Opening a family child care home in Delaware: Level I, Level II or large family home

Who needs a license, and which one

Delaware’s line is low. Under the Delaware Child Care Act, you need a license if you care for one or more children under 18 without their parent present, are paid for it, and advertise or hold yourself out as offering child care.⁠⁵ OCCL’s FAQ is blunt about “helping out” a friend: if the care is in your home and you are paid, the law requires a license.⁠⁵ Since January 1, 2023, the regulation sets the penalty for unlicensed operation at a fine of up to $1,000, up to 6 months in jail, or both.⁠¹

There are only a few exemptions:

• Relatives only. You may care for your own children, grandchildren, nieces, nephews or stepchildren without a license, even if you are paid.⁠¹ OCCL’s FAQ words it differently, listing parent, grandparent, great-grandparent, brother, sister, aunt, uncle, step-parent, step-brother and step-sister by blood, marriage or adoption, and saying cousins are not relatives.⁠⁵ Because the two lists do not match exactly (the rule names nieces and nephews, the FAQ names aunts and uncles), ask your licensing specialist whether your specific relationship qualifies before you rely on the exemption.
• Unpaid care. You do not need a license if you are not paid.⁠⁵
• Nannies and babysitters. Care in the child’s own home does not need a child care license.⁠¹
• Foster placements. Homes where a licensed child placing agency has placed the children are exempt.⁠⁵

Delaware licenses home-based care at three sizes. All three fall under the same rule, 14 DE Admin. Code 934:⁠¹

Scroll the table sideways to see every column.

A family home licensee must live in the home where care is given.⁠¹ If you want to open in a rented storefront, or to care for 13 or more children, you need a different license. Thirteen or more children is a center under the Early Care and Education and School-Age Center license (see child care center licenses). OCCL issues only one license per address, and a license cannot be sold or transferred. It becomes void when the home is sold, closes or moves, or when the licensee dies.⁠¹

How many children you can take, counting your own

Capacity is set by age mix, not just a total. Your own children who are not yet in kindergarten count toward it, and so do preschool-age household members who attend care somewhere else.⁠¹ School-age children who live with you and attend school outside the home do not count. Each of them may have up to 2 school-age friends over, and those friends don’t count unless they join the children in care. You may not be paid for them.⁠¹ Non-resident school-age children may come only before and after school, on school holidays and during vacations.⁠¹

Delaware defines an infant as under 12 months, a toddler as 12 to 35 months, and a preschool-age child as 3 through 5 and not yet in kindergarten.⁠¹

Scroll the table sideways to see every column.

School-age children may fill preschool-age or younger spaces.⁠¹ OCCL also sets the number you may have present by your qualifications, your own children’s ages, your usable space and any fire marshal or zoning limits. Those can bring you below the table figure.⁠¹ If you want to be a foster or kinship caregiver while licensed, you need OCCL’s prior written approval, renewed every year. Preschool-age foster children count toward capacity even if they attend care elsewhere.⁠¹

Qualifications for Level I and Level II

Level I. You must be at least 18 and have a high school diploma or equivalent.⁠¹ You also complete the pre-service training listed under the application steps below.

Level II. You must already meet the Level I requirements, then add experience and training:⁠¹

1. Experience (one of)

   24 months of working with children; 3 months of supervised student teaching; or 24 months as a licensed Level I home with no substantiated complaints for serious health and safety violations or substantial non-compliance.

2. Education (one of)

   60 clock hours of training, with at least 3 hours in each of eight areas (child development; curriculum planning or environment; observation and assessment; positive behavior supports or social-emotional development; health, safety, physical activity and nutrition; family and community; professionalism; and child care management and administration); 3 college credits in those areas from a regionally accredited school; or qualifying as at least an early childhood assistant teacher under the center regulations.

3. OCCL’s written approval

   You may not run a Level II home until OCCL approves it in writing.⁠¹ Moving from Level I to Level II also means sending plans to the designated fire marshal for review and approval.⁠¹ Homes licensed after January 1, 2009 already need 25 square feet per child. Older homes moving up to Level II must also provide it.⁠¹

You submit copies of certificates, transcripts and diplomas as proof for either level.⁠¹

Who cannot be licensed. Neither you nor any household or staff member may be on the Delaware Child Protection Registry for a Level III or IV substantiation. You cannot be licensed with a conviction for an offense barred under 31 Del.C. §309 or the federal Child Care and Development Block Grant Act, or if you were found ineligible under the DELACARE background check regulations.⁠¹ An applicant whose child is currently or was permanently removed from their custody for abuse, neglect or dependency is barred from providing child care.⁠¹

Background checks and health appraisals for the whole household

Delaware treats your household almost like staff. A “household member” is anyone who lives or sleeps in the home more than 30 days in a year. It also includes anyone whose driver’s license or state ID shows your address.⁠¹

• Fingerprints. You, every adult household member, your substitute, any staff and adult volunteers need a comprehensive background check with Delaware and FBI fingerprints.⁠¹ Since January 1, 2023, a new household or staff member must be fingerprinted, and you must receive an eligibility or provisional eligibility determination, before they join the household or are present.⁠¹ A household member who turns 18 must be fingerprinted within 5 days of their birthday.⁠¹ Checks are repeated every 5 years.⁠¹
• Out-of-state history. Anyone who has lived outside Delaware in the last 5 years must ask each state for a criminal history search and a child abuse and neglect search. You send the results to the Criminal History Unit (CHU) of the Department of Services for Children, Youth and Their Families.⁠¹
• How it works. You book a Delaware State Police fingerprint appointment at 302-739-2528 (New Castle and Sussex counties) or 302-739-5871 (Kent County, which also takes walk-ins). Family providers send their fingerprint receipt to their licensing specialist right away. CHU makes its initial eligibility determination within 45 days.⁠⁵ Until then, the person may not be alone with children.⁠¹ OCCL does not charge for fingerprinting or criminal history reviews.⁠²
• Health appraisals. You, every adult household member and your substitute need a health appraisal with a TB test or risk assessment, both done within 1 year before you apply. Children in the household need health appraisals too.⁠¹

Getting the house ready: lead, radon, fire and electrical

Before OCCL inspects, you collect several third-party approvals. OCCL says plainly that while the license is free, these inspections have fees.⁠⁵

• Zoning and utilities. Proof of compliance with local zoning. If your home has a septic system or a well, you also need approvals from the Department of Natural Resources and Environmental Control (septic) and the Office of Drinking Water (well water).⁠¹ Renters need the landlord’s approval.⁠¹
• Lead paint (homes built before 1978). You need a lead-paint risk assessment by an environmental testing firm certified by the Division of Public Health (DPH). If it finds hazards, a DPH-certified lead-safe contractor makes the repairs. A dust clearance test follows, and the results go to OCCL within 5 business days. Lead paint that is intact can stay, but you must check and document it at least every 6 months. Homes built in 1978 or later are exempt.⁠¹
• Radon. Test every room used for child care under EPA guidelines. You may do the test yourself or use a certified inspector. A result over 4.0 pCi/L means mitigation, or a 90- to 120-day long-term test showing under 4.0.⁠¹
• Fire marshal. Your plans need approval and the home needs an inspection from the State Fire Marshal. Inside the city limits of Wilmington, Newark, New Castle or Dover, the city’s designated fire marshal does this instead.⁠¹ Care happens on the ground floor unless the fire marshal approves another level.⁠¹
• Electrical. An inspection by an agency the State Fire Marshal recognizes, repeated every 3 years.⁠¹

The rule also sets specific fixtures OCCL will look for:⁠¹

• Doors and gates. Exit doors at least 28 inches wide. ASTM-type safety gates at stairs where infants or toddlers are in care. Pressure and accordion gates are banned anywhere in the home.
• Stairs and raised areas. Handrails no higher than 38 inches on stairs over 4 steps. Barriers at least 36 inches tall on porches or other raised areas over 2 feet.
• Alarms. A smoke alarm on every level, in the basement and in enclosed sleeping areas, tested monthly with a log. A carbon monoxide alarm near sleeping areas if you have an attached garage or any fuel-burning appliance.
• Fire extinguisher. A 2A-10BC or larger, inspected yearly by a contractor licensed by the State Fire Marshal. You also do a fire prevention inspection every month and post the report.
• Water and hazards. Water at child-accessible faucets no hotter than 120°F. Covers on every reachable outlet. Guns locked up, with ammunition stored separately.
• During care hours. No smoking, vaping, candles, incense or air fresheners.
• Space. 25 square feet of usable indoor space per child in one area or adjoining rooms. Bathrooms, storage, hallways and furnace rooms don’t count, and the specialist subtracts space taken up by furniture.

Outdoors, a family home needs a fence only if hazards are nearby, such as a busy road, water, railroad tracks or a steep drop. If you do need one, it must be at least 4 feet high with openings no larger than 3½ inches, self-closing and self-latching gates, and at least 2 exits, one of them away from the building.⁠¹ Trampolines are banned for children in care. Pea gravel is the only gravel allowed, and stationary play equipment may not sit on concrete or asphalt.⁠¹

Applying: the steps in order

1. Attend an OCCL information session. It is the first required step, and OCCL says everyone opening a child care business must take this initial training.⁠¹⁠² Sessions cover both family and large family homes and are all virtual. The remaining 2026 dates posted are Tuesday, October 20 (9:00 AM), Tuesday, November 17 (1:00 PM) and Tuesday, December 15 (9:00 AM).⁠⁴ To register or ask questions, call 302-892-5800 (New Castle County) or 302-739-5487 (Kent and Sussex counties).⁠³
2. Complete pre-service training. You need six hours of quality-assured child development training and three hours in positive behavior supports or social-emotional development. You also need OCCL’s approved Health and Safety Training for Child Care Professionals, which covers nine topics including safe sleep, shaken baby prevention, allergies, emergency planning, medication and transportation. Finally, a certificate in recognizing and reporting child abuse and neglect.⁠¹
3. Get CPR and first aid. CPR must include a skills demonstration and match the ages you’ll serve.⁠¹ Online first aid is accepted from an OCCL-approved agency. Online CPR is accepted only with a hands-on skills demonstration.⁠⁵
4. Get your medication certificate. Someone with OCCL’s administration of medication certificate must be present at all times. That person must be at least 18 and pass OCCL’s test on the self-study guide in the rule’s Appendix IX.⁠¹ OCCL’s FAQ says this includes using an epi-pen.⁠⁵
5. Submit the Family Child Care Home Initial License Application (Appendix I). It lists your program, the ages you’ll serve and your household members. It includes certifications that you’ll follow the Americans with Disabilities Act and the Delaware Equal Accommodations Law, and that you accept OCCL’s investigation.⁠¹
6. Send the supporting documents. These include:⁠¹
   • The zoning, fire marshal, electrical, lead and radon approvals described above.
   • Three references who know you but are not related to you.
   • A release of employment form so OCCL can collect service letters under 19 Del.C. §708. It covers your current or most recent employer and every health care and child care job in the past 5 years. If you have no prior employer, give 2 more references instead.
   • Background check and health appraisal paperwork.
   • Your Delaware business license or tax-exempt verification.
   • A sample 2-week menu if you’ll serve food.
   • Your emergency plan.
7. Inspection and provisional license. A licensing specialist reviews the file and inspects the home. If approved, you receive a 6-month initial provisional license.⁠¹
8. Compliance review. Before the provisional license expires, the specialist reviews the home again. OCCL then issues an annual license if you are in full compliance, or another provisional license if not.⁠¹

You must also arrange a substitute who is at least 18. Post the substitute’s name and number in the home and give them to OCCL.⁠¹ What training the substitute needs depends on how you use them. An emergency-only substitute needs a shorter orientation. A substitute you use for planned time off needs CPR, first aid, the health and safety course and the medication certificate.⁠¹ You must tell OCCL and get its approval before using a substitute for 5 or more days in a row, or for classes that run 3 or more sessions.⁠¹

Fees

The fire extinguisher inspection, electrical inspection and Delaware business license are also required, and the rule doesn’t set their prices.⁠¹ This guide doesn’t estimate those costs.

Rules that shape your working day

Several Delaware rules set limits on how you run a family home day to day:

• Hours. You may care for children no more than 17 hours in a day, with at least 7 uninterrupted hours of rest and no other work during that rest.⁠¹ Overnight care is allowed, with extra rules for children who sleep 4 or more hours between 10:00 PM and 6:00 AM.⁠¹
• You must be there. The licensee must be present and caring for the children at all times, except during limited use of a substitute. Even when the substitute is present, you must do most of the care.⁠¹
• No second job. You may have no other job during child care hours.⁠¹ You also may not provide nursing-level care to someone recovering from a long illness or surgery during care hours.⁠¹
• Reporting to OCCL. For listed events, you must call OCCL and speak to a person within 1 business day; a voicemail does not count. These include an injury that needs medical treatment, a medication error, new charges against a household member, and a broken furnace or a lost phone line. Injuries and medication errors also need a written report within 3 business days.⁠¹

Renewal, inspections and enforcement

After the provisional period, an annual license runs 12 months.⁠¹ You file the Renewal License Application (Appendix III) at least 60 days before the license expires. A later filing is cited as late. If you file on time, your license stays valid until OCCL decides. If you file after it expires, any new license starts on the date OCCL received the application and is not backdated.⁠¹ A renewal includes:⁠¹

• 12 hours of annual training. This must include 1 hour of health or safety and cover at least 3 of the listed topic areas (1 or 2 areas are enough if you complete a course or a training of 6 or more hours), and you must finish it at least 30 days before the license expires.
• Current CPR and first aid cards.
• An electrical inspection from the last 3 years.
• A radon test of each child care room from the last 5 years, taken between October and March.
• Fingerprint receipts and health appraisals for anyone new to the household.
• Your business license.

OCCL reviews every facility once a year, and again after a complaint or during an enforcement action.⁠⁵ The annual compliance review is unannounced. If you are cited, you get a corrective action plan, and you have 5 days to dispute a citation with a licensing supervisor.⁠¹ Serious non-compliance can lead to a warning of probation (up to 6 months, renewable) or probation (up to 1 year, renewable), and then suspension or revocation.⁠¹ OCCL’s licensing files are open to the public. They include compliance reviews, complaints, enforcement actions, and your fire marshal, lead and radon records.⁠⁵

If you plan to move, give OCCL at least 60 days’ notice where possible and file the Relocation License Application (Appendix V). You’ll need fresh fire marshal, electrical, lead, radon and zoning approvals for the new home. You may not care for children there until OCCL issues a license for that address.⁠¹

The large family child care home option

A large family home takes up to 12 children. Unlike a family home, it can operate in a commercial building if zoning permits.⁠¹⁠² The licensee can be a company, but it must name a natural person as the large family provider.⁠¹ Compared with a family home, the main differences are:⁠¹

• Insurance. Proof of comprehensive general liability insurance that specifically covers the business.
• Fire inspection. An annual inspection by the fire marshal.
• Space. 35 square feet of indoor space and 50 square feet of outdoor play space per child, with the play area always fenced.
• Kitchen. A separate hand-washing sink in the kitchen, unless parents supply the food or you use a caterer.
• Former dry cleaner or nail salon sites. A commercially zoned building with this history needs indoor air sampling under 7 DE Admin. Code 1375 before it can be licensed.
• Provider qualifications. The large family provider must be at least 21, have 24 months of group experience and a high school diploma, and hold a credential such as a CDA or 9 qualifying college credits. They must be present at least 75% of operating hours.
• Ratios. One provider or assistant may care for 9 children alone (6 preschool-age or younger plus 3 school-age). A second staff member is required at 7 or more preschool-age children, up to 12 total, with no more than 4 under 12 months and 6 under 24 months. A third staff member is required when 5 or 6 infants or 7 or more children under 24 months are present.
• Training. Staff complete 15 hours of annual training.

Getting paid: Purchase of Care and the food program

OCCL points new providers to two state-linked funding sources. The Child and Adult Care Food Program helps pay for meals served in child care. The Purchase of Care subsidy pays for care for eligible families. Licensed homes also appear in OCCL’s public child care search, which parents use to find care.⁠³ This guide doesn’t cover Purchase of Care rates or how to enroll.

Rule status

The rule’s online history lists its most recent amendment as 25 DE Reg. 1017 (May 1, 2022).⁠¹ OCCL’s own downloadable copy is labeled effective August 10, 2022.⁠³ Several 2023 requirements were written into the rule in advance and are now in force: the higher penalty for unlicensed care and fingerprint clearance before a new household member moves in.⁠¹ The official sources reviewed show no amendment after 2022, but the Delaware Register of Regulations is where a newer proposal would appear, so ask OCCL when you call whether the 2022 text is still the one in force and whether any change is pending.

Sources

1. 1
   Delaware Department of Education, via Delaware Administrative Code, 14 DE Admin. Code 934, DELACARE: Regulations for Family and Large Family Child Care Homes Checked 12 Oct 2026 · Back to text ↑
2. 2
   Delaware Department of Education, Office of Child Care Licensing, Start a Child Care Business Checked 12 Oct 2026 · Back to text ↑
3. 3
   Delaware Department of Education, Office of Child Care Licensing, Starting a Family Child Care Business Checked 12 Oct 2026 · Back to text ↑
4. 4
   Delaware Department of Education, Office of Child Care Licensing, Family Child Care Provider Information Sessions Checked 12 Oct 2026 · Back to text ↑
5. 5
   Delaware Department of Education, Office of Child Care Licensing, OCCL Frequently Asked Questions Checked 12 Oct 2026 · Back to text ↑

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