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Home Daycare License Requirements in Delaware (2026)
Opening a home daycare in Delaware means getting a family child care home license from the Delaware Department of Education (DOE), Office of Child Care Licensing (OCCL). Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.
In brief — Delaware
- Licensing agency
- Delaware Department of Education (DOE), Office of Child Care Licensing (OCCL)
- Program / rule
- Family Child Care Home license (and Large Family Child Care Home license) under DELACARE: Regulations for Family and Large Family Child Care Homes, Final August 2022 (rescinded/promulgated by DOE OCCL); statutory basis = 14 Del.C. §§3001A–3005A, "The Delaware Child Care Act." (Order taken by the Secretary pursuant to…
- Maximum group size
- THERE IS NO GROUP-SIZE RULE IN 14 DE Admin. Code 934 DISTINCT FROM CAPACITY. The chapter contains no per-room maximum, no requirement to divide children into age groups, and no separate 'group' concept at all. The only ceilings are the Section 57 and Section 68 envelopes and whatever number OCCL prints on the licence…
- CPR & first aid
- Yes — required before licensure
- Last verified
- 2026-08-25
Who needs a license — home types in Delaware
DELAWARE RUNS THREE HOME-BASED TIERS UNDER TWO LICENCES, AND THE DIVIDING LINES ARE AGE-WEIGHTED, NOT A SINGLE HEADCOUNT. FAMILY CHILD CARE, defined at Section 3: '“Family child care home” or “family home” means a private home in which a licensee lives and provides licensed child care.' The residency requirement is not decorative — Section 6.A: 'A family home licensee must live in and provide care in the licensee's private residence.' '“Private home” means a non-public residence, such as a house, duplex, townhouse, apartment, or mobile home, where a licensee lives and has control over the furnishings and use of space' (Section 3). An apartment or a mobile home qualifies; the control-over-space element is what an inspector tests when a provider shares a house with a landlord or another family. Section 4.C carries the full operative description: 'Family child care is a licensed child care service offered by a person or a corporate entity. A licensee provides this service for less than 24 hours per day and children attend without a parent or guardian. A licensee receives payment for services provided.
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
How many children you can care for in Delaware
HEADLINE NUMBERS: Level I family home — 5 or 6, depending on which of two options you licence under. Level II family home — 9. Large family home — 12. But the number on the licence is not a number you choose; Section 13.T: 'The maximum number of children allowed to be present at any given time will be determined by the family licensee's or large family provider's experience and qualifications, the ages of the children living in the home, the amount of usable child care space, and fire marshal and zoning limitations.' Four independent ceilings, and the lowest one wins. THE DEFINITION THAT DOES THE WORK. Section 3: '“Capacity” means the total number of children, excluding school-age household members who are attending public or private school, that may be present at one time.' Everything else in Section 14 is an elaboration of that one exclusion. SECTION 14, GENERAL CAPACITY, VERBATIM, BECAUSE EVERY CLAUSE IS A TRAP FOR SOMEBODY: 14.A — 'Preschool-age or younger household members count toward the capacity even if they attend care somewhere else.' Your own three-year-old occupies a paid slot on the days she is at a centre across town. 14.B — 'Any child preschool-age or younger present at the home counts toward the capacity.' 14.C — 'School-age household members, ages five to 12 years of age, not attending school outside of the home count toward the capacity as preschool-age children.'
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
Adult-to-child ratios
DELAWARE DOES NOT PUBLISH AN ADULT-TO-CHILD RATIO TABLE FOR HOME-BASED CARE, AND ANYONE WHO SHOWS YOU ONE FOR DELACARE 934 HAS BUILT IT THEMSELVES. There is no '1:4 infants, 1:6 toddlers' grid anywhere in 14 DE Admin. Code 934. The regulation controls exposure with three instruments instead: (1) age-banded capacity envelopes per licence level, (2) hard sub-caps on the number of children under 12 months and under 24 months, and (3) for large family homes only, STAFFING TRIGGERS that force a second and then a third adult. Sections 57 and 68 are the whole of it. FAMILY CHILD CARE HOME — SECTION 57. There is exactly one adult required, and it is the licensee. Section 54.B: 'A licensee shall be present and providing child care at all times except during the limited use of a substitute.' No family-home configuration in the regulation requires a second adult. The control is entirely the envelope: LEVEL I, OPTION A (57.A) — 'up to four children preschool-age or younger and for up to two additional school-age children that do not live in the family home and attend only before school, after school, during school holidays, and during school vacation; 1. No more than two of the six children may be under the age of 12 months; and 2. No more than six children may be present at any time.
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
Training you must complete before licensure
EVERYTHING BELOW MUST BE IN OCCL'S HANDS BEFORE THE INITIAL PROVISIONAL LICENCE ISSUES. Section 7.A.3 lists it among the 'Items to be Submitted', and the trigger clause is conditional: 'Documentation of completion of pre-service training in the following topics, IF THE APPLICANT WILL WORK WITH CHILDREN.' A large family licensee who never works the floor is outside the pre-service list — but remember Section 66.C, which makes any licensee present seven or more hours a week a staff member. THE PRE-SERVICE BLOCK, VERBATIM (Section 7.A.3): • 'Six hours of quality-assured child development;' • 'Three hours of quality-assured positive behavior supports or social-emotional development;' • 'Prevention and control of infectious diseases, including immunization;' • "OCCL's approved Health and Safety Training for Child Care Professionals that includes the following topics: Prevention and control of communicable diseases including immunization; Safe sleep practices, including prevention of sudden infant death syndrome; Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment; Prevention of and response to emergencies due to food and allergic reactions; Building and physical grounds safety; Emergency preparedness and response planning; Handling and storage of hazardous materials and proper disposal of bio-contaminants; Administration of medication; and Safety measures in transporting children;" • 'Recognition of the symptoms of child abuse and neglect, the child abuse and neglect law, and reporting requirements (certificate required).'
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
Ongoing (annual) training
TWO DIFFERENT ANNUAL FIGURES AND TWO DIFFERENT DEADLINE CLOCKS. Family child care: 12 clock-hours, due at least 30 DAYS BEFORE the licence expires. Large family child care: 15 clock-hours per qualifying person, due WITHIN the dates printed on the licence. Missing the family-home 30-day margin is a citation even if you complete the hours before expiry. FAMILY CHILD CARE HOME — SECTION 56.B, VERBATIM: 'A family provider shall successfully complete at least 12-clock-hours of annual training including one hour of health or safety training as accepted by OCCL. Annual training must be in at least three of the following areas: Child development; Developmental curriculum planning or environment and curriculum; Observation and assessment; Positive behavior management or social-emotional development; Health, safety, physical activity, and nutrition; Family and community; Professionalism; Disability non-discrimination, accommodations, or modifications; and Management and administration related to running a child care facility. Annual training may be within one or two areas if a college or university course was successfully completed or a training was six or more clock hours in length.'
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
Background checks
DELAWARE RUNS THE STRICTEST VERSION OF THE POST-CCDBG MODEL, AND ITS HARDEST EDGE IS A DATE THAT HAS ALREADY PASSED: SINCE 1 JANUARY 2023 A FINGERPRINT RECEIPT IS NO LONGER ENOUGH TO PUT SOMEONE IN THE HOME. THE DEFINITION. Section 3: '“Comprehensive background check” means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history including a search of the National Crime Information Center's National Sex Offender Registry; and a search of state criminal, sex offender, and child abuse and neglect registries, repositories, or databases in the state where the person resides, and in each state in which the person resided during the past five years.' OCCL's FAQ, read 2026-08-25, restates it operationally: 'A fingerprinted Delaware State Bureau of Identification (SBI) and Federal Bureau of Investigation (FBI) report of a person's entire criminal history, a search of the Delaware Child Protection Registry, Delaware Sex Offender Registry, all necessary out-of-state sex offender registries, and the National Sex Offender Registry.' WHO. Section 7.A.3 at initial licensure: 'Comprehensive background checks for the applicant, adult household members, substitutes, staff members, and adult volunteers including State and federal fingerprint checks.' '“Household member” means a person living in or spending the night in a family or large family home for more than 30 days within a year OR a person who has a current driver's license or state-issued identification card showing the address listed on the license application' (Section 3). That second limb catches the adult child who has moved out but never changed his licence.
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
The application, step by step
Work through these in order — the prep packet turns them into a checklist you can tick off:
- STEP 1 — DECIDE WHETHER YOU NEED A LICENCE AT ALL, AND WHICH ONE. You need one if you have 'custody or control of 1 child or more under the age of 18 years, unattended by parent or guardian', are 'compensated', and hold yourself out as conducting child care (14 Del.C. §3002A(1)a.). You do NOT if you are unpaid (OCCL FAQ: 'You do not need a license if you are not paid'), if the children are placed by a licensed child placing agency (14 Del.C. §3002A(1)c.1.), if you are a nanny in the child's own home (Section 4.C), or if you are a military family child care provider as newly defined at 14 Del.C. §3002A(5) (85 Del. Laws, c. 105, approved 23 July 2025). Relative care is exempt only for 'a…
- STEP 2 — ATTEND OCCL'S INFORMATION SESSION AND ORIENTATION. This is Section 7.A.1, the literal first item in the licensing chapter: 'Attend OCCL's information session and orientation to learn the application process and regulations.' OCCL runs separate sign-ups for the Family Child Care Home session, the Large Family Child Care Home session and the Center session (OCCL FAQ, 'How do I become licensed?'). Free of charge. Do this first: the application clock in Step 5 starts from OCCL's receipt of the application, and if you do not get licensed within a year 'you will need to attend an information session and orientation again and submit a new application' (Appendix I, face of form).
- STEP 3 — CONFIRM YOU PERSONALLY QUALIFY FOR THE TIER YOU WANT, BEFORE SPENDING MONEY ON INSPECTIONS. Level I family provider: 'at least 18 years old and have at least a high school diploma or its equivalent' (Section 55.B, for programmes licensed after 1 January 2009). Level II: written OCCL approval (Section 55.C) plus EITHER 24 months of group experience, 3 months of supervised student teaching, or 24 clean months as a licensed Level I (Section 55.D) AND 60 clock-hours across eight named areas, or 3 college credits, or early-childhood-assistant-teacher qualification (Section 55.E). Large family provider: 'at least 21 years old, has 24 months of experience working with children in a…
- STEP 4 — COMPLETE PRE-SERVICE TRAINING AND GET YOUR CARDS, IF YOU WILL WORK WITH CHILDREN. Six hours of quality-assured child development; three hours of quality-assured positive behavior supports or social-emotional development; prevention and control of infectious diseases including immunization; OCCL's approved Health and Safety Training for Child Care Professionals covering its nine listed topics; and recognition of the symptoms of child abuse and neglect plus the law and reporting requirements, '(certificate required)' — all from Section 7.A.3. Plus 'Current certifications in CPR including a skills demonstration and first aid for the ages of the children in care. Applicants for large…
- STEP 5 — FILE THE INITIAL APPLICATION. 'Submit a completed Family Child Care Home Initial License Application (see Appendix I) or a Large Family Child Care Home Initial License Application (see Appendix II), as applicable' (Section 7.A.2). Required content per 7.A.2: 'Applicant's name, address, email, and phone numbers; Applicant's references: for corporations contact information for officers; for LLCs contact information for managing member; Previous licensure information, if applicable; Program information (including ages of children to be served); Household members; and Certifications that include: Agreement to comply with federal and State laws and regulations including, but not…
- STEP 6 — START THE BACKGROUND CHECKS EARLY; SINCE 1 JANUARY 2023 A RECEIPT IS NOT ENOUGH. Comprehensive background checks are needed 'for the applicant, adult household members, substitutes, staff members, and adult volunteers including State and federal fingerprint checks' (Section 7.A.3). The current mechanics (OCCL FAQ, process effective 11 September 2023, 'Walk-in appointments will no longer be accepted'): generate the pre-filled form in the Delaware ECE Portal; the applicant signs and returns it to CHU at DSCYF_CHU@delaware.gov or fax (302) 633-5191; CHU emails an IdentoGO Service Code and a No Charge Authorization Code; book and attend the in-person IdentoGO appointment; CHU sends…
- STEP 7 — GET THE HEALTH APPRAISALS AND TB SCREENING DONE. For 'the applicant, all adult household members, and the substitute', 'completed within one year before the application date', including 'a tuberculosis (TB) test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or others'; plus 'Health appraisals for child household members' (Section 7.A.3). The appraisal must document conditions posing a direct threat and any reasonable accommodations, and OCCL uses it 'for the purposes of determining whether the health condition creates a significant risk to children.'
- STEP 8 — CLEAR THE BUILDING: ZONING, LEAD, RADON, ELECTRICAL, LANDLORD. All from Section 7.A.3. Zoning — 'Proof of compliance with zoning codes, and, if applicable, other codes, regulations, guidelines, or laws, such as those from Division of Revenue, Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water.' LEAD — 'Homes constructed in or after 1978 are exempt from lead-paint risk assessments and testing'; if pre-1978, 'a lead-paint risk assessment performed by an environmental testing firm certified by DPH showing the home to be free of lead-paint hazards'; if intact lead paint is found, 'the licensee shall monitor the…
- STEP 9 — ASSEMBLE THE REMAINING PAPER: references, service letters, business licence, menu, emergency plan. Section 7.A.3: 'The names, addresses, phone numbers, and email addresses for three references who are familiar with, but not related to, the applicant and can describe the applicant's interactions with children' — Appendix I adds that if you have no work history in the last five years you must list five. 'Release of employment form that allows OCCL to collect service letters as per 19 Del.C. §708. The form will list the applicant's current or most recent employer and all health care and child care facilities where the applicant worked within the past five years. If an applicant has…
- STEP 10 — IF YOU ARE APPLYING FOR A LARGE FAMILY LICENCE, DO SECTIONS 60-70 AS WELL. Section 7.A.3 closes with: 'Large family applicants shall complete the additional requirements for large family homes as listed in Sections 60 through 70.' That means: proof of comprehensive general liability insurance 'specifically cover[ing] the large family home business' (Section 60); 'written compliance certification from appropriate regulatory bodies governing zoning, building construction, and fire safety' and an ANNUAL fire marshal inspection (Sections 61.B, 61.C); indoor-air sampling under 7 DE Admin. Code 1375 if the commercial building ever housed a dry cleaner or nail salon (Section 61.E); a…
- STEP 11 — OCCL REVIEWS AND INSPECTS. Section 7.B: 'Upon receipt of the completed application and required information, a licensing specialist shall: 1. Review the application and information, and inspect the premises to determine whether the applicant complies with these regulations; 2. Make a recommendation for licensure. If a license is granted, it will be a six-month initial provisional license; and 3. Notify the applicant as stated in subsection 12.D.2 if an initial provisional license to operate is denied.' The statutory standard the specialist is applying is 14 Del.C. §3004A(b): OCCL 'may not issue a license to an individual until OCCL has made a thorough investigation and has…
- STEP 12 — OPERATE UNDER THE SIX-MONTH INITIAL PROVISIONAL LICENCE, THEN CONVERT. Section 7.C: 'A licensing specialist shall conduct a compliance review at the home before the expiration of the initial provisional license. Once this review is completed, OCCL will issue a provisional or annual license depending upon whether full compliance is obtained. This license will be valid for six months.' BE WARNED THAT THE REGULATION CONTRADICTS ITSELF HERE: Section 8.F.1 says OCCL will issue 'An annual license for 12 months when the licensee is in full compliance with the regulations', and 14 Del.C. §3004A(a) says 'Unless renewed, a license expires 1 year from the date the license is issued.' Ask…
- STEP 13 — POST, HAND OUT AND FILE WHAT THE REGULATION REQUIRES BEFORE THE FIRST CHILD ARRIVES. Post the licence (6.D), the substitute's name and phone number (15.B), the emergency numbers including Poison Control and the 24-Hour Child Abuse Report Line (17.B), the evacuation route diagram or exit signs (45.B), the dated menu (50.D.4), the daily schedule (52.C) and, from the first month, the fire prevention inspection report (30.G). Give every enrolling family the written handbook required by Section 20.B and the Parents Right to Know Form required by Section 21, and start the Section 21.C log — which 'shall be provided to OCCL at each annual compliance review.' Open a private on-site file…
- STEP 14 — CALENDAR THE RENEWAL, WHICH IS EARLIER THAN YOU THINK. Section 8.A: submit the renewal application 'to OCCL at least 60 days before the current license expires', with new health appraisals and TB screening for new substitutes, new household members and anyone who turned 18 during the year; fingerprinting receipts for the same people; '12 hours of annual training submitted before the license expires, if a family child care provider'; 'Current first aid and CPR cards'; 'Electrical inspection by an approved inspector conducted within the last three years'; an updated two-week menu if meal service changed; 'Certificate of comprehensive general liability insurance, if a large family…
What you must post on your walls
- THE LICENCE — Section 6.D: 'A licensee shall post the license where it is visible to the public.' Read it with Section 6.C ('A license remains the property of OCCL and is not transferable or subject to sale') and Section 6.E, which makes the licence instantly invalid on sale, closure, relocation, suspension, revocation or the licensee's death. Posting a licence that has lapsed under 6.E is worse than posting nothing.
- EMERGENCY TELEPHONE NUMBERS — Section 17.B, and the list is longer than most summaries say: 'A licensee shall post emergency phone numbers for ambulance or emergency medical services, police, fire departments (911); the Poison Control Center; and the 24-Hour Child Abuse Report Line (currently 1-800-292-9582).' Three items, not one. Section 17.A pairs with it: 'A licensee shall ensure the home has a working phone with a working voicemail.' Section 16.B puts a change of the home's phone number on the one-business-day notification list and requires you to tell 'each child's parent or guardian and staff members' too.
- THE SUBSTITUTE'S NAME AND PHONE NUMBER — Section 15.B: 'A licensee shall post the substitute's name and phone number in the home and provide this information to OCCL.' The substitute must be at least 18 (15.A) and a change of substitute is a five-business-day notification to OCCL (16.C).
- AN EVACUATION ROUTE DIAGRAM OR EXIT SIGNS — Section 45.B: 'Monthly evacuation drills must be practiced from all exit locations during different times of the day, including naptime. A licensee shall post an evacuation route diagram or exit signs.' Each drill must be documented with 'Drill date and time; Numbers of children and adults who participated; Exits used; and Total time to evacuate the home.' This posting is routinely missed by secondary summaries of Delaware's rules.
- THE MONTHLY FIRE PREVENTION INSPECTION REPORT — Section 30.G: 'A licensee shall complete a monthly fire prevention inspection and post the current report in a visible space.' Note 'current' — last month's report on the wall is a citation. Separately, Section 30.D.2.a requires monthly smoke-alarm testing 'document[ed] ... in a log' and Section 30.F.2.a the same for carbon monoxide alarms, with batteries replaced 'at least yearly' in both cases.
- THE MENU, DATED — Section 50.D.4: meals and snacks provided by the home must be 'planned on a menu, dated, and posted in a noticeable place. a. Menus listing foods served must be kept for 30 days. b. Changes to the food served on a certain date must be written on the menu on or before that date.' NOTE THE SECTION NUMBER: this is Section 50 (Meals and Snacks), NOT Section 52. A two-week sample menu is also part of the initial application and of renewal if meal service has changed (Sections 7.A.3, 8.A).
- THE DAILY SCHEDULE — Section 52.C: 'A licensee shall have and follow a schedule that is posted for easy viewing by parents or guardians and staff members. The schedule must list times for the following activities: learning opportunities, active or outdoor play, rest, meals, and snacks. This schedule may be flexible to meet the needs and interests of the children.' NOTE THE SECTION NUMBER: this is Section 52 (Activities and Interactions), NOT Section 43 — Section 43 is Child Accident and Injury. A 'typical daily schedule' must ALSO appear in the parent handbook under Section 20.B.
- NOT A POSTING BUT A HAND-OVER, AND IT IS ENFORCED HARDER THAN THE POSTINGS — THE PARENT HANDBOOK, Section 20.B: 'A licensee shall have and follow written policies in a handbook. The handbook must be given to a parent or guardian at enrollment.' Its mandatory contents: a typical daily schedule; positive behavior supports policy; health policy (emergency health care, health exclusions, communicable-disease notification and prevention including a list of reportable diseases); food and nutrition policy including 'a statement that children are encouraged but not forced to eat'; a release-of-children policy covering approved pick-up people, emergency release, 'Monitoring the entrance of the…
- ALSO A HAND-OVER, WITH A LOG THAT OCCL COLLECTS — THE PARENTS RIGHT TO KNOW FORM, Section 21: 'A licensee shall provide a parent or guardian with information about the right to review the home's licensing record, as stated in 14 Del.C. §§3001A-3003B. A. As a part of the enrollment inquiry process, a licensee shall require the parent or guardian to read and sign The Parents Right to Know Form and keep the form on file. B. A licensee shall give a copy of the form to the parent or guardian. C. A licensee shall keep a log that documents the printed names of the child and parents or guardians and the date the Parents Right to Know Form was provided. This information shall be included for…
Enrollment forms for each child
- APPENDIX I — FCCH Initial License Application (Family Child Care Home Initial License Application, State of Delaware Department of Education, Office of Child Care Licensing). Required by Section 7.A.2. Sections on the form: A Identification (applicant name, date of birth, race, 'Alias, maiden, or married names this person has used', location address by street/city/county/state/zip, cell and location phone, email, fax, and optional Entity Information for an individual, corporation or LLC with 'certificate of incorporation or LLC, if applicable and a Delaware state business license or proof of non-profit status'); B Additional Information (every household member — 'anyone staying in the home…
- APPENDIX II — LFCCH Initial License Application (Large Family Child Care Home Initial License Application). Required by Section 7.A.2 for the large family tier, and accompanied by the Sections 60-70 material: liability insurance certificate, fire safety and zoning certifications, kitchen and space compliance, personnel policies and staff qualifications.
- APPENDIX III — FCCH Renewal Application. Section 8.A: due 'at least 60 days before the current license expires'; late filing 'will be cited as late on the compliance review' (8.B).
- APPENDIX IV — LFCCH Renewal License Application. Same 60-day rule, plus the large-family-only line item 'Certificate of comprehensive general liability insurance' (Section 8.A).
- APPENDIX V — FCCH Relocation License Application, and APPENDIX VI — LFCCH Relocation License Application. Section 9.A: 'When possible, a licensee planning to relocate shall notify OCCL at least 60 days before a planned relocation of a home,' submitting for the new address landlord approval if renting, 'Fire marshal approval for the plans and inspection of the home', proof of electrical inspection by a State-fire-marshal-recognised agency, a pre-1978 lead-paint risk assessment, proofs of zoning/building/plumbing/DNREC septic/Office of Drinking Water compliance, an emergency plan, and radon testing with mitigation if needed. Section 9.B: 'A licensee may not provide child care at the new…
- APPENDIX VII — Variance Request. Section 10.A: 'An applicant or licensee shall comply with all regulations unless the applicant or licensee requests a variance from OCCL and receives approval.' 10.B: 'The applicant or licensee shall describe on a written variance request form (see Appendix VII) how the applicant or licensee will meet the intent of a specific regulation in a different way from the way the regulation states.' Two conditions attach: 'The change may not endanger the health, safety, or well-being of children' and 'The licensee shall keep the variance approval and make it available on request.' A denial 'may be appealed by requesting a conference' with OCCL.
- RELEASE OF EMPLOYMENT FORM (Service Letters) — Section 7.A.3: 'Release of employment form that allows OCCL to collect service letters as per 19 Del.C. §708. The form will list the applicant's current or most recent employer and all health care and child care facilities where the applicant worked within the past five years. If an applicant has no former employer, the applicant shall provide information for two more references.' For large family homes the same instrument is a personnel-file item — Section 69: 'Release of employment history form and received Service Letters, or documentation showing two requests and follow-up for Service Letters has been made. If the person has not worked or…
- BACKGROUND CHECK FORM — GENERATED IN THE DELAWARE ECE PORTAL, NOT A PAPER OCCL FORM. Per OCCL's FAQ (process effective 11 September 2023): 'A center administrator, large family child care provider, or family child care provider logs into the Delaware ECE Portal, generates a background check form, and prints the pre-filled background check form for an applicant,' who signs and returns it to CHU at DSCYF_CHU@delaware.gov or fax (302) 633-5191. CHU then issues an IdentoGO Service Code and a No Charge Authorization Code. The regulation still refers to a 'fingerprint verification form' the staff member gives the licensee (Section 13.E.1) and to keeping the SBI receipt of fingerprinting (OCCL…
- THE PARENTS RIGHT TO KNOW FORM AND ITS LOG — Section 21.A-C. Signed by the parent or guardian at enquiry, copy given to the family, original kept on file, and a log of every enquiring, enrolled and departed family 'provided to OCCL at each annual compliance review.' The signed form is also a mandatory item in each child's file (Section 22.A).
- OCCL'S SUBSTITUTE TRAINING DOCUMENTATION FORM — Sections 15.C and 15.D both say 'A licensee shall document ON THE FORM PROVIDED BY OCCL' that the substitute received the listed pre-service topics before working with children. Two different topic lists: emergency-use substitutes get six topics; non-emergency substitutes get three topics plus the full Health and Safety Training for Child Care Professionals.
- MEDICATION ADMINISTRATION RECORD (MAR) — Section 42.E: 'A licensee shall keep a written record of medication given to children on the Medication Administration Record (MAR) including each medication dosage, time given, who gave it, unwanted effects observed, and medication errors ... 4. A licensee shall keep the MAR in the child's file.' Section 42.A requires a staff member holding a valid OCCL administration of medication certificate to be 'present at all times', with 'The administration of medication certificate ... on file at the home for each certified staff member', earned by 'passing OCCL's designated test on the information in the Administration of Medication Self-Study Training…
- ACCIDENT AND INJURY REPORT — Section 43.B: 'A licensee shall complete and keep a report in the child's file for each accident or injury that includes the name of child, date of injury, description of injury, how it occurred, first aid and medical care given, and parent or guardian or other approved person's signature. The parent, guardian, or approved person must be provided a copy of the report on the day of the injury or within one business day.' Serious injuries additionally trigger a call to OCCL within one business day 'follow[ed] ... with a written report within three business days' (Sections 16.B, 43.D).
- CHILD HEALTH APPRAISAL AND IMMUNIZATION RECORD, WITH BLOOD LEAD PROOF — Section 23.A: 'within one month of starting care, each child's file contains a health appraisal that includes an immunization record ... conducted within the last 12 months ... Health appraisals must be updated every 13 months,' covering health history, physical examination, growth and development, 'Age-appropriate immunizations as described in Appendix VIII', 'Proof of blood lead screening for children at or around age 12 months and at or around 24 months', 'Proof of single blood lead screening after age 24 months for all children including school-age, if blood lead tests were not conducted at or around age 12 months…
- ADULT AND CHILD HEALTH APPRAISALS WITH TB TEST OR RISK ASSESSMENT — Section 7.A.3 for the applicant, all adult household members and the substitute (within one year of application) plus 'Health appraisals for child household members'; Section 13.F within 30 days for a new household or staff member or one turning 18; Section 13.G for adult volunteers present 'more than five days or 40 hours per year'; Section 8.A at renewal for new substitutes, new household members and anyone who turned 18 during the year.
- CHILD'S ON-SITE FILE (Section 22.A) — not a single form but a mandatory dossier: names and dates of birth; parent/guardian names, places and hours of employment and work phone numbers; 'Names and emergency phone numbers for at least two people approved to pick up the child'; the full list of approved pick-up people; the child's health care provider; health appraisal and immunization record or notarised exemption 'on file at the home within 30 days of enrollment'; start date, attendance pattern and end date; any IEP, IFSP or Section 504 plan and allergy/illness information supplied by the family; written parental approvals for emergency medical treatment and, where applicable, special diet,…
- DAILY ATTENDANCE RECORD — Section 24: 'A licensee shall have daily attendance records for children that state the exact time each child arrives and departs from the home. The daily attendance records shall be updated at the time of the arrival and departure of the child. A licensee shall keep these records for at least three months.' Section 25 adds daily infant records of 'feeding, sleeping, diapering' and Section 67.D adds, for large family homes, 'a written record of the daily schedule of staff members including their exact hours worked each day ... for at least three months.'
- PERSONNEL FILE, LARGE FAMILY HOMES ONLY — Section 69: 'A licensee shall have a personnel file for each staff member. This file must be available upon request for three months after employment ends. Except as noted, all file contents are required at the start of employment,' and must contain a personal data sheet/application/resume with name, date of birth, home address and phone; work start and end dates; the release of employment history form and Service Letters (or evidence of two requests plus follow-up, or two substitute references); proof of qualifications; and a health appraisal 'on file within the first month of employment, conducted within one year before the start date.'
- STATE BUSINESS LICENCE OR TAX-EXEMPT VERIFICATION — Section 7.A.3 at application and Section 8.A at every renewal ('A copy of the current State business license, unless tax-exempt verification is provided').
- APPENDICES THAT ARE REFERENCE MATERIAL RATHER THAN FORMS TO FILE — Appendix VIII Immunizations; Appendix IX Administration of Medication Self-Training Guide; Appendix X Child Meal Pattern; Appendix XI Infant Meal Pattern (both incorporated by Section 50.D.1: meals and snacks must 'Follow the meal pattern requirements (see Appendix X and Appendix XI) appropriate to the child's age'); Appendix XII Title 14 Child Care Act.
What's specific about getting licensed in Delaware
Delaware is unusual in that a home-based provider effectively chooses among four distinct configurations, not one "family child care" box: Level I family home has TWO mutually exclusive capacity options (4 young + 2 non-resident school-age, OR 5 young with no extra school-agers), Level II family home (max 9) is gated behind separate OCCL WRITTEN approval plus 24 months of experience (or 3 months supervised student teaching, or 24 clean months as Level I) and either 60 clock-hours/3 college credits, and a Large Family Home (max 12) is a different license entirely with liability insurance, fire-marshal, and multi-staff rules. The trap most first-timers miss is that your own preschool-age (not-yet-kindergarten) children COUNT against your capacity, and that a license is granted first as a six-month PROVISIONAL license — the annual license only comes after a second compliance review. Licensing sits under the Department of Education/OCCL, so old DSCYF licensing links and forms are dead ends (note: the Criminal History Unit that processes fingerprints still lives within DSCYF).
Common mistakes when getting licensed in Delaware
Your own young kids eat your slots
Children living in the home who do not attend kindergarten or a higher grade count toward the licensed numbers (preschool-age or younger household members count toward capacity). Providers routinely plan for 6 paying children and forget their own toddler occupies one of those spaces — and the infant sub-limits (e.g., no more than 2 of 6 under 12 months) apply to household infants too.
Level I vs Level II vs Large Family is not a formality
You cannot simply 'grow' from 6 to 9 to 12 children. Level II (max 9) requires OCCL WRITTEN approval BEFORE operating plus 24 months of group-child experience (or 3 months supervised student teaching, or 24 months as a clean Level I) AND either 60 clock-hours of training (3 hours in each of 8 areas) or 3 college credits or early-childhood-assistant-teacher qualification. Going to 12 means a separate Large Family license with comprehensive general liability insurance, a fire-marshal inspection, and mandatory second/third staff at defined infant thresholds.
Pre-1978 home = lead assessment, plus radon and electrical for everyone
Homes built before 1978 need a DPH-certified lead-paint risk assessment (with remediation by a DPH-certified lead-safe contractor if hazards are found) before licensure. ALL applicants must also show each child-care room is free of radon hazards (mitigate, or pass a 90–120 day long-term test, if over 4.0 pCi/L) and pass an electrical inspection by a State-fire-marshal-recognized agency. These environmental steps are the most common cause of delay and out-of-pocket cost.
You can't be alone with children until CHU clears you
A fingerprinting receipt is required before starting, but eligibility must be confirmed by the Criminal History Unit before any person (applicant, adult household member, substitute, staff, volunteer) is alone with children. Anyone who currently lives out of state, or lived out of state in the last five years, must separately obtain that state's fingerprinted criminal history and a name-based child abuse/neglect search and submit results to CHU — a step that adds weeks.
How long it takes and what it costs in Delaware
Timeline: Realistically several weeks to a few months. After the information session/orientation, gathering fingerprint clearances (especially any out-of-state searches through CHU), TB/health appraisals, and the environmental items (lead for pre-1978 homes, radon, electrical) is the long pole. Once the completed application is submitted, OCCL reviews and inspects, then issues a SIX-MONTH initial provisional license; a compliance review before that expires converts it to a provisional or annual (six-month) license.
Cost: Delaware's regulation does not set a license application fee, but real out-of-pocket costs include: Delaware SBI + FBI fingerprint background checks (fee — confirm current amount with OCCL/DE SBI/CHU), CPR-with-skills-demonstration and first aid certification course, TB test/health appraisals, radon test, electrical inspection, and (for pre-1978 homes) a DPH-certified lead-paint risk assessment plus any remediation/clearance testing. Large Family homes must also carry comprehensive general liability insurance. Exact dollar figures vary — confirm with OCCL.
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Build my Delaware packet →Delaware home daycare licensing — FAQ
How many children can I care for in a Delaware home daycare?
HEADLINE NUMBERS: Level I family home — 5 or 6, depending on which of two options you licence under. Level II family home — 9. Large family home — 12. But the number on the licence is not a number you choose; Section 13.T: 'The maximum number of children allowed to be present at any given time will be determined by the family licensee's or large family provider's experience and qualifications, the ages of the children living in the home, the amount of usable child care space, and fire marshal and zoning limitations.' Four independent ceilings, and the lowest one wins. THE DEFINITION THAT DOES THE WORK. Section 3: '“Capacity” means the total number of children, excluding school-age household members who are attending public or private school, that may be present at one time.' Everything else in Section 14 is an elaboration of that one exclusion. SECTION 14, GENERAL CAPACITY, VERBATIM,…
What are the adult-to-child ratios for a home daycare in Delaware?
DELAWARE DOES NOT PUBLISH AN ADULT-TO-CHILD RATIO TABLE FOR HOME-BASED CARE, AND ANYONE WHO SHOWS YOU ONE FOR DELACARE 934 HAS BUILT IT THEMSELVES. There is no '1:4 infants, 1:6 toddlers' grid anywhere in 14 DE Admin. Code 934. The regulation controls exposure with three instruments instead: (1) age-banded capacity envelopes per licence level, (2) hard sub-caps on the number of children under 12 months and under 24 months, and (3) for large family homes only, STAFFING TRIGGERS that force a second and then a third adult. Sections 57 and 68 are the whole of it. FAMILY CHILD CARE HOME — SECTION 57. There is exactly one adult required, and it is the licensee. Section 54.B: 'A licensee shall be present and providing child care at all times except during the limited use of a substitute.' No family-home configuration in the regulation requires a second adult. The control is entirely the…
What training do I need to run a home daycare in Delaware?
Before you can be licensed: EVERYTHING BELOW MUST BE IN OCCL'S HANDS BEFORE THE INITIAL PROVISIONAL LICENCE ISSUES. Section 7.A.3 lists it among the 'Items to be Submitted', and the trigger clause is conditional: 'Documentation of completion of pre-service training in the following topics, IF THE APPLICANT WILL WORK WITH CHILDREN.' A large family licensee who never works the floor is outside the pre-service list — but remember Section 66.C, which makes any licensee present seven or more hours a week a staff member. THE PRE-SERVICE BLOCK, VERBATIM (Section 7.A.3): • 'Six hours of quality-assured child development;' • 'Three hours of quality-assured positive behavior supports or social-emotional development;' • 'Prevention and control of infectious diseases, including immunization;' • "OCCL's approved Health and Safety Training for Child Care Professionals that includes the following…
What background checks does Delaware require?
DELAWARE RUNS THE STRICTEST VERSION OF THE POST-CCDBG MODEL, AND ITS HARDEST EDGE IS A DATE THAT HAS ALREADY PASSED: SINCE 1 JANUARY 2023 A FINGERPRINT RECEIPT IS NO LONGER ENOUGH TO PUT SOMEONE IN THE HOME. THE DEFINITION. Section 3: '“Comprehensive background check” means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history including a search of the National Crime Information Center's National Sex Offender Registry; and a search of state criminal, sex offender, and child abuse and neglect registries, repositories, or databases in the state where the person resides, and in each state in which the person resided during the past five years.' OCCL's FAQ, read 2026-08-25, restates it operationally: 'A fingerprinted Delaware State Bureau of Identification (SBI) and Federal Bureau of Investigation (FBI) report of a person's entire criminal…
Is this legal advice?
No. DaycareLicensePrep gives general information based on each state's published child-care licensing rules, dated to when we last verified them, and is not a guarantee of licensure. Always confirm with your state's licensing agency before applying.
Delaware changes its rules — we'll tell you
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Source: Sources officielles consultées pour Delaware :
https://regulations.delaware.gov/AdminCode/title14/934
https://regulations.delaware.gov/api/AdminCode/regulation
https://regulations.delaware.gov/api/CumulativeTable/tabledata
https://regulations.delaware.gov/register/august2022/final/26%20DE%20Reg%20103%2008-01-22.htm
https://regulations.delaware.gov/api/CumulativeTable/currentinformation
https://delcode.delaware.gov/title14/c030a/index.html
Verified 2026-08-25. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.