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Home Daycare License Requirements in North Dakota (2026)
Opening a home daycare in North Dakota means getting a family child care home license from the North Dakota Department of Health and Human Services (DHHS), Early Childhood Services (Child Care Licensing). 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 — North Dakota
- Licensing agency
- North Dakota Department of Health and Human Services (DHHS), Early Childhood Services (Child Care Licensing)
- Program / rule
- Family Child Care license under North Dakota Administrative Code (NDAC) Chapter 75-03-08 (Family Child Care Early Childhood Services); statutory basis = NDCC ch. 50-11.1 (definitions and capacities at 50-11.1-02, license-required tiers and fees at 50-11.1-03). The next home tier up, 8–30 children, is a Group Child…
- Maximum group size
- FAMILY CHILD CARE: no more than seven children at any one time, plus up to two additional school-age children (children at least five and under twelve) - a functional maximum of nine bodies under the roof at any single instant, with the provider's own children under twelve counted in that nine. Authorities: NDCC…
- CPR & first aid
- Yes — required before licensure
- Last verified
- 2026-08-25
Who needs a license — home types in North Dakota
NORTH DAKOTA TIERS HOME-BASED CARE BY HEAD COUNT, AND EVERY BOUNDARY IS IN THE CENTURY CODE, NOT IN THE RULES. NDAC 75-03-08-03 says so in its first line: "The terms used in this chapter have the same meanings as in North Dakota Century Code section 50-11.1-02." Read the rules alone and you will find no capacity at all. 1) IN-HOME PROVIDER - NOT A LICENCE, AND NOT IN YOUR HOME. NDCC 50-11.1-02(11): "'In-home provider' means any person who provides early childhood services to children in the CHILDREN'S home." This is a nanny-style registration, governed by NDAC ch. 75-03-07. NDCC 50-11.1-06 makes it voluntary: "An in-home provider may apply for a registration document from the department... A registration document for an in-home provider may not be effective for longer than one year." The Legislative Council memorandum (LC# 27.9080.01000, September 2025) states the ceiling: "An in-home provider may provide early childhood services in a private residence for up to five children through age 11, of which no more than three may be under age 24 months." Its published table lists in-home as ages 0-11, up to 5 children, NOT eligible for the food program and NOT eligible for child care assistance. 2) SELF-DECLARATION - VOLUNTARY, IN YOUR OWN HOME, AND SUBSIDY-ELIGIBLE.
NDCC 50-11.1-02(27) - and this subsection number matters, see verify_flag - reads: "'Self-declaration' means voluntary documentation of an individual providing early childhood services in a private residence for up to five children through the age of eleven, of which no more than three may be under the age of twenty-four months." NDCC 50-11.1-16(1)(a): "An application for self-declaration is voluntary. If an individual applies for self-declaration from the department, the department shall determine whether the standards for self-declaration have been met and shall approve or deny a self-declaration based upon that determination." Fee: $15 (50-11.1-16(1)(b)).
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
How many children you can care for in North Dakota
FAMILY CHILD CARE: SEVEN AT ANY ONE TIME, PLUS UP TO TWO ADDITIONAL SCHOOL-AGE CHILDREN - FUNCTIONAL CEILING NINE. NDCC 50-11.1-02(7), quoted in full: "'Family child care' means a private residence licensed to provide early childhood services for no more than seven children at any one time, except that the term includes a residence licensed to provide early childhood services to two additional school-age children." 'School-age children' at NDCC 50-11.1-02(26) means "children aged at least five years but less than twelve years of age." So the ninth child in a licensed family home must be at least five and not yet twelve. NDAC 75-03-08-09(1) then makes clear the count is instantaneous rather than cumulative: "Staffing requirements are established by the number of children physically in care at the family child care at any given time, rather than total enrollment." You may enrol more than nine children on paper; you may never have more than the licensed number under the roof at one moment. THE COUNTING RULE IS STATUTORY, AND IT COUNTS YOUR OWN CHILDREN. NDCC 50-11.1-02.1 ('Number of children in program - How determined') is the section that decides whether a family provider is legal on a Tuesday afternoon.
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
Adult-to-child ratios
AT THE FAMILY TIER NORTH DAKOTA PUBLISHES NO PER-ADULT AGE RATIO. THIS IS A DELIBERATE DESIGN, NOT A GAP - AND THE RULE TEXT IS SHORT ENOUGH TO QUOTE ENTIRE. NDAC 75-03-08-09 ('Staffing requirements'), complete: "1. Staffing requirements are established by the number of children physically in care at the family child care at any given time, rather than total enrollment. 2. If a child with special needs is admitted to the program, the child's developmental age level must be used in determining the number of children for which care may be provided." That is the whole section. There is no infant-per-adult figure, no decimal weight, no maximum group size beyond the licensed head count. The control at the family tier is the capacity envelope itself (7 at any one time + 2 additional school-age children, NDCC 50-11.1-02(7)) combined with the licence-trigger arithmetic in NDCC 50-11.1-03(1) that limits a 6-or-7-child mix to no more than three children under twenty-four months. In effect, one adult may lawfully hold the whole licensed group. WHAT DOES CONSTRAIN THE ADULT, THEN. Four provisions, all in NDAC 75-03-08-08.1 ('Duties of the provider'): (1) CERTIFICATION - "A provider shall be currently certified: a.
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
Training you must complete before licensure
NORTH DAKOTA DOES NOT GATE THE FAMILY LICENCE ON A CLASSROOM-HOURS TOTAL. IT GATES IT ON TWO CURRENT CERTIFICATIONS, AND THEN GIVES YOU NINETY DAYS FOR THE COURSEWORK. WHAT MUST BE IN HAND BEFORE YOU OPERATE. NDAC 75-03-08-08.1(1): "A provider shall be currently certified: a. In infant and pediatric cardiopulmonary resuscitation and the use of an automated external defibrillator by the American heart association, American red cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department; and b. In pediatric first aid by a program approved by the department." This is doubled at the statutory level as a condition of issuance. NDCC 50-11.1-04(1)(g) makes the department's grant of a licence conditional on a showing that "[s]taff members have received training and are currently certified in infant and pediatric cardiopulmonary resuscitation, including the use of an automated external defibrillator by the American heart association, American red cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department, and are currently certified in first aid by a program approved by the department."
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
Ongoing (annual) training
NINE CLOCK HOURS A YEAR FOR THE FAMILY CHILD CARE PROVIDER, AND THE RULE NAMES WHAT ONE OF THEM MUST BE. NDAC 75-03-08-10(3), quoted in full: "Certify completion of a minimum of NINE HOURS of department-approved training related to child care ANNUALLY, INCLUDING ONE HOUR ON MANDATED REPORTER of suspected child abuse or neglect. The same training courses may be counted toward licensing annual requirements only if at least three years has passed since the last completion date of that training course, with the exception of safe sleep and mandated reporter annual training." Plus, if infants are served, NDAC 75-03-08-10(4): "Certify completion of one hour of department-approved safe sleep training prior to provider providing care to infants and annually thereafter." A family provider caring for infants therefore has a floor of nine hours of which one is mandated-reporter, and a separate recurring safe-sleep hour. 'ANNUAL' IS NOT THE CALENDAR YEAR. NDAC 75-03-08-03(1): "'Annual' is defined as the provider's licensing year." The clock runs from your licence date, not from January. THE THREE-YEAR ANTI-REPEAT RULE IS THE SLEEPER.
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
Background checks
NORTH DAKOTA RUNS TWO PARALLEL SCREENS ON A FAMILY CHILD CARE HOME, AND CONFLATING THEM IS HOW PEOPLE GET THE TIMING WRONG. Screen one is the FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK (BCI plus FBI). Screen two is the DEPARTMENT-APPROVED AUTHORIZATION FOR BACKGROUND CHECK FORM, which sweeps in the child abuse and neglect index and a wider registry set and reaches people the fingerprint rule does not. Different populations, different deadlines, different rule sections. SCREEN ONE - FINGERPRINTS. NDAC 75-03-08-27(5), quoted in full: "A provider shall submit an application for a fingerprint-based criminal history record check AT THE TIME OF APPLICATION and within five years from the date of initial approval and at least once every five years thereafter. The provider shall ensure that each staff member submits an application for a fingerprint-based criminal history record check UPON HIRE and within five years from the date of initial approval and at least once every five years thereafter. The department may excuse an individual from providing fingerprints if usable prints have not been obtained after two sets of prints have been submitted and rejected.
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
The application, step by step
Work through these in order — the prep packet turns them into a checklist you can tick off:
- STEP 0 - DECIDE WHICH TIER YOU ARE IN, BECAUSE THE ANSWER IS A HEAD COUNT, NOT A PREFERENCE. You need a FAMILY CHILD CARE licence the moment either statutory trip-wire in NDCC 50-11.1-03(1) fires: "A license for family child care is required if early childhood services are provided for four or more children ages twenty-four months and under, OR six or seven children through age eleven at any one time which includes no more than three children under twenty-four months of age." Below that you may take the voluntary SELF-DECLARATION route (NDCC 50-11.1-02(27): "up to five children through the age of eleven, of which no more than three may be under the age of twenty-four months"; NDAC ch.…
- STEP 1 - CHECK YOUR CITY BEFORE YOU CHECK THE STATE. There is no state pre-emption of municipal regulation of a home-based child care business. The Legislative Council memorandum notes that group capacity runs to thirty "depending on local ordinance," and the department's May 27, 2026 final report devotes a section to ordinances providers "identify as barriers to child care licensing... limiting the number of children or program types in certain zones, restricted parking, fire suppression, operation of a home-based business in residential zoning, special use fees and more." Recommendation 6 of that report is precisely that licensing specialists "encourage providers to work closely with…
- STEP 2 - CREATE YOUR ND EARLY CHILDHOOD HUB REGISTRY ACCOUNT AND START THE PROVIDER ORIENTATION SERIES. HHS routes new applicants through the ND Early Childhood Hub Registry account; the Child Care Licensing Toolkit is open to anyone "working on getting a North Dakota childcare license, or if you became licensed in the last 90 days" and runs three phases - "Get Ready!" (complete orientation and the health/safety checklist), "Get Set!" (work with a coordinator to prepare the space) and "Start Your Childcare!" (business toolkit support). The registry is the statutory workforce tracking system: NDCC 50-11.1-14 authorises "a professional registry, certificates, and specializations," and NDCC…
- STEP 3 - FILE THE APPLICATION WITH THE STATE - NOT WITH A COUNTY. NDAC 75-03-08-07(1): "An application for a license must be submitted to the department in which the family child care is located. Application must be made in the form and manner prescribed by the department." The words 'or its authorized agent' were struck from this subsection effective April 1, 2024; the county social service board no longer takes the application. In practice the 'form and manner prescribed' is the HHS Child Care Licensing (CCL) provider portal at https://childcarelicensing.nd.gov/, which HHS designates for new applications and annual renewals. Choose a one-year or two-year licence: NDCC 50-11.1-04(2) caps…
- STEP 4 - PAY THE FEE, AND MIND THE SIXTY-DAY WINDOW ON EVERY RENEWAL AFTERWARDS. NDCC 50-11.1-03(7)(a): "The owner of a family child care applying for a license shall pay an annual license fee of twenty dollars or if the license is issued for a two-year period, a fee of thirty-five dollars." The fee is nonrefundable and, by NDCC 50-11.1-03(10), "must be paid to the department." At renewal, NDCC 50-11.1-03(8) requires the fee and application "at least sixty days and no more than ninety days before the expiration date"; submit inside sixty days and "the applicant shall submit with the application TWO TIMES the nonrefundable fees." A silver lining added in 2025: NDCC 50-11.1-03(11) (SB 2107,…
- STEP 5 - RUN BOTH BACKGROUND SCREENS, FOR TWO DIFFERENT POPULATIONS, ON TWO DIFFERENT CLOCKS. (a) FINGERPRINTS - NDAC 75-03-08-27(5) requires the provider to submit a fingerprint-based criminal history record check application "at the time of application," each staff member "upon hire," and everyone again "within five years from the date of initial approval and at least once every five years thereafter." NDCC 50-11.1-06.2(1) extends the fingerprint population to emergency designees and to household members of the residence, and requires TWO sets of prints. Since November 3, 2025 the request is submitted through the ND Gateway Portal (ndgateway.nd.gov/gsp) with a ND Login account, and the…
- STEP 6 - GET AND KEEP THE TWO CERTIFICATIONS THAT GATE THE LICENCE. NDAC 75-03-08-08.1(1): the provider must be currently certified in infant AND pediatric CPR with AED use, and in pediatric first aid, both by department-approved programmes (American Heart Association, American Red Cross or similar). NDCC 50-11.1-04(1)(g) makes the same certifications a precondition of the department granting the licence at all. If you will serve infants, complete one hour of department-approved SAFE SLEEP training BEFORE the first infant arrives (NDAC 75-03-08-10(4); statutory mandate at NDCC 50-11.1-02.3), and complete the annual mandated-reporter module (NDCC 50-11-02.4, as printed).
- STEP 7 - COMPLETE THE BASIC CHILD CARE COURSE WITHIN NINETY DAYS OF LICENSURE. NDAC 75-03-08-10(2): "Certify completion of a department-approved basic child care course within ninety days of licensure." HHS identifies that course in its May 27, 2026 report as GETTING STARTED, "a 15-hour course which covers critical health and safety standards required by CCDF," spanning infectious disease prevention, safe sleep, medication administration, food allergy management, physical premises safety, abusive head trauma, emergency preparedness, hazardous materials and bio-contaminants, and child abuse reporting. Staff have the same ninety-day window from hire (75-03-08-12(3)), but must hold CPR/AED…
- STEP 8 - BRING THE HOUSE UP TO NDAC 75-03-08-14, BECAUSE THIS SECTION BLOCKS EVEN A PROVISIONAL LICENCE. NDAC 75-03-08-06(6): "The department may not issue a provisional license if the family child care is not in compliance with section 75-03-08-14." That section requires, among other things: at least 35 sq ft of qualifying indoor space per child and 75 sq ft of outdoor play space per child (the outdoor requirement waived if you provide 75 sq ft of separate indoor recreation space per child - and see NDCC 50-11.1-19); "one properly installed smoke detector located in each sleeping area used by the children, and one properly installed smoke detector and one fire extinguisher PER LEVEL";…
- STEP 9 - PASS THE FIRE INSPECTION, AND EXPECT IT AGAIN EVERY YEAR. NDAC 75-03-08-14(15): "The family child care must meet the local minimum fire and safety standards. The provider shall obtain a fire inspection PRIOR TO LICENSURE AND ANNUALLY THEREAFTER. Any inspection fees are the provider's responsibility. The provider shall have any code violations noted by the fire inspector corrected and shall file reports of the inspections and any corrections with the department." The department may demand further inspections at your cost "[i]f the fire, safety, health, or sanitation environment appears questionable." Separately, NDCC 50-11.1-07(2) lets the department call in the state fire marshal:…
- STEP 10 - WRITE THE POLICIES AND THE DISASTER PLAN BEFORE THE VISIT, NOT AFTER. NDAC 75-03-08-19(2) requires written policies covering how accidents and illnesses will be handled; developmentally appropriate discipline and guidance techniques; "[t]he process for a parent or staff member to report a complaint, a suspected licensing violation, or suspected child abuse or neglect"; hiring practices and personnel policies; telling parents they may request daily reports on eating, napping and diapering; "[p]rocedure for accountability when a child fails to arrive as expected"; and transportation procedures if you transport. NDAC 75-03-08-15(1) additionally requires a written transportation…
- STEP 11 - HOST THE LICENSING VISIT AND THE INVESTIGATION. NDCC 50-11.1-04(1): "The department shall investigate the applicant's activities and proposed standards of care and shall make an inspection of all premises to be used by the early childhood program applying for a license." The department's own policy guidance sets the expected duration of an on-site family child care licensing study at roughly two to two and a half hours (longer for a group licence). NDCC 50-11.1-07(1) preserves an open-ended right to "at any time investigate and inspect an early childhood program... and the conditions of their premises, the qualifications of current and prospective staff members."
- STEP 12 - RECEIVE THE DECISION WITHIN THIRTY DAYS. NDCC 50-11.1-04(1): "Except as otherwise provided, the department shall grant a license for the operation of an early childhood program within thirty days of receipt of a completed application and all supporting documents by the department" upon showings that the premises are fit and sanitary; staff are qualified; nothing in the application is fraudulent or untrue; neither the applicant nor anyone listed has had a licence or self-declaration denied or revoked in the prior twelve months (waivable by the department after considering child safety and licensing history); no applicant has three or more prior denials/revocations with the most…
- STEP 13 - IF ITEMS REMAIN OPEN, EXPECT A PROVISIONAL OR RESTRICTED LICENCE - AND UNDERSTAND WHAT YOU SIGN AWAY. NDAC 75-03-08-06 permits a provisional licence that must state the items of noncompliance and "[e]xpire at a set date, not to exceed six months from the date of issuance," exchangeable for an unrestricted licence bearing "an expiration date of one year from the date of issuance as the provisional license." The price: a written waiver of both the statement of charges and the ch. 28-32 administrative hearing (75-03-08-06(3)). You must "prominently display the provisional license and agreement" and "provide parents written notice that the family child care is operating on a…
- STEP 14 - AFTER OPENING: KEEP THE FILE, THE POSTINGS AND THE CLOCKS. Post the licence (NDAC 75-03-08-04(2)). Post emergency numbers at the working telephone (75-03-08-14(12)), the disaster plan (75-03-08-16(1)) and the daily or weekly menu (75-03-08-21(9)). Maintain per-child records under 75-03-08-22(2), including a health assessment "completed annually." Report to the department within twenty-four hours any death, hospitalisation-level accident or illness, injury requiring medical treatment, poisoning or medication error, emergency closure or relocation, and any fire or explosion (75-03-08-08.1(4)). Be present at least sixty percent of the time children are in care (75-03-08-08.1(5)). If…
What you must post on your walls
- THE CURRENT LICENCE, PROMINENTLY. NDAC 75-03-08-04(2): "The current license must be displayed prominently in the premises to which it applies." Failure to display is one of the violations carrying the 24-HOUR correction deadline under NDAC 75-03-08-29(1)(a), which lists section 75-03-08-04 by name - and a $25-per-day fiscal sanction is not available for it, but the 24-hour clock alone marks how seriously the department treats it. (For contrast, a self-declaration holder has the identical duty at NDAC 75-03-07.1-02(2).)
- A PROVISIONAL LICENCE PLUS ITS AGREEMENT, AND WRITTEN NOTICE TO EVERY PARENT. NDAC 75-03-08-06(7): "The provider shall prominently display the provisional license and agreement." NDAC 75-03-08-06(8): "The provider shall provide parents written notice that the family child care is operating on a provisional license and the basis for the provisional license." A provisional licence is by definition a licence issued to someone who "fails to, or is unable to, comply with all applicable standards and rules" and it must "State the items of noncompliance" (75-03-08-06(2)(a),(b)) - so the posting is a public statement of what is wrong.
- EMERGENCY TELEPHONE NUMBERS AT THE WORKING TELEPHONE. NDAC 75-03-08-14(12): "The provider shall ensure that the family child care has a working telephone in the location used for child care. The provider shall POST emergency numbers of parents and first responders." The telephone itself is a facility requirement, and 75-03-08-14 is the section that blocks issuance of even a provisional licence when unmet (75-03-08-06(6)).
- THE EMERGENCY EVACUATION AND DISASTER PLAN. NDAC 75-03-08-16(1): "Each provider shall establish and POST an emergency disaster plan for the safety of the children in care. Written disaster plans must be developed in cooperation with local emergency management agencies." The plan must include emergency procedures with emergency food, water and first-aid supplies; procedures for evacuation, relocation, shelter-in-place and lockdown; communications and reunification with families; continuity of operations; and accommodations for infants, toddlers, children with disabilities and children with chronic medical conditions. Drills are monthly: 75-03-08-16(2), "Fire and emergency evacuation drills…
- THE DAILY OR WEEKLY MENU. NDAC 75-03-08-21(9): "The provider shall POST a daily or weekly menu for meals and snacks." This posting is routinely omitted from third-party summaries of North Dakota family child care and is an easy citation on an unannounced visit.
- ANY CORRECTION ORDER, CONSPICUOUSLY, PLUS INDIVIDUAL PARENT NOTICE. NDAC 75-03-08-29(5): "Within ten business days of mailing or within three days of electronic transmission of the correction order, the provider shall notify the parents of each child receiving care at the family child care that a correction order has been issued. In addition to providing notice to the parent of each child, the provider also shall POST the correction order in a conspicuous location within the family child care UNTIL THE VIOLATION HAS BEEN CORRECTED OR FOR FIVE DAYS, WHICHEVER IS LONGER."
- A NOTICE OF LATE APPLICATION, IF YOU RENEW LATE. NDCC 50-11.1-04(5): "The department shall notify the licensee and operator that the licensee and operator are required to POST A NOTICE OF LATE APPLICATION at the early childhood program premises if the department has not received a completed application and all supporting documents for licensure or self-declaration renewal at least thirty days before the expiration date of the early childhood program's license." The parallel provision for self-declaration holders is NDCC 50-11.1-17(4). This is a statutory posting with no counterpart in NDAC ch. 75-03-08, so a reader working only from the rulebook will miss it entirely.
- NOT A POSTING BUT KEPT ON SITE AND OFTEN CONFUSED WITH ONE: a copy of the rules. NDAC 75-03-08-22(1): "A copy of this chapter must be kept on the premises and available to staff members at all times." Likewise the written daily routine must be "available to parents" (75-03-08-20(1)) and parents must have "unlimited access and opportunities to observe their children at any time their children are in care" (75-03-08-19(4)) - a transparency duty that expressly "does not prohibit a provider from locking the doors of the family child care while children are in care." And by NDCC 50-11.1-02.2, read with NDCC 23-12-09 and 23-12-10, smoking is prohibited on the premises where early childhood…
Enrollment forms for each child
- APPLICATION FOR A FAMILY CHILD CARE LICENCE - submitted 'in the form and manner prescribed by the department' (NDAC 75-03-08-07(1); NDCC 50-11.1-04(1): "An application for operation of an early childhood program must be made on forms provided, in the manner prescribed, by the department"). In 2026 the prescribed manner is the HHS Child Care Licensing (CCL) provider portal at https://childcarelicensing.nd.gov/, which HHS designates for new applications and annual renewals. The department's Early Childhood Services policy chapter historically identified the paper instrument as SFN 832, 'Application to Provide Early Childhood Services' - BUT that SFN number does not resolve on the state's…
- DEPARTMENT-APPROVED AUTHORIZATION FOR BACKGROUND CHECK FORM - required of "[e]ach applicant, provider, emergency designee, and staff member... no later than the first day of employment" (NDAC 75-03-08-28(2)) and of every "[h]ousehold member age twelve and older... at the time of application, relicensure, or upon obtaining residence at the location of the family child care" (NDAC 75-03-08-28(3)). The rule names the instrument only by description. The 2016-era policy chapter called it SFN 508 - that number is now occupied by an unrelated live form ('Service Authorization for Therapeutic Leave Days,' Medical Services Division, rev. 4-2026), so do not request 'SFN 508' from the licensing unit.…
- APPLICATION FOR A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK - NDAC 75-03-08-27(5) (provider at time of application; each staff member upon hire; everyone again within five years and at least every five years thereafter). NDCC 50-11.1-06.2(1)-(2) requires TWO sets of fingerprints taken by a law enforcement or other authorised local agency, with the agency asked "to submit the fingerprints and a completed fingerprint card for each set to the department." Appointments are booked through the CBCU system at one of eight HHS fingerprinting locations; bring a government-issued photo ID; no fingerprinting fee at state locations; the department may charge up to $30 to process the check (NDCC…
- SFN 517 - CHILD CARE EVACUATION AND DISASTER PLAN (Department of Health and Human Services, Early Childhood; live revision 4-2026, verified on the state eForms server). The form's own header states: "All licensed and self-declaration providers are required by administrative rule to develop emergency evacuation and disaster plans." It collects shelter-in-place and lock-down locations and the evacuation, relocation, communication and reunification content required by NDAC 75-03-08-16(1). The department's licensing checklist lists 'SFN 517, Child Care Evacuation Disaster Plan' among the items forwarded before a licence issues.
- SFN 845 - CHILD INFORMATION SHEET (HHS, Early Childhood; live revision 11-2024). Its header: "Every Early Childhood Program is required to have certain information on file. These requirements are set forth in the rules and regulations for Early Childhood Services as adopted by the North Dakota Department of Health and Human Services. All information requested herein is required and shall be kept confidential." It collects the child's name, enrolment date, date of birth, both parents' home/cell/work numbers, addresses, places of employment and emergency authorisation - i.e. the record content mandated by NDAC 75-03-08-22(2)(a)-(c).
- SFN 847 - PARENT'S STATEMENT ON HEALTH OF CHILD (HHS, Early Childhood; live revision 5-2026). Its header: "This form must be completed ANNUALLY by a parent or guardian of each child enrolled in child care." It captures medical provider information, preferred emergency hospital, chronic health conditions and allergies or intolerances. This is the instrument for NDAC 75-03-08-22(2)(e), which requires "[a] current health assessment or a health assessment statement completed by the parent, obtained at the time of initial enrollment of the child, that must indicate any special precautions for diet, medication, or activity. This assessment shall be completed annually."
- SFN 1426 - CHILD CARE RECORD (HHS, Early Childhood Services; live revision 4-2025). The attendance/enrolment roster, and it carries the capacity rule in print across the top: "Family and Group in a Home Providers: Include Provider's Own Children Under the Age of 12." Columns cover name/age/schedule (full-time, part-time, drop-in), date of birth, parent or guardian name, address and telephone, emergency contact person and number, and tick-boxes for Child Information Sheet, immunisation record on file, and Parent Statement on Health of Child - the exact record set required by NDAC 75-03-08-22(2).
- SFN 1041 - CHILD CARE DEATH REPORT (Early Childhood Services Division; still live on the state eForms server, revision 12-2020, bearing the pre-merger 'North Dakota Department of Human Services' letterhead). The reporting duty it serves is NDAC 75-03-08-08.1(4)(a): the provider shall report to the department within twenty-four hours "[a] death or serious accident or illness requiring hospitalization of a child while in the care of the family child care or attributable to care received in the family child care."
- STAFF ORIENTATION CERTIFICATION FORM - NDAC 75-03-08-12(8): orientation must occur "during the first week of employment" and "must be documented on an orientation certification form" covering emergency health, fire and safety procedures; handwashing and sanitation; special health or nutrition instructions; special needs of assigned children; the planned programme of activities; rules and policies; and child abuse and neglect reporting laws. The rule names the form by function; obtain the current version from your licensing specialist.
- IMMUNISATION VERIFICATION OR EXEMPTION DOCUMENT - NDAC 75-03-08-22(2)(d) requires "[v]erification that the child has received all immunizations appropriate for the child's age, as prescribed by the public health division of the department, or have on file a document citing that the child is medically exempt or exempt from immunizations based on religious, philosophical, or moral beliefs." The parallel operating duty is 75-03-08-21.1(1). The department's Early Childhood forms family historically used SFN 16038 'Certificate of Immunization' for this; confirm the current instrument with the licensing unit.
- WRITTEN AUTHORISATION FOR EMERGENCY MEDICAL CARE - NDAC 75-03-08-21.1(3): "The provider shall have a statement on file, signed by the child's parents, authorizing emergency medical care for each child"; duplicated as a records requirement at 75-03-08-22(2)(b).
- MEDICATION PERMISSION AND MEDICATION ADMINISTRATION RECORD - NDAC 75-03-08-21.1(6): written permission is required before any medication is given; prescription medication "must be accompanied by the medical provider's written instructions as to dosage and storage and labeled with the child's name and date"; and "[t]he provider shall keep a written record of the administration of medication, including over-the-counter medication, for each child. Records must include the date and time of each administration, the dosage, the name of the staff member administering the medication, and the name of the child. Completed medication records must be included in the child's record."
- WRITTEN PARENTAL CONSENTS AND RELEASES: a release-of-information form the programme must have available and signed before any information is released (NDAC 75-03-08-22(3)(c)); written parental consent for a child to leave the premises unsupervised, specifying "the activity, time the child is leaving and length of time the child will be gone, method of transportation, and parental responsibility for the child once the child leaves" (75-03-08-19(6)); written parental permission for aquatic activities "which includes parent disclosure of the child's swimming ability" (75-03-08-21.1(16)(b)); and written parental consent for employment of any staff member under age sixteen, with the arrangement…
- FIRE INSPECTION REPORT - NDAC 75-03-08-14(15) requires a fire inspection before licensure and annually thereafter, with the provider filing "reports of the inspections and any corrections with the department," and supplying either "[t]he fire inspector's written statement of compliance with the local fire code, if there is one; or... the fire inspector's written statement that the family child care has been inspected and that the inspector is satisfied that the family child care meets minimum fire and safety standards." Inspection fees are the provider's cost. The department's pre-licence checklist also lists a health/sanitation report, documentation of CPR and first aid cards, staff…
- REFUTATION REQUEST FORM - NDAC 75-03-08-29(8)(a): "A provider may refute a correction order by submitting a refutation request in writing ON THE FORM PROVIDED BY THE DEPARTMENT within five calendar days of receiving the correction order." The department must answer within five business days.
What's specific about getting licensed in North Dakota
North Dakota's real trap is the counting rule plus the tier thresholds, not a per-adult ratio. Under NDCC 50-11.1-02.1 every child present under age 12 counts toward your number — and your OWN children under 12 count too; only your own child, foster child, or grandchild OVER age 11 is exempt. The tier decision turns on a '24 months and under' threshold, which is a wider window than the 'under 12 months' most people picture — even though ND's rule actually defines 'infant' as under 12 months (NDAC 75-03-08-03(7)). Get the tier wrong — self-declaration (up to 5, no more than 3 under 24 months) vs. Family Child Care license (required at 4+ under-24-month children, or 6–7 total through age 11) — and you are either needlessly capped under a self-declaration or operating unlicensed at a $50/day civil penalty. Note the '3 under 24 months' number is the self-declaration cap and a trigger test — it is NOT a ceiling on a licensed home, which may lawfully serve 4+ under-24-month children (that is exactly what pushes you into needing the license).
Common mistakes when getting licensed in North Dakota
Your own kids count toward your number
Providers routinely assume their own children don't count. In ND they do if under 12 — every child present under age 12 counts (NDCC 50-11.1-02.1). Only the provider's own child, foster child, or grandchild aged 12+ is exempt. Under a self-declaration (max 5, no more than 3 under 24 months), two of the provider's own toddlers leave room for only one more under-24-month child before you must move up to a license.
The tier turns on 24 months, but 'infant' is defined as under 12 months
The number that flips you from self-declaration into a full license is '4 or more children aged 24 months and under' (NDCC 50-11.1-03(1)) — a wider window than the under-12-month 'infant' most people plan around, and wider than ND's own rule definition of 'infant' (younger than 12 months, NDAC 75-03-08-03(7)). Do not assume 'infant = under 12 months' when sizing your tier.
Household background checks up front — the form covers everyone 12+
Fingerprint-based BCI/FBI checks are due for the provider (at application) and every staff member (on hire), renewed at least every 5 years (NDAC 75-03-08-27(5)). Separately, every household member age 12 and older must complete a department-approved Authorization for Background Check form at application, relicensure, or on moving in (NDAC 75-03-08-28(3)). A live-in teen or adult roommate who skips that form stalls the whole application.
CPR/first aid must be current before you open — the class isn't
Infant/pediatric CPR-AED and pediatric first aid must already be current at licensure, while the department-approved basic child care course is allowed within 90 days after (NDAC 75-03-08-08.1, -10). Applicants often flip these and lose weeks waiting on a CPR class they could have scheduled first.
How long it takes and what it costs in North Dakota
Timeline: Plan roughly 1–3 months. The clock is driven by fingerprint/background-check turnaround, scheduling the fire/safety inspection and licensing home visit, and completing CPR/first aid and safe-sleep/mandated-reporter training before you open. The basic child care course can be finished in the first 90 days after licensure, so it need not delay opening. The department may issue a provisional license (expiring within 6 months) if only minor items remain (NDAC 75-03-08-06).
Cost: Family Child Care annual license fee is $20 (or $35 for a two-year license) per NDCC 50-11.1-03(7); renewing late (fees/application submitted less than 60 days before expiration) costs double (50-11.1-03(8)). Add fingerprint-based BCI/FBI background-check fees and the cost of CPR/first-aid certification — both vary; confirm current amounts with the ND Bureau of Criminal Investigation and DHHS Early Childhood Services. The department-approved basic child care course is offered through ND Growing Futures and is typically low- or no-cost. Operating without the required license carries a $50/day civil penalty (50-11.1-03(9)).
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Build my North Dakota packet →North Dakota home daycare licensing — FAQ
How many children can I care for in a North Dakota home daycare?
FAMILY CHILD CARE: SEVEN AT ANY ONE TIME, PLUS UP TO TWO ADDITIONAL SCHOOL-AGE CHILDREN - FUNCTIONAL CEILING NINE. NDCC 50-11.1-02(7), quoted in full: "'Family child care' means a private residence licensed to provide early childhood services for no more than seven children at any one time, except that the term includes a residence licensed to provide early childhood services to two additional school-age children." 'School-age children' at NDCC 50-11.1-02(26) means "children aged at least five years but less than twelve years of age." So the ninth child in a licensed family home must be at least five and not yet twelve. NDAC 75-03-08-09(1) then makes clear the count is instantaneous rather than cumulative: "Staffing requirements are established by the number of children physically in care at the family child care at any given time, rather than total enrollment." You may enrol more than…
What are the adult-to-child ratios for a home daycare in North Dakota?
AT THE FAMILY TIER NORTH DAKOTA PUBLISHES NO PER-ADULT AGE RATIO. THIS IS A DELIBERATE DESIGN, NOT A GAP - AND THE RULE TEXT IS SHORT ENOUGH TO QUOTE ENTIRE. NDAC 75-03-08-09 ('Staffing requirements'), complete: "1. Staffing requirements are established by the number of children physically in care at the family child care at any given time, rather than total enrollment. 2. If a child with special needs is admitted to the program, the child's developmental age level must be used in determining the number of children for which care may be provided." That is the whole section. There is no infant-per-adult figure, no decimal weight, no maximum group size beyond the licensed head count. The control at the family tier is the capacity envelope itself (7 at any one time + 2 additional school-age children, NDCC 50-11.1-02(7)) combined with the licence-trigger arithmetic in NDCC 50-11.1-03(1)…
What training do I need to run a home daycare in North Dakota?
Before you can be licensed: NORTH DAKOTA DOES NOT GATE THE FAMILY LICENCE ON A CLASSROOM-HOURS TOTAL. IT GATES IT ON TWO CURRENT CERTIFICATIONS, AND THEN GIVES YOU NINETY DAYS FOR THE COURSEWORK. WHAT MUST BE IN HAND BEFORE YOU OPERATE. NDAC 75-03-08-08.1(1): "A provider shall be currently certified: a. In infant and pediatric cardiopulmonary resuscitation and the use of an automated external defibrillator by the American heart association, American red cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department; and b. In pediatric first aid by a program approved by the department." This is doubled at the statutory level as a condition of issuance. NDCC 50-11.1-04(1)(g) makes the department's grant of a licence conditional on a showing that "[s]taff members have received training and are currently…
What background checks does North Dakota require?
NORTH DAKOTA RUNS TWO PARALLEL SCREENS ON A FAMILY CHILD CARE HOME, AND CONFLATING THEM IS HOW PEOPLE GET THE TIMING WRONG. Screen one is the FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK (BCI plus FBI). Screen two is the DEPARTMENT-APPROVED AUTHORIZATION FOR BACKGROUND CHECK FORM, which sweeps in the child abuse and neglect index and a wider registry set and reaches people the fingerprint rule does not. Different populations, different deadlines, different rule sections. SCREEN ONE - FINGERPRINTS. NDAC 75-03-08-27(5), quoted in full: "A provider shall submit an application for a fingerprint-based criminal history record check AT THE TIME OF APPLICATION and within five years from the date of initial approval and at least once every five years thereafter. The provider shall ensure that each staff member submits an application for a fingerprint-based criminal history record check…
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.
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Source: Sources officielles consultées pour North Dakota :
https://www.ndlegis.gov/information/acdata/pdf/75-03-08.pdf
https://www.ndlegis.gov/information/acdata/pdf/75-03-09.pdf
https://www.ndlegis.gov/information/acdata/pdf/75-03-07.pdf
https://www.ndlegis.gov/information/acdata/pdf/75-03-07.1.pdf
https://ndlegis.gov/cencode/t50c11-1.pdf
https://ndlegis.gov/prod/acdata/html/75-03.html
https://ndlegis.gov/assembly/69-2025/session-laws/bill-table.html
https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1119.html
Verified 2026-08-25. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.