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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.

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.

There are two types of family child care; a Level I may have a maximum of five or six children depending on their ages and a Level II may have a maximum of nine children depending on their ages. Children living in the home who do not attend kindergarten or a higher grade count in these numbers. These regulations describe the ages of children allowed to be present in each type. A licensee provides care, education, protection, supervision, or guidance to children in the licensee's private home. Child care provided only to a person's own children, grandchildren, nieces, nephews, or stepchildren does not require a family child care license even if payment is received. Child care provided at a child's own home by a nanny or babysitter does not require a child care license.' LEVEL I VERSUS LEVEL II IS A PERMISSION, NOT A SELF-SELECTION. Section 55.C: 'A licensee shall request approval from OCCL to move from a Level I to a Level II family home. A licensee may not operate a Level II family home until receiving written approval from OCCL.' Level II also triggers a fire-marshal step that Level I does not — Section 30.H: 'When a family home changes from Level I to Level II or a child care home moves to a new address, a licensee shall submit plans to the designated fire marshal for review and approval.'

And a square-footage step — Section 58.A, for homes licensed before 1 January 2009: 'If the home moves from Level I to Level II, a licensee shall provide 25 square feet of indoor space for each child in care in one area, room, or adjoining rooms.' LARGE FAMILY CHILD CARE, defined at Section 3: '“Large family child care home” or “large family home” means a private home where the licensee resides and provides licensed child care or a non-residential property where a licensee offers licensed child care.' This is the one tier that can leave the house. Section 6.B: 'A large family home licensee may provide care in either the licensee's private residence or a commercial property, if permitted by zoning.' Section 4.D: 'Large family child care is a licensed child care service offered by a person or 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. A licensee may have a maximum of 12 children. The ages of the children will determine the number of staff needed.

Children living in the home who do not attend kindergarten or a higher grade count in these numbers. A licensee provides care, education, protection, supervision, or guidance to children in a private home or non-residential setting.' A LARGE FAMILY LICENCE SEPARATES THE OWNER FROM THE PERSON IN THE ROOM. Section 4.B: 'A licensee must designate a qualified, natural person, not an entity, to function as the large family provider at a large family home.' Section 67.A: 'A licensee shall ensure the large family home has at least one staff member qualified as a large family provider.' Section 67.C: 'A licensee shall ensure the large family provider is present and providing child care at the large family home at least 75% of the hours of operation.' Section 66.C draws the line that decides whether the OWNER is also regulated as staff: 'A licensee shall be considered a staff member if present at the large family home during the hours of operation for seven or more hours per week. A licensee is required to follow all regulations regarding a staff member.' Seven hours a week is the switch. Below it you are an owner; at or above it you personally owe the health appraisal, the background check, the CPR/first-aid cards and the 15 hours of annual training. A FAMILY HOME HAS NO SUCH SEPARATION.

Section 54.B: 'A licensee shall be present and providing child care at all times except during the limited use of a substitute.' Section 13.N: 'A licensee who is working as a staff member shall have no other job during child care hours.' You cannot run a Delaware family child care home as an absentee owner. WHO IS EXEMPT — AND THE PLACE WHERE THE AGENCY'S OWN WEBSITE DISAGREES WITH ITS OWN REGULATION. The regulation's relative exemption is narrow and closed: 'Child care provided only to a person's own children, grandchildren, nieces, nephews, or stepchildren does not require a family child care license even if payment is received' (Section 4.C; Section 4.D repeats it for large family). OCCL's public FAQ (education.delaware.gov/families/occl/faqs, read 2026-08-25) answers the same question with a LONGER list: 'Yes, you can care for children that you have the following relationships with by blood, marriage, or adoption: parent, grandparent, great-grandparent, brother, sister, aunt, uncle, step-parent, step-brother and step-sister. Cousins are not considered relatives.' Read literally, the FAQ exempts caring for a sibling or a great-grandchild; the regulation does not name siblings or great-grandchildren at all.

Do not rely on the FAQ against the regulation — confirm with your licensing specialist in writing before caring for a relative outside the regulation's five categories. This divergence is recorded in verify_flag. OTHER EXEMPTIONS AND NEAR-MISSES. (a) Nanny care: 'Child care provided at a child's own home by a nanny or babysitter does not require a child care license' (Section 4.C). (b) Unpaid care: OCCL FAQ — 'You do not need a license if you are not paid.' The statutory definition backs this: 14 Del.C. §3002A(1)a. requires that the person 'Is compensated for the individual's or entity's services' AND 'Holds the individual's or entity's self out as conducting child care.' (c) Children placed by a licensed child placing agency: OCCL FAQ — 'Homes in which children have been placed by any child placing agency properly licensed to place children in this State do not need a license'; statute 14 Del.C. §3002A(1)c.1. (d) MILITARY FAMILY CHILD CARE PROVIDERS — new since 2025 and absent from the 2022 regulation: 14 Del.C. §3002A(1)c.2. excludes them from 'child care' altogether, §3002A(5) defines '“Military family child care provider” ... a family child care home or large family child care home that serves only dependent children eligible for Department of Defense subsidized care and is 1 or both of the following: a.

Located on a military base or federal property. b. Certified as a family child care provider by a branch of the U.S. Department of Defense or the U.S. Coast Guard,' and §3004A(d)(3) puts approval of which children are served in the hands of 'The U.S. Department of Defense or the U.S. Coast Guard, or their agents, including an installation commander of a military base.' Added by 85 Del. Laws, c. 105, approved July 23, 2025, effective 60 days after enactment. (e) Early education programs (state-run pre-K) are monitored, not licensed — 14 Del.C. §3004A(d)(1) as rewritten by 85 Del. Laws, c. 198, approved September 2, 2025. AND THE ONE THAT CATCHES PEOPLE: 'helping out a friend' is not exempt. OCCL FAQ: 'You need a license if you are providing care in your home and being paid for that service. The law requires a license.' FOSTER AND KINSHIP CARE INSIDE A LICENSED HOME IS A SEPARATE PERMISSION. Section 13.Q: 'A licensee may not provide foster care or kinship care for children or adults without OCCL's prior written approval. 1. This approval must be updated annually. 2. OCCL shall count preschool-age or younger foster care or kinship care children in the capacity of the home even if they attend care somewhere else.'

Note the sting in the tail — a foster toddler occupies one of your paid slots even on days he is at another programme. HOURS. Section 54.A: 'There is a maximum number of consecutive hours of care a licensee may provide. A licensee shall care for children no more than 17 hours within a day, with at least seven uninterrupted hours of rest. No other work may occur during the hours of rest.' Overnight care is separately regulated at Section 53. Both licences are for care 'for less than 24 hours per day' (Sections 4.C and 4.D). THE FOREWORD'S OWN PART-COUNT IS WRONG, WHICH IS A USEFUL WARNING ABOUT THE DOCUMENT'S EDITING. The Foreword says 'These regulations are divided into three parts. Part I describes the regulations that both family and large family child care homes are required to follow. Part II includes the additional regulations that family child care homes are required to follow. Part III contains the regulations that large family child care homes are required to follow.' The document actually has FIVE parts: Part I General Provisions (Sections 3-6), Part II Licensing Process and Procedures (Sections 7-12), Part III Requirements for Family and Large Family Child Care Homes (Sections 13-53), Part IV Additional Provisions for Family Child Care Homes (Sections 54-59), Part V Additional Provisions for Large Family Child Care Homes (Sections 60-70). The Foreword describes an earlier structure. Cite section numbers, never part numbers.

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.'

THIS IS THE HOMESCHOOLING CLAUSE. A homeschooled nine-year-old of your own does not just count — he counts in the PRESCHOOL band, which is the scarcer band. A provider who homeschools two children has effectively lost two of her four (Level I option A) or six (Level II) preschool slots. 14.D — 'School-age household members attending school outside of the home do not count toward the capacity.' 14.E — 'Each school-age household member may have no more than two school-age friends visit during child care hours. 1. These friends do not count toward capacity unless present with the children in care. 2. The licensee may not be paid for the care of these friends.' 14.F — 'School-age children not living in the home and present at the home count toward the capacity unless visiting a school-age household member in an area or space separate from the children in care.' 14.G — 'School-age children may only attend before school, after school, during school holidays, and during school vacations.' A Delaware family home may not run an all-day summer school-age programme on its family licence beyond the school-vacation allowance built into Section 57 — and even then only within the 2 or 3 school-age slots those subsections give. 'PRESCHOOL-AGE' IS NOT AN AGE.

Section 3: '“Preschool-age child” means a child age three through five not yet attending kindergarten or a higher grade. If a child is older than age five and not attending kindergarten or a higher grade, OCCL considers that child in the preschool-age group.' And '“School-age child” means a child who attends or has attended kindergarten or a higher grade.' A six-year-old held back from kindergarten is a preschooler for capacity purposes. '“Infant” means a child less than 12 months old.' LEVEL I FAMILY HOME — 5 OR 6, AND THE CHOICE IS BETWEEN TWO DIFFERENT SHAPES (Section 57.A and 57.B). OPTION A caps at SIX: 'A Level I family home is licensed to provide child care for 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. School-age children may fill preschool-age or younger children's spaces.'

OPTION B caps at FIVE: 'Another option for a Level I family home is to provide child care for up to five children preschool-age and younger and no additional school-age children that do not live in the family home; 1. No more than two of the five children may be under the age of 12 months; and 2. No more than three of the five children may be under the age of 24 months.' THE ASYMMETRY IS REAL AND IS EASY TO MISREAD: option A has NO 24-month sub-cap written into it, only a 12-month sub-cap; option B has both. Option B trades away school-age children for one more preschooler. LEVEL II FAMILY HOME — 9 (Section 57.C): 'A Level II family home is licensed to provide child care for up to six children preschool-age or younger and for up to three additional school-age children who 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 nine children may be under the age of 12 months; and 2. No more than four of the nine children may be under the age of 24 months; and 3. No more than nine children may be present at any time.

School-age children may fill preschool-age or younger children's spaces.' Note that the infant cap does NOT rise with the level — two under-twelve-months at Level I and two under-twelve-months at Level II. Going Level II buys you toddlers and school-agers, not babies. LARGE FAMILY HOME — 12 (Section 68.B): 'OCCL shall license a large family home to provide care for up to 12 children.' The 12 is only reachable with the staffing in Section 68.D or 68.E; see 'ratios'. Section 68.A adds the commercial-site carve-out: 'A licensee's own household members do not count in the capacity when care is provided at a commercial location unless the child is present.' If you run your large family home out of a storefront rather than your house, your own preschooler stops eating a slot — unless you bring her to work. THE SPACE DIVISOR IS AN INDEPENDENT CEILING AND IT IS DIFFERENT FOR THE TWO LICENCES. Family homes licensed on or after 1 January 2009 (Section 58.B): 'a licensee shall provide 25 square feet of indoor space for each child in care in one area, room, or adjoining rooms. Measurements will be from wall to wall with the licensing specialist subtracting areas where furniture restricts children's movement to determine the square footage.

OCCL will not count bathrooms, storage spaces, hallways, furnace rooms, and other areas not used by children in the square footage.' Family homes licensed BEFORE 1 January 2009 are grandfathered under a qualitative standard (Section 58.A: 'space for movement and active play') until they move to Level II, at which point the 25 sq ft rule bites. Large family homes (Section 63): '35 square feet of indoor space for each child that allows for movement and active play,' with the same wall-to-wall measuring rule and with KITCHEN AREAS also excluded (Section 63.B excludes 'bathrooms, kitchen areas, storage spaces, hallways, furnace rooms'). Large family homes additionally need outdoor space (Section 64.F): 'The outdoor play area must provide 50 square feet of play space for each child for the maximum number of children who will use the playground at one time.' Twelve children at 35 sq ft indoors is 420 sq ft of qualifying child-use floor, furniture subtracted — that is the constraint that most often keeps a large family home below its nominal 12. FIRE AND ZONING AS CEILINGS. Section 30.B: 'A licensee shall care for children on the ground level of the home or use another level only after meeting the conditions of the designated fire marshal.'

Section 61.C for large family homes: 'The designated fire marshal shall conduct a fire inspection annually.' Section 16.D: 'A licensee shall notify and receive OCCL and fire marshal approvals before changing the rooms used for care or providing care in the new space.' AND A CEILING THAT APPEARS ONLY IN THE ENFORCEMENT SECTION: while a home is on warning of probation or probation, Section 12 (subsection 7 of the probation provisions) states 'A licensee may not increase the licensed capacity or receive a new license.' Enforcement freezes growth.

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.

School-age children may fill preschool-age or younger children's spaces.' Working total 6. Infant sub-cap 2. NO under-24-month sub-cap is written for this option. LEVEL I, OPTION B (57.B) — 'up to five children preschool-age and younger and no additional school-age children that do not live in the family home; 1. No more than two of the five children may be under the age of 12 months; and 2. No more than three of the five children may be under the age of 24 months.' Working total 5. Infant sub-cap 2. Toddler sub-cap 3. LEVEL II (57.C) — 'up to six children preschool-age or younger and for up to three additional school-age children who 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 nine children may be under the age of 12 months; and 2. No more than four of the nine children may be under the age of 24 months; and 3. No more than nine children may be present at any time. School-age children may fill preschool-age or younger children's spaces.' Working total 9. Infant sub-cap 2 — UNCHANGED from Level I. Toddler sub-cap 4. READ THE PHRASE 'School-age children may fill preschool-age or younger children's spaces' carefully.

It runs one way only. A school-ager may occupy a preschool slot; a preschooler may NOT occupy a school-age slot. So a Level II home may serve nine school-agers on a snow day, but never seven preschoolers. LARGE FAMILY CHILD CARE HOME — SECTION 68, THREE STAFFING TIERS. TIER ONE, ONE ADULT (68.C): 'A licensee shall ensure a large family provider or large family assistant in accordance with subsection 67.C may alone care for six children preschool-age or younger and three additional school-age children who do not live in the large family home and attend only for before school, after school, during school holidays, and during school vacation; 1. No more than two of the nine children are under the age of 12 months; and 2. No more than four of the nine children are under the age of 24 months; and 3. No more than nine children may be present at any time. School-age children may fill preschool-age or younger children's spaces.' Note this tier is numerically IDENTICAL to a Level II family home — 6 preschool + 3 school-age, 2 infants, 4 toddlers, 9 total. The cross-reference to 67.C matters: 'A licensee shall ensure the large family provider is present and providing child care at the large family home at least 75% of the hours of operation.'

The assistant may hold the fort, but only inside the 25 per cent. TIER TWO, TWO ADULTS (68.D): 'A licensee shall ensure a large family provider and large family assistant or large family aide are present when there are seven or more preschool-age or younger children present. 1. No more than four of the 12 children are under the age of 12 months; and 2. No more than six of the 12 children are under the age of 24 months; and 3. No more than 12 children may be present at any time. School-age children may fill preschool-age or younger children's spaces.' THE TRIGGER IS SEVEN PRESCHOOLERS, NOT TEN CHILDREN. A home with 6 preschoolers and 6 school-agers (12 total) stays in tier one on the face of 68.D; a home with 7 preschoolers and nobody else needs two adults. Infant cap doubles to 4, toddler cap to 6. TIER THREE, THREE ADULTS (68.E): 'A licensee shall ensure a large family provider and two additional staff members are present when: [bullet] Five or six children 12 months or younger are present; no more than six children under the age of 12 months may be present at any time; or [bullet] Seven or more children under the age of 24 months are present; and [bullet] No more than 12 children may be present at any time.

School-age children may fill preschool-age or younger children's spaces.' Two independent triggers: five-or-six infants, OR seven-or-more under-twos. The absolute infant ceiling for a Delaware large family home is SIX, and it appears only here, inside 68.E. WHO COUNTS AS THE SECOND AND THIRD ADULT. Section 67.B: 'A licensee shall ensure the large family home has at least one staff member qualified as a large family assistant or large family aide, unless operating as a Level II family child care home.' The three staff roles are defined in Section 3 and the difference is supervision, not headcount. '“Large family provider” means the staff member responsible for the total program ... This staff member may supervise large family assistants, large family aides, and substitutes.' '“Large family assistant” means the staff member who works under the supervision of the large family provider ... This staff member may provide direct supervision of a large family aide.' '“Large family aide” means the staff member who works under the direct supervision of the large family provider, large family assistant, or substitute ...

This staff member may not be alone with children, unless trained in administration of medication and CPR and first aid.' Section 66.F repeats it: 'Unless trained in the orientation topics, administration of medication, and CPR and first aid, the large family aide shall remain under the direct supervision of the large family provider, large family assistant, or substitute at all times.' An untrained aide is a body in the room, not a supervising adult. VOLUNTEERS DO NOT COUNT AT ALL. Section 13.H: 'A licensee shall ensure an adult or youth volunteer is not alone with children.' Section 66.G: 'A licensee shall ensure an adult or volunteer is always under the supervision of the large family provider and direct supervision of at least the large family assistant.' INFANT PRIMARY-CAREGIVER ASSIGNMENT (large family only), Section 67.E: 'A licensee shall ensure every infant has an identified staff member who has the primary, but not the only, responsibility for feeding, comforting, and otherwise caring for the infant's needs.' This is the closest thing in the chapter to a named ratio, and it is a continuity rule rather than a numeric one.

SUPERVISION IS ABSOLUTE AND UNQUALIFIED. Section 13.R: 'A licensee or staff member shall supervise a child in care at all times.' Section 13.S: 'A licensee shall ensure children are not responsible for child care duties.' Section 13.O forbids the things that break supervision: 'A licensee shall ensure providing care is the focus during the hours of care. A licensee may not take part in or allow the staff members to take part in activities that distract from providing care during that time. Examples of distracting activities include, but are not limited to, socializing or entertaining; using or watching electronics; except for communicating for business reasons; doing intensive housework, chores, home repairs, or remodeling tasks; or working on hobbies or crafts.' Section 13.P: 'A family or large family provider may not provide direct care for a person recovering from a long-term illness or surgery requiring nursing care at the home during the hours children are in care.' THE SUBSTITUTE IS THE ONLY LAWFUL WAY A FAMILY PROVIDER LEAVES THE ROOM. Section 15.A: 'A licensee shall arrange for a substitute who is at least 18 years old. 1. This substitute may be available to assist in non-emergency situations but must be available in case of an emergency.

OCCL defines an emergency as an unplanned event, such as a serious or sudden illness, accident, or situation, requiring the immediate attention of a licensee. 2. The substitute and licensee may both be present at the home; however, a licensee shall provide the majority of the child care duties.' A substitute is not a co-provider and does not raise capacity.

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).'

Note the phrase 'quality-assured' attached only to the first two items — the six hours of child development and the three hours of positive behaviour supports must come from training OCCL has quality-assured, which is narrower than 'any training on the topic'. Note also that the child-abuse item is the only one where the regulation writes '(certificate required)' inline. CPR AND FIRST AID ARE A SEPARATE LINE ON THE SAME LIST AND CARRY THE ONLY EXPRESS EXEMPTION IN THE WHOLE PRE-SERVICE BLOCK. Section 7.A.3: 'Current certifications in CPR including a skills demonstration and first aid for the ages of the children in care. Applicants for large family homes are exempt from this requirement if not serving as a staff member.' The 'skills demonstration' words rule out a fully online CPR certificate; 'for the ages of the children in care' rules out an adult-only card in a home serving infants. THE INFORMATION SESSION AND ORIENTATION COME FIRST, NOT LAST. Section 7.A.1 is the first step in the whole chapter: 'Attend OCCL's information session and orientation to learn the application process and regulations.'

OCCL's FAQ, read 2026-08-25, treats this as the doorway: 'There are many steps to becoming a licensed child care facility. Information sessions and orientations were created to help walk you through the process,' with separate sign-ups for 'Family Child Care Home Information Session', 'Large Family Child Care Home Information Session' and 'Center Information Session'. The sessions are free (OCCL, 'Start a Child Care Business': 'OCCL does not charge fees for: applications, information and orientation sessions, fingerprinting and criminal history reviews, licenses, or technical assistance'). THE APPLICATION EXPIRES. The face of Appendix I (FCCH Initial License Application) states: 'This application will be active for one year. If you are not licensed within one year of OCCL receiving this application, you will need to attend an information session and orientation again and submit a new application. Other information may also need to be updated.' Twelve months from receipt, and you go back to the orientation. LEVEL I QUALIFICATIONS — THE BASELINE THE EXISTING ENTRY OMITTED. Section 55.B: 'For programs licensed after January 1, 2009, a family provider shall be at least 18 years old and have at least a high school diploma or its equivalent to qualify as a Level I family home.'

Section 55.A: 'A licensee shall submit copies of training certificates, transcripts, and diplomas to OCCL as proof of meeting the qualifications for a particular level.' Homes licensed before 1 January 2009 are grandfathered on qualifications, which is why the date recurs throughout the chapter. LEVEL II QUALIFICATIONS — EXPERIENCE **AND** EDUCATION, BOTH, PLUS WRITTEN OCCL APPROVAL. Section 55.C: 'A licensee shall request approval from OCCL to move from a Level I to a Level II family home. A licensee may not operate a Level II family home until receiving written approval from OCCL.' Section 55.D, 'Experience Qualifications for Level II' — one of: 'Twenty-four months of experience working with children in a group; or Three months of supervised student teaching; or Twenty-four months of providing child care as a licensed Level I family home with no substantiated complaints for serious health and safety violations, or substantial non-compliance.'

Section 55.E: 'A family provider shall be at least 18 years old and have at least a high school diploma or its equivalent, and successfully complete of one the following to qualify as a Level II' — 'Sixty-clock-hours of training with at least three-clock-hours in each of the following areas: child development; developmental curriculum planning or environment and curriculum; observation and assessment; positive behavior supports or social-emotional development; health, safety, physical activity, and nutrition; family and community; professionalism; and management and administration related to running a child care; or Three college or university credits from a regionally approved college or university in courses related to any of the following areas [same eight areas]; or Qualified as at least an early childhood assistant teacher as per DELACARE: Regulations for Early Care and Education and School-Age Centers (2022).' LARGE FAMILY PROVIDER QUALIFICATIONS — A DIFFERENT, HIGHER BAR ENTIRELY, AND THE EXISTING ENTRY DID NOT MENTION IT.

Section 66.D: 'A licensee shall serve as or hire a person to serve as the large family provider at the large family home. A licensee shall ensure the large family provider is at least 21 years old, has 24 months of experience working with children in a group, has a high school diploma or its equivalent, and has successfully completed one of the following' — 'Training for Early Care and Education 1 and 2 or equivalent training as recognized by OCCL, such as within the Council for Professional Recognition's CDA Gold Standard(SM) Comprehensive certification; A Child Development Associate Credential (CDA) that is kept valid or current; Delaware Department of Labor's Early Childhood Apprenticeship Program; A high school diploma from a vocational-technical high school's three-year program in early childhood education accepted by the Department; Nine college or university credits, including three in early childhood education, three in child development, and three in positive behavior management; One-year early childhood diploma program from a two-year college; An Associate degree from an accredited college or university and six college or university credits of child development or early childhood education; or Qualified as at least an early childhood teacher as per DELACARE: Regulations for Early Care and Education and School-Age Centers (2022).' TWENTY-ONE, not eighteen; TWENTY-FOUR MONTHS of group experience mandatory, not one of three alternatives.

LARGE FAMILY ASSISTANT (Section 66.E): 'at least 18 years old, has six months of experience working with children in a group, has a high school diploma or its equivalent, and has successfully completed one of the following' — 60 clock-hours with at least 3 in each of seven listed areas; or three college credits in the listed areas; or 'Qualified as at least an early childhood assistant teacher' under the centre regulations. LARGE FAMILY AIDE (Section 66.F): 'at least 18 years old and has a high school diploma or its equivalent' — no experience, no coursework, but 'Unless trained in the orientation topics, administration of medication, and CPR and first aid, the large family aide shall remain under the direct supervision of the large family provider, large family assistant, or substitute at all times.' Section 66.B grandfathers pre-2009 staff: 'The owner (now licensee), caregiver (now large family provider), or associate caregiver (now large family assistant) of a large family home that was licensed before January 1, 2009, may continue to qualify for the former positions as stated in DELACARE: Requirements for Large Family Child Care Homes (1994) only if remaining at the same large family home.

Staff members hired after January 1, 2009, are required to meet the qualifications of these regulations for those positions.' SUBSTITUTES HAVE THEIR OWN PRE-SERVICE LIST, AND IT SPLITS IN TWO. Emergency-use substitutes (Section 15.C): 'A licensee shall document on the form provided by OCCL that substitutes used only for emergencies receive training in the following topics before working with children: DELACARE Regulations; Policies and procedures of the home including special health care concerns of the children in care, such as allergies; Emergency preparedness and disaster and evacuation plans; Safe sleep practices, including prevention of sudden infant death syndrome, if caring for infants; Recognition of the symptoms of child abuse and neglect; and Child abuse and neglect laws and reporting requirements.' Non-emergency substitutes (Section 15.D) get the same first three items PLUS the full 'OCCL's approved Health and Safety Training for Child Care Professionals'. And under Section 56.A the non-emergency substitute must also hold first aid and CPR: 'A licensee and substitute used for planned, non-emergency situations as stated in Section 15 shall complete certifications in first aid and in CPR.'

ADULT VOLUNTEERS ACQUIRED A TRAINING DUTY IN THE AUGUST 2022 AMENDMENT, AND IT IS MISSING FROM THE VERSION OF 934 CODIFIED ON REGULATIONS.DELAWARE.GOV. Section 13.I of the operative PDF: 'A licensee shall ensure an adult volunteer who is present for at least five days or 40 hours per year completes OCCL's approved Health and Safety Training for Child Care Professionals (certificate required).' See verify_flag. ADMINISTRATION OF MEDICATION IS A SEPARATE OCCL CERTIFICATE AND SOMEBODY MUST HOLD IT AT ALL TIMES. Section 42.A: 'A licensee shall ensure a trained staff member, who has received a valid administration of medication certificate from OCCL is present at all times to provide both scheduled and emergency medications to children in care. A certified staff member shall be present during field trips and routine program outings to administer medication when needed. The administration of medication certificate must be on file at the home for each certified staff member.' Section 42.A.1: 'OCCL only allows staff members who are at least 18 years old to be certified to give medication to children.

This certification includes passing OCCL's designated test on the information in the Administration of Medication Self-Study Training Guide as described in Appendix IX.' In a one-provider family home that means YOU must hold it — there is nobody else to hold it. Section 3 defines the credential: '“Administration of medication certificate” means a document issued by OCCL that gives permission for a staff member to administer medication to children in care as described in the Administration of Medication Self-Study Guide.' LARGE FAMILY STAFF GET A TWO-MONTH GRACE ON CPR, THE PROVIDER GETS NONE. Section 70.A: 'A licensee shall ensure that within two months of hire, staff members and the non-emergency substitute have certifications in first aid and CPR. The CPR certification must include a skills demonstration and be appropriate to the ages of the children in care. A licensee shall ensure certifications are current. The large family provider must have these certifications to open a large family home.'

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.'

THE FAMILY-HOME DEADLINE, SECTION 56.C: 'A family provider shall complete annual training at least 30 days before the expiration date of the license. Training taken during the month the license expires will be counted toward the following year's annual training requirements.' Read the second sentence twice — training you take in your expiry month does not merely arrive late, it is RECLASSIFIED into next year's total. You can therefore end a year both non-compliant and unable to fix it retroactively. LARGE FAMILY CHILD CARE HOME — SECTION 70.B, VERBATIM: 'A licensee, present at the large family home for seven hours or more per week, large family provider, large family assistant, and large family aide shall successfully complete 15-clock-hours of annual training including one hour of health or safety training as accepted by OCCL. Annual training must be completed during the dates that appear on the license.' The area list is the same nine areas, with the same escape hatch: 'Annual training must be in at least three of the following areas ... Annual training may be within one or two areas, if a licensee or staff member completes a college or university course or if the training is six or more hours in length.'

WHO OWES THE 15 HOURS IS A HEADCOUNT QUESTION, NOT A JOB-TITLE QUESTION. Four categories: (a) the licensee, but only if 'present at the large family home for seven hours or more per week' — the same seven-hour switch as Section 66.C; (b) the large family provider; (c) each large family assistant; (d) each large family aide. Substitutes are not named in 70.B, but non-emergency substitutes are caught by 70.A's CPR/first-aid duty. 'CLOCK HOURS' IS DEFINED AND IT EXCLUDES THE PARTS THAT ARE NOT INSTRUCTION. Section 3: '“Clock hours” means the actual number of hours a person spends attending the instructional portion of a training designed to develop or enhance child care skills.' Lunch, registration and networking do not count. CPR AND FIRST AID SIT ALONGSIDE, NOT INSIDE, THE ANNUAL HOURS. Section 56.A (family): 'A licensee and substitute used for planned, non-emergency situations as stated in Section 15 shall complete certifications in first aid and in CPR. The CPR certification must include a skills demonstration and be appropriate to the ages of the children in care. Certifications must be kept current.'

Section 70.A (large family): same requirement, two months from hire for staff, immediate for the large family provider. Whether a CPR class also counts toward the 12 or 15 hours is not stated in either section; the 'one hour of health or safety training as accepted by OCCL' language leaves that to OCCL's acceptance list. Confirm with your licensing specialist rather than assuming. THE RENEWAL PACKET IS WHERE THE HOURS ARE PROVEN. Section 8.A, 'Required Documentation for License Renewal', includes the line '12 hours of annual training submitted before the license expires, if a family child care provider' and 'Current first aid and CPR cards.' The renewal application itself is due 'at least 60 days before the current license expires' (Section 8.A), which in practice pulls the evidence deadline earlier than the 30-day rule in 56.C. THERE IS NO BIENNIAL OR MULTI-YEAR AVERAGING PROVISION. Unlike states that set a training total per registration period, Delaware's clock is the licence year, and Section 56.C's reclassification rule makes carry-forward one-directional: late training rolls forward, early training does not roll back.

BACKGROUND-CHECK RENEWAL RUNS ON A DIFFERENT, LONGER CLOCK AND IS EASY TO FORGET BETWEEN TRAINING YEARS — Section 13.E.7: 'Staff members, household members, and adult volunteers shall have comprehensive background checks conducted every five years.' So does the electrical inspection — Section 29.M: 'A licensee shall ensure a State fire marshal recognized electrical inspection agency conducts an electrical inspection of the home and approves the home every three years' — and radon, which Section 8.A puts on a five-year cycle: 'Radon testing performed in each room used for child care once within the last five years between the months of October and March and within six months after any remodeling, renovations, or construction.'

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.

THE OPERATIVE TIMING RULE, SECTION 13.E, WITH ITS OWN INTERNAL BEFORE/AFTER: 'A licensee shall ensure before a person becomes a household member, staff member, or adult volunteer or within five days of a household member turning 18 years old, the person is fingerprinted by the Delaware State police for a Delaware SBI and FBI check. BEGINNING JANUARY 1, 2023, a licensee shall ensure before a person becomes a household member, staff member, or adult volunteer, the person is fingerprinted AND THE LICENSEE HAS RECEIVED AN ELIGIBILITY DETERMINATION OR A PROVISIONAL ELIGIBILITY NOTIFICATION BEFORE THE PERSON IS PRESENT AT THE HOME.' Section 13.E.1 repeats it for staff: 'Staff members shall provide the fingerprint verification form to the licensee before working with children. Beginning January 1, 2023, a licensee shall ensure before a person becomes a staff member, the person is fingerprinted and the licensee has received an eligibility determination or a provisional eligibility notification before the person is present at the home.' The pre-2023 sentences are still printed in the regulation, which is why stale summaries keep repeating 'a fingerprinting receipt is required before starting employment.'

That has not been the operative standard since 1 January 2023. THE OTHER TIMING GUARDRAILS, SECTION 13.E.5 and 13.E.6: 'Until CHU determines a person eligible and sends an approval notice, a staff member or household member must be supervised at all times by a person who has completed the background check process and been determined eligible.' 'A staff member or adult household member may not be alone with children until CHU reviews the comprehensive background check and determines eligibility.' And the recheck cycle, 13.E.7 — omitted from most secondary summaries: 'Staff members, household members, and adult volunteers shall have comprehensive background checks conducted every five years.' OUT-OF-STATE SEARCHES ARE THE APPLICANT'S ERRAND, NOT THE AGENCY'S. Section 13.E.2: 'In addition to the Delaware fingerprinting, staff members and adult volunteers who currently reside outside of Delaware must contact their state of residence and complete a fingerprinted state criminal history search and a name-based child abuse and neglect search.' 13.E.3: 'Staff members, household members, and adult volunteers who have resided outside of Delaware in the last five years shall contact each state of residence and request a criminal history search and a child abuse and neglect search.' 13.E.4: 'After the out-of-state searches are completed, the licensee shall submit the results immediately to the CHU.'

For a Wilmington applicant who lived in Pennsylvania or Maryland at any point in the last five years — common on that border — this is two extra states to chase. THE PROCESS CHANGED ON 11 SEPTEMBER 2023 AND THE REGULATION DOES NOT DESCRIBE THE CURRENT MECHANICS. OCCL's FAQ, read 2026-08-25, states in bold: 'Reminder: You must now follow the NEW State Bureau of Identification's background check process, which began Monday, September 11, 2023! Walk-in appointments will no longer be accepted.' The six published steps: 'Step 1 – 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. Step 2 – The applicant completes, signs, and dates the form and returns it to the Criminal History Unit (CHU) via email: DSCYF_CHU@delaware.gov or via fax: (302) 633-5191. Step 3 – Upon receipt of the completed form, CHU will email the person the IdentoGO Service Code and No Charge Authorization Code. Step 4 – The applicant signs up for an IdentoGO appointment online using the service code and provides the no-charge authorization code for payment.

The IdentoGO helpline phone number is 1-844-539-5541. Step 5 – The applicant attends their selected, in-person appointment. Step 6 – CHU receives the background check results and sends an eligibility determination or provisional eligibility notification to the CHU contact. Individuals only receive a determination letter via mail (sent to the address provided on the form) when they are either determined ineligible or prohibited from employment.' Note step 6: if you are ELIGIBLE you get no letter — the determination goes to the CHU contact the applicant named on the form. Appendix I of the regulation collects that address: 'Please provide the email address at which you prefer to receive the fingerprinted background check results from the Criminal History Unit (CHU) ... CHU contact name: ___ Email: ___'. Get that field wrong and your own eligibility notice goes to the wrong inbox. THE EMPLOYER'S OWN DUTIES, per OCCL's FAQ: 'Print background check form using the Delaware ECE Portal. Ensure that all persons have been fingerprinted and have provided a Delaware State Bureau of Identification (SBI) receipt of fingerprinting.

Maintain a copy of the SBI receipt of fingerprinting for each person. Notify the Department of Children, Youth and Their Families' Criminal History Unit (CHU) when an applicant has been terminated from employment or denied approval prior to completion of the background check. ... Require all persons to notify agency or employer of any subsequent criminal charges and subsequent allegations of child abuse or neglect against them as a condition of continued employment or approval.' The regulation mirrors the last one at Section 16.B, which puts 'Any known new charges, arrests, or convictions of the licensee, household member, or staff member' on the one-business-day notification list. THE DISQUALIFICATION GROUNDS — FOUR SEPARATE LEGAL SOURCES, SECTION 13.C: 'An applicant may not be licensed and a licensee may not own a child care home if the applicant or licensee is prohibited by law from working in child care or is determined ineligible under the DELACARE Regulations - Background Checks for Child-Serving Entities. Applicants and licensees who have a child or children currently or permanently removed from their custody because of abuse, neglect, or dependency are prohibited from providing child care.

In addition, a licensee may not employ or keep in any capacity a household member or other person with direct access to children if: [•] Convicted of a prohibited offense, for the time listed in 31 Del.C. §309; [•] Determined ineligible under the DELACARE Regulations - Background Checks for Child-Serving Entities; [•] Active on the Delaware Child Protection Registry for a Level III or Level IV substantiation of abuse or neglect; or [•] Convicted of a prohibited offense, as defined in the federal Child Care Development Block Grant Act.' The Background Checks for Child-Serving Entities regulation is a DSCYF regulation, not a DOE one, and is not part of 14 DE Admin. Code 934 — see verify_flag. THE BROADER CHARACTER TEST, SECTION 13.B, WHICH IS NOT A CONVICTION TEST AT ALL: 'A licensee, household and staff members, may not have convictions, current indictments, outstanding warrants, or SUBSTANTIAL EVIDENCE OF INVOLVEMENT in an activity involving violence against a person; child abuse or neglect; possession, sale, or distribution of illegal drugs; sexual offense; gross irresponsibility or disregard for the safety of others; or serious violations of accepted standards of honesty or ethical behavior.

OCCL may at its own discretion, make exceptions when it is documented that the health and safety of children would not be endangered except as prohibited by the Child Protection Registry law as defined by 16 Del.C. §923.' The statute backs the discretion: 14 Del.C. §3004A(b) requires OCCL to determine 'The good character and intention of the individual' and 'That the required criminal background checks are completed and approved' before issuing a licence. CUSTODY LOSS IS A STANDALONE BAR, SECTION 13.D: 'When known, a licensee may not employ or keep in any capacity a person with direct access to children whose child or children are currently or were permanently removed from the person's custody because of abuse, neglect, or dependency. 1. A person who has given up or otherwise lost custody of the person's children for reasons other than abuse, neglect, or dependency shall present documentation to OCCL regarding the circumstances of this event. 2. OCCL will determine whether this individual may work or be present at the home. 3. After receiving an eligibility determination, a person who is determined ineligible or prohibited under the DELACARE Regulations - Background Checks for Child Serving Entities, is entitled to an administrative review for reconsideration.

If the person requests an administrative review, the licensee and the person shall be bound by the final decision of the administrative review.' The initial application list at Section 7.A.3 collects it in advance: 'Documentation of any case where the applicant gave up or lost custody of a child, if applicable.' THE APPEAL. OCCL's FAQ: 'The request must be submitted in writing to the Criminal History Unit within 10 business days of receiving notification of the determination of ineligible or prohibited,' and pending review 'The person shall be removed from direct access to children or provisions made for on-site supervision of the person during working hours pending the results of the review.' OCCL MAY REACH INTO A CHILD HOUSEHOLD MEMBER'S RECORDS. Section 7.A.3: 'When OCCL has a reason to believe the health, safety, or welfare of a child in care may be at risk, OCCL may request parent or guardian permission for a comprehensive background check on a child household member and other medical, psychological, counseling, school, and probation records. OCCL may obtain information from the Department of Services for Children, Youth and Their Families.'

Section 13.J repeats the power for staff and household members generally. HEALTH SCREENING RUNS IN PARALLEL AND IS OFTEN THE THING THAT ACTUALLY DELAYS A FILE. Section 7.A.3: 'Health appraisals for the applicant, all adult household members, and the substitute completed within one year before the application date that includes 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. The TB test or medical professional risk assessment must be completed within one year before the application date. This appraisal must confirm the person's health and document medical or physical conditions that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required.' Plus 'Health appraisals for child household members.' Ongoing: Section 13.F gives 30 days for a new household or staff member or a household member turning 18; Section 13.G requires the same appraisal for 'adult volunteers who are present for more than five days or 40 hours per year', completed within one year before the volunteer's start date and kept on file at the home.

THE FEE. OCCL's 'Start a Child Care Business' page: 'OCCL does not charge fees for: applications, information and orientation sessions, fingerprinting and criminal history reviews, licenses, or technical assistance.' The IdentoGO appointment is booked with a 'No Charge Authorization Code' issued by CHU.

The application, step by step

Work through these in order — the prep packet turns them into a checklist you can tick off:

1. 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 person's own children, grandchildren, nieces, nephews, or stepchildren' under Section 4.C — OCCL's FAQ lists a wider set of relatives; get any relative-care exemption confirmed in writing before you rely on it. Then choose the tier: family home (Level I, 5-6 children; Level II, 9) or large family home (12, and the only tier that may sit in a commercial building 'if permitted by zoning', Section 6.B).
2. 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).
3. 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 group, has a high school diploma or its equivalent' plus one of eight credential routes (Section 66.D). Section 55.A / 66.A: submit 'copies of training certificates, transcripts, and diplomas to OCCL as proof.'
4. 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 family homes are exempt from this requirement if not serving as a staff member' (Section 7.A.3). Plan also to sit OCCL's Administration of Medication certification (Section 42.A, Appendix IX) — in a single-provider family home there is nobody else who can hold it.
5. 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 limited to, the Americans with Disabilities Act and Delaware Equal Accommodations Law; Statement that information supplied is true and correct; and Acknowledgment that OCCL is required to make a thorough investigation of the applicant.' Appendix I also collects aliases, dates of birth, race and gender for the applicant, every household member and every substitute, entity details for an LLC or corporation, and the CHU contact name and email to which background results will be sent. The form is good for one year from receipt.
6. 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 the eligibility determination to the named CHU contact. Anyone who currently lives outside Delaware, or lived outside Delaware in the last five years, must separately obtain a fingerprinted state criminal history search and a name-based child abuse and neglect search from EACH such state and get the results to CHU (Sections 7.A.3, 13.E.2-4). Under Section 13.E as amended, the licensee must hold 'an eligibility determination or a provisional eligibility notification before the person is present at the home.'
7. 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.'
8. 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 identified areas at least every six months and document that the lead-based paint is intact'; if hazards are found, hire a DPH-certified lead-safe contractor, obtain a lead-dust clearance inspection, deliver results to OCCL 'within five business days', and 'Children may not be present during repairs and the home must stay closed until the results of the dust clearance test are at appropriate levels.' RADON — 'Evidence showing each room used for child care to be free of radon hazards using the Environmental Protection Agency's guidelines'; 'If testing indicates a radon level over 4.0 pCi/L, radon mitigation according to industry standards must occur or a long-term radon test (90-120 days) must indicate a level less than 4.0 pCi/L.' ELECTRICAL — 'Electrical inspection of the home conducted by a State fire marshal recognized electrical inspection agency' (and thereafter every three years, Section 29.M). LANDLORD — 'Landlord approval, if renting.' These are the items OCCL's FAQ means when it says 'There is no fee for a license. However, licensing regulations require inspections that have a fee.'
9. 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 no former employer, the applicant shall provide information for two more references.' 'State business license or verification of tax-exempt status.' 'Sample two-week menu, if providing meals or snacks (if using a catering service, a copy of the caterer's food establishment permit).' 'Emergency plan' — built to the Section 45.A specification (preparing for a disaster, assigning responsibilities, keeping track of children and staff, moving to a new location, communicating with and returning children to families, meeting the needs of infants, toddlers and children with disabilities, caring for children after the emergency, contacting emergency response agencies and parents, and locking down the home) plus the Section 45.C shelter-in-place plan 'for up to 24 hours' with a listed stock of non-perishable food, bottled water and no-electricity preparation supplies.
10. 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 separate hand-washing sink in the kitchen plus either a two-compartment sink with sanitizing basin or another sink and a dishwasher, an oven or microwave, a range or cooktop, and a window that opens or an exhaust fan (Section 62, waivable only if parents supply food or you use a caterer); 35 sq ft indoor per child (Section 63); fenced outdoor play at 50 sq ft per child with two exits (Section 64); written personnel policies and a written child-abuse-handling policy (Section 65); qualified large family provider, assistant and/or aide (Sections 66, 67); and personnel files (Section 69).
11. 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 determined ... The good character and intention of the individual[,] That the individual home or facility meets the physical, social, moral, mental, and educational needs of the average child[,] Whether OCCL regulations are properly met[, and] That the required criminal background checks are completed and approved.'
12. 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 your licensing specialist what term will actually be printed on your licence — the annual training deadline in Section 56.C and the renewal deadline in Section 8.A both run off that printed date. Recorded in verify_flag.
13. 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 for each child (Section 22.A) and, for a large family home, a personnel file for each staff member (Section 69).
14. 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 home'; a current State business licence unless tax-exempt; and radon testing done 'once within the last five years between the months of October and March.' Section 8.B: 'Applications received less than 60 days before the license expiration will be cited as late on the compliance review.' Section 8.C protects the punctual: 'When a licensee applies on time, the existing license will not expire until OCCL makes a decision on the renewal application.' Section 8.D punishes the late: 'When a licensee applies after the license expires, if approved, the new license will start the date OCCL received the application. A license will not be backdated.'

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 home, or phone, email, or other communication methods used by the home to ensure the child is released from care when requested by the parent, guardian, or authorized release person', school-age children walking home with written permission, identity checks on unknown approved persons, non-custodial-parent situations and intoxicated or unsafe adults; reporting procedures for accidents, injuries or serious incidents; mandatory reporting of child abuse and neglect; administration of medication policy including reasonable accommodations for a child with disabilities; safe sleep practices for infants if applicable; a description of animals or pets 'regardless of the location within the home'; suspension and expulsion policies 'such as the “Best Practice Statement for the Prevention of Expulsion and Suspension in Delaware Early Childhood Programs,” found on the “My Child DE” website'; a non-discrimination policy; and a transportation policy if applicable.
• 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 children who do not become enrolled, are currently enrolled, and are no longer enrolled. 1. This log shall be signed by the parent or guardian. 2. This log shall be provided to OCCL at each annual compliance review.' The log covers ENQUIRIES, not just enrolments — a family that toured and walked away still belongs on it.

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 for more than 30 days within a year, or whose current driver's license/state ID is issued to the address listed on this application' — and every substitute, each with aliases, date of birth, race and gender, plus whether the substitute is for emergency or non-emergency use, plus the CHU contact name and email for background results); C References ('List three individuals who are not related to the applicant. If the applicant has no previous work history in the last five years, list five individuals'). The form's own header warns: 'This application will be active for one year. If you are not licensed within one year of OCCL receiving this application, you will need to attend an information session and orientation again and submit a new application.'
• 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 location until OCCL issues a license at the new address.'
• 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 if unable to get at least one completed Service Letter, two additional reference letters or phone references are required.'
• 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 FAQ, employer responsibilities).
• 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 Guide as described in Appendix IX.'
• 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 and at or around age 24 months', emergency medical information and recommendations on medication, allergies and restrictions. Religious exemptions from immunisation (23.C) and from blood lead screening (23.D) each require 'A notarized affidavit of religious belief' placed in the child's file. NOTE: the two-point blood lead schedule and the catch-up screening are August 2022 language that is MISSING from the copy of 934 codified on regulations.delaware.gov — see verify_flag.
• 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, swimming, administration of medication, screen time (52.J), sleeping on a mat (35.C.2), sleeping in another area (35.J) and transport; custody and visitation court orders; MARs and accident/injury reports; and the signed Parents Right to Know Form. Section 22.C: the file 'must be available for three months after a child has left care.'
• 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).

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.

Source: PRIMARY, OPERATIVE RULE TEXT — DELACARE: Regulations for Family and Large Family Child Care Homes, codified as 14 DE Admin. Code 934, 'Regulations for Family and Large Family Child Care Homes'. The operative text is the Department of Education / OCCL publication stamped 'Final AUGUST 2022', adopted by Notice of Rescission and Promulgation ordered 6 July 2022 and taking effect 10 August 2022: https://education.delaware.gov/wp-content/uploads/2022/08/DELACARE-FCCH-LFCCH-Regulations-August-2022.pdf (read in full 2026-08-25; Sections 1-70 plus Appendices I-XII). OCCL's own page labels this file 'DELACARE: Regulations for Family and Large Family Child Care Homes — Effective 08/10/2022': https://education.delaware.gov/families/birth-age-5/occl/start_a_child_care_business/starting_a_large_family_child_care_business/ CODIFIED COPY, WITH A WARNING — https://regulations.delaware.gov/AdminCode/title14/934 (a JavaScript application; the machine-readable text was retrieved by POST to https://regulations.delaware.gov/api/AdminCode/regulation with body {"regulationUrl":"/AdminCode/title14/934"}).

This copy's history stamps stop at 25 DE Reg. 1017 (05/01/22) and it does NOT incorporate the August 2022 final order; it is missing, among other things, the 'Blood lead screening' definition and the adult-volunteer Health and Safety Training duty. Use it for cross-checking only, not as the rule. REGULATORY HISTORY — Delaware Register of Regulations cumulative table, retrieved 2026-08-25 from https://regulations.delaware.gov/api/CumulativeTable/tabledata . Complete action list for 934: 24 DE Reg. 453 (11/01/2020) Proposed; 24 DE Reg. 677 (01/01/2021) Final; 25 DE Reg. 239 (09/01/2021) Emergency; 25 DE Reg. 370 (10/01/2021) Proposed; 25 DE Reg. 665 (01/01/2022) Emergency; 25 DE Reg. 807 (03/01/2022) Proposed; 25 DE Reg. 1017 (05/01/2022) Final; 25 DE Reg. 1067 (06/01/2022) Proposed; 26 DE Reg. 103 (08/01/2022) Final — the last action ever taken on this regulation. Individual register documents: https://regulations.delaware.gov/register/august2022/final/26%20DE%20Reg%20103%2008-01-22.htm (archive host blocks non-browser clients). Current issue pointer: https://regulations.delaware.gov/api/CumulativeTable/currentinformation — '2026 August - Volume 30 Issue 2', closing 2026-07-15, published 2026-08-01. STATUTE — 14 Del.C. Chapter 30A, 'The Delaware Child Care Act', §§3001A-3008A, read in full 2026-08-25 at https://delcode.delaware.gov/title14/c030a/index.html .

Key provisions: §3002A(2) and (6) (Department = Department of Education; OCCL within the Department of Education); §3002A(1)c. and (5) (military family child care provider exclusion and definition); §3003A (OCCL established, powers, mandatory regulation content); §3004A (licence required, one-year term, investigation standards, developmental and social-emotional screening from 1 July 2023, notice/hearing/appeal, emergency suspension); §3005A (penalties: civil penalty up to $1,000 per violation; fine up to $1,000 or up to 6 months' imprisonment); §§3006A and 3007A (Provider Advisory Board, repealed by 84 Del. Laws, c. 527, effective 1 November 2024); §3008A (transfer of OCCL from DSCYF to DOE effective 1 July 2020). SESSION LAWS READ IN THE ENROLLED TEXT — 85 Del. Laws, c. 105 (formerly House Bill No. 121, 153rd General Assembly, 'AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHILD CARE LICENSING', Approved July 23, 2025, effective 60 days after enactment): https://legis.delaware.gov/SessionLaws/Chapter?id=42267 . 85 Del. Laws, c. 198 (formerly House Substitute No. 1 for House Bill No. 49, 'AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE CHILD CARE ACT', Approved September 2, 2025): https://legis.delaware.gov/SessionLaws/Chapter?id=42360 . AGENCY PAGES, ALL READ 2026-08-25 — OCCL landing page with office addresses, phones, fax numbers and email: https://education.delaware.gov/families/birth-age-5/occl/ .

Regulations and Exemptions (link inventory for all five DELACARE rule sets): https://education.delaware.gov/families/birth-age-5/occl/regulations_and_exemptions/ . FAQs (licence cost, monitoring cadence, public file access, relative-care exemption, the full six-step SBI/IdentoGO background-check process effective 11 September 2023, comprehensive background check definition, employer duties, disqualification grounds, administrative review): https://education.delaware.gov/families/occl/faqs . Start a Child Care Business (fee-free services statement and the five facility types with their headcount bands): https://education.delaware.gov/families/birth-age-5/occl/start_a_child_care_business/ . Child Care Licensing and Careers hub: https://education.delaware.gov/educators/child-care-licensing-and-careers/ . COMPARATORS AND CROSS-REFERENCES NAMED IN THE RULE BUT NOT READ IN FULL FOR THIS ENTRY — 14 DE Admin. Code 933, DELACARE: Regulations for Early Care and Education and School-Age Centers (the regime that begins at 13 children; cited inside 934 at Sections 55.E, 66.D and 66.E for teacher-equivalency); 'DELACARE Regulations - Background Checks for Child-Serving Entities', a DSCYF regulation cross-referenced at Sections 13.C and 13.D; 7 DE Admin. Code 1375 (indoor air sampling, cited at Section 61.E); 19 Del.C. §708 (service letters); 31 Del.C. §309 (prohibited offences); 16 Del.C. §923 (Child Protection Registry); 10 Del.C. §901 (definitions of child abuse and neglect used in Section 3).

Verified 2026-08-25. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.