't returned from the restroom after 5 minutes
• Depending on restroom location and layout, staff should provide intermittent sight supervision during this 5-minute period to ensure safety and provide assistance as needed
• Staff must be able to directly hear or see children (video equipment, intercom systems, or other technology cannot substitute for direct staff supervision)

For children 10 years and older, the standards allow for more independence but still require that staff can hear or see the children and are nearby if intervention is needed. Staff have to provide sight and sound supervision at intervals not longer than 15 minutes. 

What you need to do:

Review your current supervision practices, especially during transitions like restroom breaks, outdoor time, and classroom rotations. Make sure all staff understand that "supervision" means being able to directly see or hear children instead of relying on cameras or monitors. Document your supervision procedures in your staff handbook and include specific protocols for restroom supervision in your orientation training.

Staff training licensing changes

Staff training requirements have been expanded, and clarity has been given over the types of information given in staff training. 

Your staff must take the regular 16 annual training hours. But as of 2026, three of those hours must now be the Virginia Department of Education's health and safety update course - a specific course offered by the state. You need to ensure all staff complete it annually, and track completion with maintained documentation.

Orientation training for new staff is also more comprehensive. The new standards include 20 specific topics, compared to the previous 11.

New additions include: 

• Confidentiality,  privacy, technology use, and social media expectations
• Child development and classroom management
• More detailed coverage of emergency procedures.

What you need to do: Take time to update your orientation curriculum to cover all required topics, and document that each topic was covered. Remember that orientation still needs to be completed within the required 7-day timeframe, so you may need to adjust how you structure those first week training sessions to fit everything in.

There's also a new requirement specifically for directors. Directors must now complete a department-sponsored prelicensure orientation within 60 days of employment or promotion. If you're a new director or recently promoted into the role, you'll need to register for and complete this orientation and maintain documentation of completion, as this could be checked during inspections.

Documentation Changes

Parents must now annually confirm that the information in their child's record is accurate, and their confirmation must be documented.

What you need to do: Create a process for parents to review and confirm record accuracy each year. Document when confirmation occurs, and be ready to update records as needed.

If you use childcare management software like Famly, you can easily build this into your annual re-enrollment process, or use the Forms feature to automatically send a reminder to all families annually.

Other licensing changes

Mealtime Safety

The new standards clarify that children must remain seated while eating or drinking - not just avoid walking around. Additionally, children are now explicitly prohibited from eating while riding in vehicles due to choking hazards.

What you need to do: If you provide transportation, inform drivers and staff that snacks cannot be consumed during vehicle rides. Review your mealtime supervision practices to ensure children stay seated throughout meals and snacks.

Screen Time

For the first time, Virginia has established explicit limits on the use of screen time in childcare settings: 

• Infants (birth to 16 months): Visual media is prohibited
• Toddlers (16-24 months): Up to 2 hours per day (only if center operates 6+ hours/day)
• Children 2 years and older: Maximum 2 hours per day unless content is curriculum-based or educational
• School age children: Those attending educational programming that incorporates technology into curriculum are not subject to the 2-hour limit.

What you need to do: Be sure to communicate these limits with your staff. We recommend including this in your staff handbook and ask them to sign that they acknowledge these changes.

Infant Care 

Staff must now check diapers and disposable training pants at least once every two hours. The old standards did not specify this frequency. 

What you need to do: Be sure to inform your staff and document all diaper changes by pen and paper, or with one click inside a childcare management software like Famly.

Additionally, there is new guidance on how to warm bottles:

• Must be warmed under running warm tap water OR in a container of water no warmer than 120°F
• If using a bottle warmer or slow-cooking device, it must be used according to manufacturer instructions and kept out of children's reach
• Bottles shall NOT be heated in a microwave (this was already prohibited, but language is more emphatic)

Specific animal bans

The proposed standards will explicitly prohibit certain animals from your grounds during open hours, including monkey, bats, ferrets, dangerous and venomous animals, reptiles, parrots and parakeets, stray/wild animals.

Soft items

Under the proposed regulations (8VAC20-781-420 D), all soft items including stuff animals, blankets, pillows, dress-up clothes, or dolls must be washed at least once a week to prevent the spread of communicable diseases. Consider labeling items with wash dates or creating a rotation system to ensure that you’re keeping up with the new requirement. 

What do you do if you disagree with a childcare inspector’s report?

Virginia's proposed licensing standards are comprehensive and detailed, but even with clear regulations, there can be disagreements about interpretation or application during inspections. You have the right to question, clarify, and appeal decisions made during licensing inspections.

1. Ask for clarification

Many directors feel hesitant to question licensing decisions because they worry about damaging their relationship with inspectors or jeopardizing their license. But the review process exists precisely because regulations can be complex and interpretations can vary.

If an inspector cites a violation or requires a specific action, you can always ask them to show you the specific standard that applies. They should be able to help you understand how your practice violates the regulation, and supporting documentation of this requirement.

2. Determine if you want to appeal

Virginia recently revised its appeals process, with new procedures taking effect February 5, 2026. If you want to dispute a licensing decision, you must request an appeal within 5 business days of receiving notification of the licensing decision you wish to dispute. This is a substantial change from the previous 30-day window, so prompt action is critical.

Consider requesting an appeal if:

• A violation seems inconsistent with the written standards
• You've received conflicting guidance from different inspectors
• You believe an inspector misunderstood your program's practices or documentation
• You have new evidence or context that wasn't considered in the initial decision

To request an appeal, contact the superintendent or their designee immediately. Clearly explain which decision you're disputing and why, and provide any supporting documentation that explains your position.

Given the compressed timeline and structured nature of the appeals process, consider reaching out to other Virginia providers who have been through something similar, your local child care association, or legal counsel familiar with child care licensing if you're considering an appeal.

How Famly can support compliance in Virginia

Many of these changes involve tracking, documentation, and reporting. To take that burden off, having child care management software can make compliance significantly easier. Famly can specifically support with:

• Real-time staff-to-child ratio monitoring
• Automated alerts for expiring certifications and authorizations
• Digital incident and injury reporting with parent and guardian notification
• Health and allergy information accessible to staff
• Medication administration logs

Famly is also closely monitoring the regulatory process of the proposed Standards, and we will keep this article updated as things change. And, of course, once the Board gives final approval, we'll provide updated guidance on implementation timelines.

Change is never easy, especially when it comes with regulatory deadlines and inspection pressure. But these new standards reflect Virginia's commitment to providing the safest, highest-quality care for young children. Most of these changes are things you may have already been doing. Now they're just formalized and documented. 

Thank you for all the work you do to create a safer, healthier environment for the children in your care.

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If you're facing these new requirements and feeling overwhelmed by the paperwork, we're here to help. Download our complete compliance checklist or schedule a demo to see how Famly can simplify admin.