Arkansas child care center license: OEC rules, steps and fees

Who licenses centers in Arkansas now

The Child Care Licensing Unit in the Office of Early Childhood (OEC), part of the Division of Elementary and Secondary Education, now enforces the Child Care Licensing Act for registered homes, licensed homes and licensed child care centers.⁠¹ You reach the unit at 501-682-8590 or [email protected]. OEC also posts an area telephone directory for its field licensing specialists.⁠¹

The paperwork still reflects the earlier agency. The center rules OEC links to, the Minimum Licensing Requirements for Child Care Centers (PUB-002, revised December 1, 2020), still name the DHS Division of Child Care and Early Childhood Education (DCCECE) as the licensing agency.⁠² OEC’s statute compilation, current through the 2025 regular session, uses the same name.⁠³ Where this guide quotes “the Division,” read it as OEC. Expect some older DHS forms and registry names to show up in the process.

Does your program need a center license?

The OEC licensing page defines licensed child care centers as facilities that “care for 6 or more children from more than 1 family.” It exempts programs operating less than 10 hours a week.⁠¹ The rules spell out the time test more precisely. A facility is a child care center if it is open more than 5 hours in any 24-hour period or more than 10 hours in any 7-day period. Programs that otherwise meet the definition but run no more than 3 weeks per calendar year, such as summer Bible schools and camps, do not have to comply.⁠²

Some details catch new operators:

• Everything on your site counts. All care at a licensed program’s site is part of the licensed program. That includes separate buildings on the same property and any other property under the same ownership. A Mother’s Day Out or other part-time program is exempt only if it serves children who are not in the licensed program and runs no more than 5 hours a day or 10 hours a week.⁠²
• Church-operated programs. A facility run by a church or group of churches and exempt from state income tax can ask for church-operated exempt (COE) status under Act 245 of 1983 instead of a license. It must show annual fire and health inspections and certify substantial compliance. OEC staff visit before deciding and reply within 60 days. The center rules state that all of their requirements also apply to COE facilities.⁠²
• School-age-only programs. A center that serves only school-age children is licensed as an Out of School Time facility under separate minimum licensing requirements.⁠¹
• Home-based care. Care in a residence is licensed differently. A licensed child care family home takes 6 to 16 children and needs health and fire approval only at 11 or more children.⁠¹ See the Arkansas licensed child care family home guide.

Running an unlicensed facility, or advertising child care that is not licensed, approved or exempt, is a Class C misdemeanor under Ark. Code Ann. § 20-78-208.⁠³ The licensing act also treats unlicensed operation as a Class A violation. That carries a civil penalty of $100 per violation, and each day counts separately.⁠³

Local approvals come first

OEC does not inspect your building for code compliance itself. It recommends a license in coordination with the state and local health departments, the fire department, the city planning or zoning office, and the Boiler Division of the Department of Labor. The rules tell anyone considering a center to contact these offices “immediately.” Their codes or covenants “may prevent the operation of a child care facility at a particular location, may limit the number of children in care, or may impose additional safety requirements.”⁠² Settle these questions before you sign a lease.

• Fire. Centers must meet the Arkansas Fire Prevention Code as administered by the local fire department or the State Fire Marshal, who has final authority. You need written annual approval on file. The rules warn that fire codes may bar children in first grade and younger from basements or upper floors unless there is a ground-level exit.⁠²
• Health. You need written annual Arkansas Department of Health approval.⁠² OEC’s application guide says this approval is needed if you plan to prepare and serve meals.⁠⁴ The water supply must also be ADH-approved.⁠²
• Boiler and water heater. Every water heater and boiler must be inspected at installation and every year by the Department of Labor (Ark. Code § 20-23-101 et seq.). At application you only need proof that the inspection is scheduled. The inspection, or proof that you tried to set it up, must be done within 6 months of licensure.⁠²
• Zoning. Centers are “subject to city zoning,” and you submit zoning approval with the application where it applies.⁠¹⁠⁴
• Alternative compliance does not reach these rules. OEC can approve an alternative way to meet its own standards. It will not consider requests for Health Department, fire marshal or city ordinance requirements, including zoning.⁠²

Buildings you cannot use, and space you need

Arkansas bars four kinds of structures from use as child care centers:⁠²

• manufactured homes built before June 1976
• manufactured homes with metal roofs and outside walls
• single-wide manufactured homes
• portable storage-type buildings

A double-wide manufactured home may be considered if it is tied down to the manufacturer’s specifications. A new applicant must pay for an inspection by the Arkansas Manufactured Home Commission. Portable classroom buildings installed after November 1, 2002 need fire department approval before you buy and install them.⁠²

Classroom storage that children can reach counts as usable space. Closets and storage for equipment not in use do not.⁠² The application includes a building diagram. For the playground, you submit a diagram or satellite photo (such as Google Maps) showing the perimeter with measurements and every piece of equipment. Later changes to the play area need written approval before use.⁠² Newly bought climbing and play equipment must be commercially made and certified to ASTM or CPSC public-playground standards. Equipment in place before January 1, 2014 may stay if it meets the other rules.⁠² The rules do not require equipment at all: sandboxes, ground-level activity walls and nature walks are acceptable.⁠²

Other building rules include lead-free paint, guards on heaters and fans, no portable fuel-fired heaters, and carbon monoxide detectors wherever fuel-burning heat is used. Infant and toddler rooms must be separate from older children’s activity areas.⁠²

Insurance and the startup budget

Arkansas requires child care liability insurance (Act 778 of 2009). You verify coverage to your licensing specialist before the application is approved. If you cannot get coverage before applying, you must show proof before you care for any children.⁠²

State institutions, political subdivisions and other entities immune from liability under § 21-9-301 are exempt.⁠²

New center applicants also submit a one-time “reasonable plan with a proposed budget.” It must cover staffing, the building (rent or mortgage and repairs), utilities, equipment, safety and nutrition.⁠² This requirement applies to centers only, not homes.⁠⁴

Choosing a director

Someone must be named as director, assistant director or site supervisor and be responsible for daily operations and licensing compliance. The application lists the proposed director and their qualifications.⁠² Under section 302, a director must be at least 21 and meet one of these education paths:⁠²

1. Bachelor’s or higher in early childhood, child development or a related field

   from a regionally accredited school. OEC decides what counts as “related.”

2. Bachelor’s in an unrelated field plus

   four years of early childhood experience, a Child Development Associate (CDA) credential, or a Birth-Pre-K credential.

3. Associate degree in early childhood, child development or a related field plus

   six years of early childhood experience.

4. Eight years of early childhood experience

   , plus a CDA, Birth-Pre-K credential, director’s credential or equivalent, or a technical certificate in early childhood education, completed within two years of employment.

A person who meets director qualifications must be at each licensed site for at least 50% of the primary operational day. When the director and assistant director are both away, a person in charge aged 21 or older must be there. New directors attend New Directors Orientation plus Program Administration Scale (PAS) and Environment Rating Scale (ERS) training within 6 months. Directors complete 15 clock hours of early childhood training every year. You must tell the Licensing Unit within 5 calendar days when the director changes.⁠²

A person on the DHS Exclusion List (Policy 1088) cannot be an owner, board member, director, assistant director or person in charge.⁠² Act 828 of 2021 adds a disclosure duty. If an owner, operator, lessee or administrator is married to a Level 2 (publicly disclosed), Level 3 or Level 4 sex offender, they must tell the parents or guardians of enrolled children, in writing or by email, that the owner is married to a sex offender and that the offender will not be on the premises while children are present.⁠⁶⁠⁵

Ratios, group size and supervision

Children aged 30 to 36 months may be placed in whichever group suits their development. Group size is capped at twice the one-staff ratio for any structure licensed on or after November 1, 2002.⁠² Mixed groups follow the ratio for the youngest child. Infants and toddlers may not be mixed with preschoolers, with one exception. When 8 or fewer children are in care at the site, one adult may have 6 children with no more than 3 under age 2, 7 with no more than 2, or 8 with no more than 1.⁠²

Other supervision rules that licensing staff check closely:⁠²⁠⁵

• At nap time for children 2½ and older, at least 50% of staff stay with the children and 75% stay in the building.
• Staff may not use cell phones while supervising children except in an emergency.
• You must have extra staff to cover breaks, meal preparation and transportation. Children are never left unattended.
• At least one adult certified in infant and child CPR must be on the premises during business hours (Ark. Code § 20-78-210(e)).⁠³

Background checks before anyone starts

Arkansas requires three checks for owners, operators, staff, and volunteers or board members who have routine contact with children:⁠²

• Child Maltreatment Central Registry check: at application or before employment, then every 2 years.
• Arkansas State Police fingerprint check, which includes the state sex offender registry: at application, then every 5 years.
• FBI fingerprint check through the State Police Identification Bureau: at application, then every 5 years. The individual pays for the nationwide check.

New hires cannot start work until the State Police result comes back satisfactory. Until every check is complete, they must be supervised at all times by someone who has cleared all checks. A National Sex Offender Registry check is also run. Anyone who lived outside Arkansas in the past 5 years is also checked in those states under federal rules.⁠² You show at application that the checks have been started for all owners, operators and staff.⁠² OEC links to a DHS online request form for criminal background checks.⁠¹

The rules bar anyone from owning, operating or working in a center who has pleaded guilty to or been found guilty of a listed offense, in Arkansas, another state or federal court. The permanent list includes capital and first- and second-degree murder, rape, kidnapping, arson and first- and second-degree sexual assault. A longer list, including assault offenses, can be cleared only after 5 years for a misdemeanor or more than 10 years for a felony without any other conviction. Records count even if expunged, pardoned or sealed. A handful of nonviolent offenses, such as forgery and theft by receiving, need a written waiver from OEC before hire.⁠²

Training your staff must complete

Staff members must be 18 or older. Sixteen- and seventeen-year-olds may work only under direct adult supervision, never alone with children or with disciplinary control, and only if enrolled in high school or a GED program. Staff who work directly with children need a high school diploma or GED.⁠²

Under section 306, every director and direct-care staff member must:⁠²

• register with the Professional Development Registry within 30 days of hire
• serve a probationary period of 30 days to 6 months
• get a basic orientation on policies, the licensing rules, schedules and emergency procedures before providing care
• complete an 8-clock-hour introduction within 3 months of hire and every 3 years after, and not be left alone with children until it is done. Topics include safe sleep, shaken baby syndrome prevention (Carter’s Law), mandated reporting, medication, car seat safety, allergies and hazardous materials.
• complete 15 hours of job-specific training each year for the age group they work with

The director, the assistant director or site supervisor, and 50% of staff on site at any time need first aid and CPR certificates. If you serve infants and toddlers, this must include infant and child CPR. Courses must follow American Heart Association or Red Cross guidelines and include hands-on skills testing. Online-only certification is not accepted.⁠²

Applying through the OEC portal, step by step

1. Call the licensing office

   Call 501-682-8590. OEC gives you your area licensing specialist and tells you how to schedule the required Pre-Licensing Class.⁠⁴

2. Attend Pre-Licensing Training

   The class covers the rules, background checks, financial and liability issues, fire, health and zoning approvals, the School Readiness Assistance program, the USDA nutrition program and Better Beginnings, Arkansas’ quality rating system.⁠⁴

3. Work with your specialist before applying

   The specialist offers to review plans and blueprints, visit proposed sites, and explain how to get zoning, fire and health approvals.⁠⁴ A pre-approval consultation meeting is mandatory. It is offered before you apply or within 30 days after OEC receives your application.⁠²

4. Submit online within 60 days of opening

   File the signed application in the OEC licensing portal when you are within 60 days of your planned opening date. Include ownership information, IRS documents, Secretary of State information and board members.⁠⁴ The rules also require a named person who takes legal responsibility, the director’s qualifications, board duties, a building diagram, a description of services, and the approvals and budget described above.⁠²

5. Fill any gaps within 7 days

   The specialist contacts you within two business days. If documents are missing, the application comes back and you have 7 days to complete it, or it is withdrawn. If you cannot meet the requirements within the 60-day processing window, you will be asked to withdraw and reapply when ready.⁠⁴

6. Pass the walk-through

   The specialist walks through the building and grounds to check for hazards and confirms any transportation requirements are met.⁠⁴

7. Pay the fee and get the license

   After the licensing recommendation, OEC sends a Notice of License Fee Due through the provider portal. The fee can only be paid online. No license issues until it is paid.⁠²⁠⁴

The statute requires OEC to act on an application within 60 days of receiving it.⁠³ Within 30 days of licensure, you must file your floor plan, fire-department-approved escape routes and room capacities with the local Office of Emergency Management (Ark. Code § 20-78-228).⁠²

Fees, as published

As published on 2026-10-12, section 104 of the center rules sets the annual license fee by the combined maximum capacity of all licenses on the same premises:⁠²

The rule and OEC’s application guide both list 17 in two tiers. Ask your specialist which fee applies at exactly 17.⁠²⁠⁴ A year’s fee is due before the new provisional license issues. Another fee is due when you convert to a regular license.⁠² If you miss the first notice, a past-due notice follows 20 days later. If you still have not paid 20 days after that, OEC moves to suspend the license.⁠² Fees are refunded only if the license is not approved. Nothing is refunded for voluntary closure, suspension or revocation.⁠² The individual pays for the FBI fingerprint check, with a check or money order made out to the Arkansas State Police.⁠² Neither the rules nor OEC’s pages state the State Police or FBI fingerprint fee, so ask your licensing specialist or the State Police Identification Bureau for the amount before you schedule staff fingerprinting.

Your first year: provisional, then regular

Every newly opened center gets a New Provisional License of no more than 12 months. A center bought by new owners whose compliance history is unknown gets one too. At the end, OEC may issue a regular license, revoke or suspend the license, or issue another provisional license.⁠² A regular license requires “substantial compliance.” That means meeting the essential standards on fire, health, safety, nutrition, discipline, ratios and space.⁠² Under the statute, a regular license stays in effect until it is revoked or suspended. There is no fixed expiration date, but the fee and the fire, health and boiler approvals are annual.⁠³⁠²

The license covers only the address and operator named on it. If you move or change operators, the license closes automatically, so plan a new application for any relocation or sale.⁠²

Inspections, violations and penalties

Licensing staff make scheduled and unscheduled visits and must be given access to every room, including ones children do not use. Video from a continuous monitoring system must be shown on request. Children may be interviewed without parental notice, and you must tell parents this in writing at enrollment.⁠² Violations threatening children’s health or safety must be fixed within 24 hours. Administrative violations are fixed on a timeline agreed with the specialist.⁠²

A full-year center with a regular license is routinely monitored at least three times a year, once per trimester. A summer-only program is monitored once, and new provisional programs are visited more often. Centers at Better Beginnings Levels 3-6 with a clean record may be monitored once less.⁠⁵ OEC’s Licensing 101 sheet names six critical areas. Failures there can lead to a corrective action plan or adverse action:⁠⁵

• background checks
• ratios and supervision
• behavior guidance (no physical punishment, time-out no more than 1 minute per year of age)
• building and grounds
• infant and toddler care (no microwave-heated bottles, no propped bottles)
• transportation

The statute sets civil penalties of $100 per Class A violation (essential standards) and $50 per Class B violation (administrative standards). Each day counts as a separate violation, with monthly caps of $500 and $250. Once violations are final, a notice must be posted where staff and visitors can see it.⁠³ Fines require notice and a hearing before the Child Care Appeal Review Panel.⁠³ Suspension lasts at most 12 months. After a revocation, neither the licensee nor related parties may reapply for at least one year.⁠² A center that has not served children for a year is closed unless you ask in writing to keep the license.⁠²

Ongoing operating rules to plan for

• Emergency plan and drills. Keep a written emergency plan covering relocation, parent notification, reunification and children with special needs. Coordinate with local emergency management. Keep the state’s Comprehensive Emergency Management Plan on site, signed by the director. Run fire and tornado drills monthly, on different days and at different times.⁠²
• Kindergarten readiness. Give parents of 3- and 4-year-olds the Department of Education’s Kindergarten Readiness calendar or checklist and keep their signed receipt (Act 825 of 2003).⁠²
• Reporting. Owners and staff are mandated reporters. Post the Child Maltreatment Hotline (1-800-482-5964) and the licensing office number.⁠²

Subsidy, food program and quality rating

OEC’s licensing page says licensed centers can take part in state and federally funded programs.⁠¹ OEC’s application guide brings up three of them during pre-licensing: the School Readiness Assistance program (OEC’s child care assistance program), the USDA nutrition program run by OEC’s Health and Nutrition Unit, and Better Beginnings, the state’s quality rating and improvement system. Your licensing specialist gives you information on joining the first two.⁠⁴ The director orientation, PAS and ERS training required in your first 6 months is delivered through that quality rating system.⁠²

Pending changes

The LEARNS Act told OEC to “reduce any burdensome, unnecessary rules for the licensing of childcare facilities.” OEC has posted a contractor presentation describing that work. It planned rewritten licensing regulations for registered homes, licensed homes and centers, plus a revised licensing process, with deliverables due by the end of February 2025.⁠⁷ As of 2026-10-12, the center rules OEC links to are still PUB-002 (revised December 1, 2020), and no proposed replacement was found on OEC’s pages.⁠¹⁠² Under the statute, OEC must notify licensees at least 60 days before any rule amendment takes effect.⁠³ The OEC pages do not say whether a revised center rule has been formally proposed. Ask your licensing specialist which edition applies on your application date.

Sources

1. 1
   Arkansas Department of Education, Office of Early Childhood, Child Care Licensing Checked 12 Oct 2026 · Back to text ↑
2. 2
   Arkansas Office of Early Childhood (originally DHS Division of Child Care and Early Childhood Education), Minimum Licensing Requirements for Child Care Centers (PUB-002, rev. 12/01/2020) Checked 12 Oct 2026 · Back to text ↑
3. 3
   Arkansas Office of Early Childhood (statute compilation), Childcare Facility Licensing Act, Ark. Code Ann. §§ 20-78-201 to 20-78-230 Checked 12 Oct 2026 · Back to text ↑
4. 4
   Arkansas Office of Early Childhood, Application for Licensure as a Child Care Provider (step-by-step guide) Checked 12 Oct 2026 · Back to text ↑
5. 5
   Arkansas Office of Early Childhood, Licensing 101: Six Critical Areas of Compliance Checked 12 Oct 2026 · Back to text ↑
6. 6
   Arkansas General Assembly, Act 828 of 2021 (HB 1098), notice when a sex offender is on the premises of a childcare facility Checked 12 Oct 2026 · Back to text ↑
7. 7
   Arkansas Office of Early Childhood (contractor presentation), Arkansas Child Care Licensing Regulations + Process Revisions Checked 12 Oct 2026 · Back to text ↑

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