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Home Daycare License Requirements in Maine (2026)

Opening a home daycare in Maine means getting a family child care home license from the Maine Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS), Child Care Licensing (Children's Licensing and Investigation Services). Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.

In brief — Maine

Licensing agency: Maine Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS), Child Care Licensing (Children's Licensing and Investigation Services)
Program / rule: Family Child Care Provider License under 10-148 C.M.R. Chapter 33 (Family Child Care Provider Licensing Rule); routine technical portions effective May 27, 2021 and major substantive portions effective May 27, 2022. Statutory basis = 22 M.R.S. Chapters 1661, 1663, and 1673 (licensing authority 22 M.R.S. §8301-A). Note: Maine uses one home-based license tier — the 'Family Child Care Provider' — there is no separate small/large or group-family-home tier as in some states.
Maximum group size: See capacity & ratios below
CPR & first aid: Yes — required before licensure
Last verified: 2026-08-10

Who needs a license — home types in Maine

A 'Family Child Care Provider' (10-148 C.M.R. Ch. 33, §1, def. 15) means a person who provides child care in that person's home on a regular basis, for consideration, for 3 to 12 children under 13 years of age who are not the children of the provider or who are not residing in the provider's home. Maine does NOT tier home-based care into small vs. large/group homes: there is a single Family Child Care Provider license covering 3–12 children (the count above the license-exempt threshold up to the maximum licensed capacity). Caring for a maximum of 2 non-resident children is 'License-Exempt' (Ch. 33 §1 def. 28; 22 M.R.S. §8302-B) and needs no license; 3 or more requires the Family Child Care license. (Care for larger numbers is instead a Child Care Facility/center under 10-148 C.M.R. Ch. 32.)

How many children you can care for in Maine

Maximum Licensed Capacity is 12 children (under age 13) at any one time who are not the provider's own children or residing in the home; the exact number and age range are set on each license and can be limited by the Department based on space, provider physical limitations, or children needing exceptional amounts of care (§7(B)(4)). The provider's own children and other children residing in the home are NOT counted toward the 3–12 licensed capacity — BUT note the ratio nuance: under §7(B)(2), children living with the provider who are OVER four years of age are not counted in the staff-child ratio, while children living with the provider who are UNDER four years of age ARE counted in the staff-child ratio (and staff members' own children in care are counted in their age group). Reaching 12 children requires the required number of qualified staff (see ratios). License-exempt care is capped at 2 non-resident children.

Adult-to-child ratios

Staff-child ratios (10-148 C.M.R. Ch. 33, §7(C)(2)), maximum children per staff: ALL children 6 weeks to 2 years old — 1 provider:4 children; 2 providers:8 children; 3 providers:12 children. ALL children 2 to 5 years old — 1 provider:8 children; 2 providers:12 children. ALL children over 5 years old — 1 provider:12 children. MIXED AGES — 1 provider: 3 children under 2 + 3 children 2 to 5 + 2 children over 5, OR 8 children 2 to 5 + 2 children over 5; 2 providers: 6 children under 2 + 6 children over 2; 3 providers: 12 children (no more than 9 may be under 2 years of age). Older children may fill younger children's spaces, but younger children may not fill older children's spaces. Ratio-counting rule (§7(B)): all children in care under 13 are counted; children living with the provider who are UNDER four are counted, those OVER four are not; no child under six weeks (other than the provider's own) may be cared for. 'Infant' = 6 weeks to 12 months; 'Toddler' = 13 months through 36 months; 'Preschool child' = 3 to 5 years; 'School-age child' = at least 5 and under 13. Capacity may be exceeded ONLY for family emergencies or emergency (unplanned) school closings, with proper ratios still maintained and documented (§7(C)(3)); planned school closures do NOT allow exceeding capacity.

Training you must complete before licensure

Before a license is issued, either the provider or at least one staff member must (10-148 C.M.R. Ch. 33, §7(F)(4)): (a) be at least 18 years old AND hold a current Adult and pediatric First Aid and CPR certification; AND (b) have completed at least 6 hours of pre-licensing training in healthy/safe environments; child development; observation and assessment; developmentally appropriate practice; guidance; relationships with families; individual and cultural diversity; children with special needs; business and professional development; or child care practices (§7(F)(4)(b)). Providers and staff must also be properly immunized (documented immunity against tetanus, pertussis, and diphtheria, and — for those born after 1956 — measles, mumps, and rubella) (§7(F)(5)). Orientation training (§8(A)) in 13 specified areas — including this Rule, the provider's policies, SIDS/SUID/Shaken Baby and safe sleep, medication administration, food/allergy emergencies, building safety, communicable disease/bloodborne pathogens, hazardous material handling, transportation, Adult & pediatric First Aid and CPR each with hands-on skills demonstration, and Mandated Reporter Training — must be completed within the first 90 days of service (fire drill/disaster/emergency procedures within the first week).

Ongoing (annual) training

12 clock hours of ongoing training required annually per provider and per staff member (10-148 C.M.R. Ch. 33, §8(B)) — this is a single, explicit statewide number set by the rule. Annual training must include a review of health and safety topics, and Department-approved Mandated Reporter retraining at least once every 4 years. Adult & pediatric First Aid and CPR certification hours count toward the yearly total; the training year is calculated from the license issuance date, and new staff hours are prorated by months of employment. All providers and staff must register with Maine's Professional Development Network (Maine Roads to Quality / PD Network).

Background checks

Comprehensive background check required BEFORE licensure and employment under 10-148 C.M.R. Ch. 34 (Child Care Provider Background Check Licensing Rule; 22 M.R.S. §8302-C) for the provider, all current and prospective staff members, and all household members age 18 and older. Mandatory fingerprints: FBI fingerprint check (Next Generation Identification) + NCIC National Sex Offender Registry; plus, in the state where the individual resides AND each state of residence in the previous 5 years, the State Child Abuse & Neglect registry/database, State Bureau of Identification (SBI) or comparable crime repository, and State Sex Offender Registry. Fingerprints are taken by/through the Maine State Police and forwarded to the State Bureau of Identification. The Department issues a Child Care Provider Letter of Eligibility / Staff Member Letter of Eligibility (within 45 days of a complete request); no license is issued and no staff may work or have access to children until an eligible determination is issued. Checks must be requested at least once every 5 years for each individual.

The application, step by step

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

1. Confirm you need a license: caring for 3 or more children who are not your own/not residing in your home requires a Family Child Care Provider license (2 or fewer = license-exempt).
2. Register with Maine's Professional Development Network (Maine Roads to Quality) and complete required pre-licensing training: at least 6 hours of pre-licensing training plus current Adult & pediatric First Aid and CPR certification (provider or at least one staff member) (§7(F)(4)).
3. Submit fingerprint-based comprehensive background check requests (Ch. 34) for yourself, any staff, and all household members age 18+; obtain Letters of Eligibility (issued within 45 days of a complete request) before licensure.
4. Obtain a satisfactory fire safety inspection from the Maine Department of Public Safety, Office of the State Fire Marshal (written statement furnished bi-annually), which specifies where in the home child care may be provided (basements, specific rooms, floors) and any age restrictions (§2(A)(8)).
5. Secure written landlord approval if the space is rented or leased (§2(A)(10)); disclose any foster care license (no FCC license may be issued to a foster-care licensee, §2(A)(6)).
6. Complete and submit the initial Family Child Care Provider license application on Department-furnished forms with the non-refundable fee (check payable to 'Treasurer, State of Maine'); complete the Family Child Care Pre-Licensing Checklist and required personnel/immunization records.
7. Pass the OCFS Child Care Licensing pre-licensing/on-site inspection (health, safety, minimum net space of 35 sq. ft. per child, sleep equipment, hazard storage, first aid kit, required postings).
8. Receive the license (a provisional license may be issued for no less than 3 and no more than 12 months for first-time/relocated/reopening applicants, §2(F)(1)(d); a full license is issued for a 2-year term, §2(F)(2)) before beginning to provide care; submit renewal at least 60 days before expiration (§2(B)(2)).

What you must post on your walls

The current License issued by the Department, posted where easily seen on the premises (§2(A)(2)(a))
The results of the most recent inspection, showing any violations of this rule (§2(A)(2)(b))
Any enforcement actions, including a Directed Plan of Action or a conditional License (§2(A)(2)(c))
Any notices or correspondence the Department requires to be posted, including but not limited to water test results or any lead hazard assessment (§2(A)(2)(d))
The Department's Child Protective Intake (child abuse/neglect) hotline number (800-452-1999), posted in a readily accessible central location (§10(D))
Fire drill / evacuation and emergency procedures posted; legible pool safety rules posted in a conspicuous location if swimming/wading is offered

Enrollment forms for each child

Family Child Care Provider Initial License Application (Department-furnished form)
Family Child Care Pre-Licensing Checklist (OCFS, rev. 11.28.23)
Authorization for the Release of Personal History Information (background check consent, rev. 11.28.23)
Family Child Care Personnel Record Form (OCFS, rev. 5.24.23)
Certificate of Immunization / immunization records for provider and staff
Fire Marshal (Office of the State Fire Marshal) inspection statement
Zoning and Code Compliance form (OCFS, 7.22.24) where applicable

What's specific about getting licensed in Maine

Maine collapses what most states split into 'small' vs. 'large/group' family homes into ONE license: the Family Child Care Provider, covering 3 to 12 children with a single rule (10-148 C.M.R. Ch. 33). The number that actually gates your business is not '12' — it is your staffing. A single provider working alone can never legally have 12 children under this rule: solo capacity tops out at 4 if any are under 2, 8 if all are 2–5, and 12 only if every child is over 5. To reach 12 you must bring on qualified, background-cleared staff and meet the mixed-age caps (with 3 providers, no more than 9 children may be under 2). The other Maine-specific trap is that the license is issued for a specific physical space: the State Fire Marshal inspection dictates exactly which rooms, floors, and basement you may use and can restrict the ages of children per area, and a move to a new address voids the license entirely.

Common mistakes when getting licensed in Maine

'Licensed capacity 12' is a staffing illusion for solo providers

Applicants read the 12-child maximum and plan a business around it, but §7(C) ratios mean one provider alone is capped at 4 children if any are under age 2, 8 if all are 2–5, and 12 only if all are over 5. Twelve infants/toddlers is never permissible even with 3 staff (no more than 9 may be under 2). Build your enrollment and pricing around your real ratio, not the headline number.

Your own young kids DO count in ratios — and everyone in the house gets fingerprinted

A common misread: your own/resident children are excluded from the 3–12 licensed capacity (true, per the definition), but they are NOT fully excluded from staff-child ratios. Under §7(B)(2), a child living with you who is UNDER four IS counted in your ratio; only resident children over four are excluded. The other half (Ch. 34): every household member age 18 or older must pass a fingerprint-based FBI + state comprehensive background check before your license issues, and so must any staff — an ineligible spouse, adult child, or roommate can block your license entirely.

The Fire Marshal, not just OCFS, controls whether you can open

No license is issued until you pass a State Fire Marshal (Office of the State Fire Marshal) inspection, and that approval specifically names which basements, rooms, and floors may be used and can restrict children's ages by area (§2(A)(8)(c)). Changing your heating system, making major structural changes, or using new rooms triggers a re-inspection you must notify the Department about 10 days ahead (§2(A)(8)(d)). Renters also need written landlord approval on file (§2(A)(10)).

Provisional first (max 12 months), and the license is glued to one address

First-time, relocated, or reopening applicants typically get a PROVISIONAL license — issued for no less than 3 and no more than 12 months (§2(F)(1)(d)) — not the full 2-year license, and must demonstrate compliance to graduate to full. Because the license authorizes only the premises inspected, moving to a new home means applying for a brand-new license before you can operate there — the license cannot be transferred to another location, owner, or provider (§2(A)(4)).

How long it takes and what it costs in Maine

Timeline: Plan on roughly 2–4 months from starting to licensed, most of it gated by two external steps: the fingerprint-based comprehensive background checks (Letters of Eligibility issued within 45 days of a complete request, and no one may work or the license issue until eligible) and scheduling the State Fire Marshal fire-safety inspection. Add time to complete the 6+ hours of pre-licensing training and current Adult & pediatric First Aid/CPR certification, the OCFS pre-licensing on-site inspection, and any corrections. First-time providers generally receive a provisional license (3–12 months) before a full 2-year license.

Cost: License application fees (10-148 C.M.R. Ch. 33, §3, payable to 'Treasurer, State of Maine,' non-refundable): provisional license $80.00; temporary license $10.00; full license or its biennial (2-year) renewal $160.00; revised license $10.00. Not set by the rule and paid out of pocket separately — confirm current amounts with the vendors/agency: fingerprinting fees for the FBI/state background check (Ch. 34, via Maine State Police/vendor), Adult & pediatric First Aid/CPR course fees, and any costs to meet fire-safety or code corrections. Confirm background-check and training fees with Maine OCFS Child Care Licensing.

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Maine home daycare licensing — FAQ

How many children can I care for in a Maine home daycare?

What are the adult-to-child ratios for a home daycare in Maine?

What training do I need to run a home daycare in Maine?

Before you can be licensed: Before a license is issued, either the provider or at least one staff member must (10-148 C.M.R. Ch. 33, §7(F)(4)): (a) be at least 18 years old AND hold a current Adult and pediatric First Aid and CPR certification; AND (b) have completed at least 6 hours of pre-licensing training in healthy/safe environments; child development; observation and assessment; developmentally appropriate practice; guidance; relationships with families; individual and cultural diversity; children with special needs; business and professional development; or child care practices (§7(F)(4)(b)). Providers and staff must also be properly immunized (documented immunity against tetanus, pertussis, and diphtheria, and — for those born after 1956 — measles, mumps, and rubella) (§7(F)(5)). Orientation training (§8(A)) in 13 specified areas — including this Rule, the provider's policies, SIDS/SUID/Shaken Baby and safe sleep, medication administration, food/allergy emergencies, building safety, communicable disease/bloodborne pathogens, hazardous material handling, transportation, Adult & pediatric First Aid and CPR each with hands-on skills demonstration, and Mandated Reporter Training — must be completed within the first 90 days of service (fire drill/disaster/emergency procedures within the first week).

Ongoing training: 12 clock hours of ongoing training required annually per provider and per staff member (10-148 C.M.R. Ch. 33, §8(B)) — this is a single, explicit statewide number set by the rule. Annual training must include a review of health and safety topics, and Department-approved Mandated Reporter retraining at least once every 4 years. Adult & pediatric First Aid and CPR certification hours count toward the yearly total; the training year is calculated from the license issuance date, and new staff hours are prorated by months of employment. All providers and staff must register with Maine's Professional Development Network (Maine Roads to Quality / PD Network).

What background checks does Maine require?

Is this legal advice?

No. DaycareLicensePrep gives general information based on each state's published child-care licensing rules, dated to when we last verified them, and is not a guarantee of licensure. Always confirm with your state's licensing agency before applying.

Maine changes its rules — we'll tell you

Getting licensed takes months, and states revise these numbers. Leave your email and we'll write to you when Maine's requirements change. Nothing else, ever — and you can unsubscribe from any message.

Source: https://www.maine.gov/dhhs/sites/maine.gov.dhhs/files/inline-files/Family%20Child%20Care%20Provider%20Licensing%20Rule_0.pdf (10-148 C.M.R. Ch. 33, effective 5/27/2021 & 5/27/2022); https://www.maine.gov/dhhs/sites/maine.gov.dhhs/files/inline-files/10-148%20Ch.%2034%20CC%20Background%20Check%20Licensing%20Rule%20Final%20Adoption%20Effective%205-12-22_1.pdf (10-148 C.M.R. Ch. 34); https://www.maine.gov/dhhs/ocfs/provider-resources/child-care-licensing/becoming-a-childcare-provider; https://www.maine.gov/dhhs/ocfs/provider-resources/child-care-licensing/becoming-a-childcare-provider/child-care-provider-forms

Verified 2026-08-10. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.