Opening a licensed child care family home in Arkansas

Where the license line falls in Arkansas

Arkansas’s Childcare Facility Licensing Act covers any facility that cares for an unrelated minor child, whether or not you make a profit or charge for the care.⁠⁶ The Act then excludes “any situation, arrangement, or agreement by which one (1) or more persons care for fewer than six (6) children from more than one (1) family at the same time.”⁠⁶ The family home rule turns that into the licensing trigger: “A home requires licensing when one (1) or more persons care for six (6) or more children, from more than one (1) family at the same time,” and a Child Care Family Home license covers a maximum of 16 children.⁠²⁠³

How you count matters more than the headline number:

• Your own preschoolers count. The rule counts your own preschool children when deciding whether you need a license. Your own school-age children are not counted.⁠²
• Unpaid children count. Other children in your home without a parent present count whether or not you are paid for them.⁠²
• “At the same time” is the test. The threshold is about how many children are in care at once, and they must come from more than one family.⁠²⁠⁶

That gives Arkansas three home-based tiers to choose from:

Scroll the table sideways to see every column.

Sources: the registered home rule⁠⁵, the licensed home rule⁠², OEC’s licensing page⁠¹ and OEC’s step-by-step guide⁠⁷.

There is one gap in the published wording. The registered home rule defines registration as care for “five (5) or less children,” but OEC’s web page says registered homes care for “fewer than 5.”⁠⁵⁠¹ If you plan to care for exactly five children, ask your licensing specialist which document OEC applies. The registered home rule has three variants: a home in your own residence, a relative home (grandparent, great-grandparent, aunt, uncle or sibling living outside the home), and an in-home provider who works in the family’s own home.⁠⁵ For anything above 16 children or outside a family residence, see the Arkansas child care center license guide.

The agency: OEC at the Department of Education

Child care licensing in Arkansas is now run by the Office of Early Childhood within the Arkansas Department of Education. The Code of Arkansas Rules says the Act “designates the Office of Early Childhood of the Department of Education as the administrative agency.”⁠¹² Many documents still use the older name. The PDF of the family home rule (PUB-001, Rev. 12/01/2020) still refers to the Division of Child Care and Early Childhood Education (DCCECE) under the Department of Human Services. So does the text of Ark. Code 20-78-208.⁠²⁠⁶ The official version of the rule is now 20 CAR Part 1026, which codifies the same Rev. 12/01/2020 rule and uses “Office of Early Childhood” in place of the Division.⁠³

OEC’s Child Care Licensing line is 501-682-8590, and its email is [email protected]. OEC also publishes a Child Care Licensing Area Telephone Directory listing the specialist for each area.⁠¹ Applications go through OEC’s online licensing portal, which is linked from the licensing page.⁠¹⁠⁷

Who can hold the license

The license is personal and tied to one address:

• An individual may hold only one license, for one location. Only one license can be issued per home or structure. A duplex is the exception: two separate applicants can each be licensed there.⁠²
• The license holder is the primary caregiver. At least one license holder must be present whenever children are in care, and must not be otherwise employed during care hours.⁠²
• The primary caregiver must be at least 21. A secondary caregiver must be at least 18.⁠²
• Primary caregivers licensed after November 1, 2002, and all secondary caregivers, need a high school diploma or GED.⁠²
• If a qualified secondary caregiver is present, the primary caregiver may be away for business reasons such as required training, or for brief personal absences. Ratios must still be met.⁠²
• Anyone on the DHS Exclusion List (Policy 1088), and related parties, cannot be an owner or person in charge.⁠²
• If you move or ownership changes, you must notify your specialist, and OEC conducts a new study. The license applies only to the address where it was issued.⁠²

Act 828 of 2021, effective July 28, 2021, added a disclosure duty. If an owner, operator, lessee or administrator of a child care facility is married to a Level 2, 3 or 4 sex offender, they must notify each child’s parent or guardian in writing or by email. The notice must state that the marriage exists and that the offender will not be on the premises while children are present.⁠⁹⁠¹ OEC’s Licensing 101 guide lists this notice under regulatory checks.⁠⁸

Background checks cover your household

Arkansas checks your household as well as you and your staff. Ages and repeat cycles differ by type of check:

Source: Minimum Licensing Requirements, sections 108 and 109.⁠²

You pay for the nationwide check yourself.⁠² If you or a household member lived outside Arkansas in the past five years, maltreatment checks are also run in those states.⁠²

The rule lists offenses that permanently bar a person from being an owner, operator, employee, household member or routine volunteer, including capital murder, kidnapping, rape and arson. Pardons, expungement and sealing do not lift the bar. A second list bars a person unless enough time has passed with no other convictions: 5 years for a misdemeanor and 10 years for a felony. For a short list of lesser offenses, a waiver is possible once probation is finished and all fines are paid.⁠² Before you apply, check the full lists in section 109 of the rule against everyone who lives in your home. An adult child or partner with a disqualifying record can block the license even if they never care for children.

Ratios: the under-2 limits

Section 301 sets ratios by the number of adult caregivers, the total number of children and how many are under age 2. Your own preschool children count in the ratio. Your own school-age children do not.⁠²

In both the PDF and the Code of Arkansas Rules text, the caregiver-count cell for the last block (section 301.3) is blank. It follows the “Two” block and allows more children under 2, so it appears to be a higher-staffing tier, but the rule never states how many caregivers it requires.⁠²⁠³ Ask your licensing specialist in writing how many caregivers you need before you plan for five children under 2.

The table shows a real tradeoff. A home with one caregiver and 9 or 10 children can take no children under 2, and possibly no 2-year-olds. Infants push you toward a second caregiver much sooner than the total head count does. A home that specializes in infant care must keep a 1:3 ratio and must have fire department approval at any size.⁠²

There is one before- and after-school allowance. A licensed home may care for two school-age children for up to three hours a day, before or after school, without counting them in the ratio. They may also stay all day on an emergency school closing day. Once attendance goes above 10, though, you need fire approval.⁠²

A home with only one caregiver may provide no more than two shifts (18 hours) in any 24 hours. Any care after midnight counts as night care under section 404.⁠²

The 11-child line: fire and health approvals

OEC’s licensing page sums up the local approvals: “Health and fire department approvals are required if care is provided to 11 or more children. City zoning approval is required where applicable.”⁠¹ The rule is more specific:

• Fire. A home caring for 11 or more children at any time must show an approved annual fire department inspection. That count includes school-age children who are not counted in the ratio.⁠² Infant-specialty homes and all manufactured homes need fire approval at any capacity, and manufactured homes need it every year.⁠²
• Health. A health department food service inspection is mandatory for homes licensed for 11 or more children.⁠²
• Zoning. New applicants, and existing homes asking to raise capacity, must provide zoning approval where it applies. OEC shares the location and status of licensed homes and applications with any city or county that asks. The rule recommends checking city or county ordinances and neighborhood covenants, because they can bar a home daycare or limit how many children you take.⁠²
• Boiler and water heater. All water heaters and boilers must be inspected by the Department of Labor’s Boiler Inspection Division when installed and every year after. You need the initial inspection, or proof that you tried to schedule it, within six months of licensure. Your application must include the inspection or proof that it has been scheduled.⁠²
• Manufactured homes. These must be tied down and underpinned, and must be inspected and approved by the Arkansas Manufactured Home Commission before licensing.⁠²

You can ask OEC for alternative compliance with most of the rule, in writing, one standard per request. OEC will not consider requests on requirements enforced by the Department of Health or by a local or state fire marshal.⁠²

Preparing the house

The physical standards in sections 801, 901 and 1202 shape which homes can work:

• Indoor space: at least 35 square feet of usable space per child. Kitchens, bathrooms, hallways and closets do not count.⁠²
• Outdoor space: a fenced or enclosed play area with at least 75 square feet for each child outside at one time, an outside exit from the play area and good drainage. You submit a measured diagram of the play area, or a satellite photo where possible, showing each piece of equipment.⁠²
• Levels: the Arkansas Fire Prevention Code does not allow children in first grade or younger to use a basement or upper floor unless it has a ground-level exit. The rule also says the fire code does not allow wood paneling in family homes.⁠²
• Exits: at least two exits to the outside, on different sides of the home, plus a second exit on every level children use.⁠²
• Smoke detectors: hardwired and interconnected, so that when one sounds, all sound. Homes licensed before January 1, 2014 are exempt unless their capacity or ownership changes.⁠²
• Fire extinguisher: a 5-pound ABC extinguisher in the kitchen, either inspected and tagged each year or replaced with a new one each year (keep the receipt).⁠²
• Carbon monoxide detectors: required if you heat with wood, propane, natural gas or another fuel that can produce carbon monoxide, or where state or local law requires them.⁠²
• Pools and water: tanks, ponds, pools, open wells and ditches inside the play area must be fenced. Children in care may not use a home swimming pool unless OEC approves alternative compliance, which requires written Arkansas Department of Health approval. The rule warns that approval for an existing pool “is usually not possible.” Wading pools are banned.⁠²
• Weapons and smoking: guns must be unloaded and locked up with other weapons and ammunition. Smoking, including e-cigarettes, is banned in the home at all times, including nights and weekends, and in any vehicle used to transport children.⁠²
• Phone: a working phone must be on site during care hours. A cell phone is acceptable if it stays at the home and its number is the one given to OEC and parents.⁠²

Training before and after opening

Every caregiver who works directly with children needs 15 hours of approved training each year. Hours count by calendar year.⁠² Caregivers and any volunteers counted in the ratio must finish an 8-hour orientation within three months of starting, and repeat it every three years. They may not be left alone with children until it is done. The orientation covers supervision, safe sleep, shaken baby syndrome prevention, mandated reporting, medication, emergency procedures, transportation safety and other topics.⁠²

At least one caregiver with current first aid and CPR certification must be on site at all times. If you care for infants or toddlers, the course must include infant and child CPR. Courses taken only online are not accepted.⁠² Within six months of being licensed, a new licensee must also complete Family Child Care Provider Training and Business Administration Scale (BAS) training, or an equivalent approved tool in the state’s quality rating system.⁠² You must notify the Licensing Unit within five calendar days of any change in your secondary caregivers.⁠²

Applying: the order OEC follows

1. Call the Licensing Unit

   Call 501-682-8590. OEC gives you your area specialist’s contact details and tells you how to schedule the required Pre-Licensing Class.⁠⁷

2. Attend the Pre-Licensing Training

   It covers the rule, background checks, liability, fire, health and zoning approvals, the School Readiness Assistance Program, the USDA nutrition program and Better Beginnings.⁠⁷

3. Meet your licensing specialist

   The rule requires a pre-approval consultation meeting. It is offered before you apply or within 30 days after OEC receives your application.⁠² The specialist can also visit your site and explain how to get zoning, fire and health approvals.⁠⁷

4. Line up local approvals and insurance

   Get zoning approval if your city requires it, fire and health approvals if you plan for 11 or more children, and a boiler inspection or proof it has been scheduled. You also need child care liability insurance of at least $100,000 per occurrence. You can submit proof of insurance after you apply, but you must have it before you care for children.⁠²

5. Submit online within 60 days of opening

   Submit a complete, signed application through the portal when you are within 60 days of your planned opening date.⁠⁷ It must include a diagram of the home, start of all background checks, and the names of every caregiver.⁠² The assigned specialist contacts you within two business days.⁠⁷

6. Fix gaps quickly

   If documents are missing, the specialist returns the application and you have 7 days to supply them, or the application is withdrawn. OEC processes applications within 60 days. If you cannot meet the requirements in that time, OEC will ask you to withdraw and reapply when ready.⁠⁷

7. Walk-through and recommendation

   The specialist inspects the home and grounds, and checks transportation requirements if you will transport children. They then recommend a license to OEC.⁠⁷⁠²

8. Pay the fee

   OEC sends a Notice of License Fee Due through the provider portal. The fee can only be paid online, and no license is issued until it is paid.⁠⁷⁠²

Fees, as published on 2026-10-12

Sources: 20 CAR § 1026-104⁠⁴ and OEC’s step-by-step guide⁠⁷.

If you do not pay, OEC sends a past-due notice 20 days after the first notice. If you still have not paid within 20 days of receiving the past-due notice, OEC moves to suspend the license until you pay. Fees are refunded only if OEC does not approve the license. There is no refund after a suspension, revocation or closure.⁠² Separately, the rule makes each person pay for their own FBI fingerprint check.⁠² OEC does not publish a figure for that check in these documents.

Provisional, regular and probationary licenses

A new home usually starts on a new provisional license lasting no more than 12 months. The specialist has 60 days to recommend it, and you get a written list of deficiencies when it is issued.⁠² A regular license follows once you show substantial compliance. “Substantial compliance” means meeting the essential standards on fire, health, safety, nutrition, behavior guidance, ratios and space.⁠² A probationary provisional license, with a corrective action plan, is used when a home stops maintaining substantial compliance.⁠²

There is no expiration date to renew against. The license remains in effect “as long as compliance is maintained,” but you pay the $15 fee each year and keep annual inspections current.⁠² OEC’s Licensing 101 guide says programs open year-round with a regular license are monitored at least three times a year, once in each period (January-April, May-August, September-December). New provisional programs are visited more often.⁠⁸ Licensing staff may visit without notice. They can view every room in the home, not just the child care space, and can interview children without notifying parents.⁠² If you provide no care for one year, your license is closed unless you ask in writing to keep it open.⁠²

Keep records on site for three years, including attendance with daily parent signatures, fire, health, zoning, boiler and insurance verifications, emergency drill records, and the licensing compliance forms (DCC-521).⁠²

Penalties and appeals

Operating a childcare facility that should be licensed but is not is a Class C misdemeanor. It is also illegal to advertise child care that is not licensed, approved or exempt.⁠⁶ Unlicensed operation also counts as a Class A violation, with a civil penalty of $100 per violation. Each day is a separate violation, and Class A penalties are capped at $500 in any one month. The Act also allows a criminal fine of $25 to $100 per violation, with each day a separate offense.⁠⁶

A revoked licensee cannot reapply for at least one year. The same bar applies to related parties, which the rule defines broadly to include immediate family and affiliated entities.⁠² To appeal an adverse action (denial, suspension, revocation or conversion to provisional), you must mail a written request within 10 calendar days. For other actions, such as founded complaints or cited violations, the deadline is 20 calendar days. Unresolved appeals go to the Child Care Appeal Review Panel, and the panel’s decision can be appealed to circuit court.⁠²⁠⁶

Getting paid through vouchers and quality ratings

Arkansas pays for subsidized child care through the federal Child Care and Development Fund (CCDF). OEC sends payments directly to the provider through its CC Billing Portal.⁠¹⁰ To become a CCDF voucher provider, OEC’s April 2024 FAQ says you “must be a licensed provider and Better Beginnings Level two (2) or higher.” You apply at 1-800-445-3316.⁠¹⁰ The 08/21/2024 participant agreement repeats that each facility must be certified in Better Beginnings at Level 2 or higher before the agreement is approved. It also requires incorporated participants to be registered with the Secretary of State.⁠¹¹ The same FAQ tells families to choose a participant “licensed or registered by the OEC.”⁠¹⁰ The participant agreement itself defines a facility as a “licensed, registered, or church-operated exempt site,” so the documents do not line up. The FAQ requires a licensed provider, while the agreement’s wording also reaches registered facilities.⁠¹¹ If you plan to stay registered at 5 or fewer children and want vouchers, ask OEC which rule applies before you enroll.

OEC’s step-by-step guide also points new applicants to the USDA food program run by its Health and Nutrition Unit.⁠⁷ Your licensing specialist can explain how to enroll.

Recent changes

• 2025 codification. The family home rule became 20 CAR Part 1026 in the Code of Arkansas Rules, which has been the official rule text since January 1, 2025. The requirements are the same Rev. 12/01/2020 rule, with “Office of Early Childhood” in place of the old DHS division.⁠³
• 2021 sex offender spouse notice. Act 828, effective July 28, 2021, added the parent notice described above.⁠⁹⁠¹
• Pending rulemaking. We found no proposed amendment to Part 1026 on OEC’s licensing page or in the Code of Arkansas Rules as of 2026-10-12.⁠¹⁠³ Check the Arkansas Register before relying on the 2020 text for a project months away.

Sources

1. 1
   Arkansas Department of Education, Office of Early Childhood, Child Care Licensing Checked 12 Oct 2026 · Back to text ↑
2. 2
   Arkansas Department of Education, Office of Early Childhood, Minimum Licensing Requirements for Child Care Family Homes (PUB-001, Rev. 12/01/2020) Checked 12 Oct 2026 · Back to text ↑
3. 3
   Code of Arkansas Rules (Arkansas Secretary of State), 20 CAR Part 1026, Minimum Licensing Requirements for Licensed Childcare Family Homes Checked 12 Oct 2026 · Back to text ↑
4. 4
   Code of Arkansas Rules (Arkansas Secretary of State), 20 CAR § 1026-104, License fees Checked 12 Oct 2026 · Back to text ↑
5. 5
   Arkansas Department of Education, Office of Early Childhood, Registered Child Care Family Homes requirements (Rev. 2020) Checked 12 Oct 2026 · Back to text ↑
6. 6
   Arkansas Department of Education, 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 ↑
7. 7
   Arkansas Department of Education, Office of Early Childhood, Application for Licensure as a Child Care Provider (step-by-step guide) Checked 12 Oct 2026 · Back to text ↑
8. 8
   Arkansas Department of Education, Office of Early Childhood, Licensing 101: Six Critical Areas of Compliance Checked 12 Oct 2026 · Back to text ↑
9. 9
   Arkansas General Assembly, via Office of Early Childhood, Act 828 of 2021 (HB 1098) Checked 12 Oct 2026 · Back to text ↑
10. 10
    Arkansas Department of Education, Office of Early Childhood, CCDF Program Participant Frequently Asked Questions (April 2024) Checked 12 Oct 2026 · Back to text ↑
11. 11
    Arkansas Department of Education, Office of Early Childhood, CCDF Program Participant Agreement (08/21/2024) Checked 12 Oct 2026 · Back to text ↑
12. 12
    Code of Arkansas Rules (Arkansas Secretary of State), 20 CAR § 1025-201, Related laws and requirements Checked 12 Oct 2026 · Back to text ↑

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