Hawaii group child care center license: DHS rules, ratios and steps

One license, two settings, and a hard age floor

Hawaii’s statute bans running a group child care home or group child care center without a DHS license.⁠⁸ The definitions in HRS 346-151 decide which one you are:

• A group child care center is any facility “other than a private home” where care is provided. The statute sets no upper limit, so your licensed capacity comes from your building and outdoor space.⁠⁹
• A group child care home is a facility, which may be an extended or modified private home, caring for seven to twelve children. The rule adds that a group home is run by an individual and is licensed under the center rules.⁠⁹⁠¹

The rule’s definition of a center is broad. It covers “nurseries, nursery school groups, preschools, child play groups, parent cooperatives, drop-in child care centers,” and before-school, after-school, holiday and summer care for elementary-age children, “under any name.”⁠¹

The fact that shapes your business plan more than any other is HAR 17-892.2-10: a group center or group home “may provide care to children aged two years (twenty-four months) and older.” The ratio chart in the rule repeats it, listing children under 24 months as “not permitted.”⁠¹⁠² If you want an infant or toddler room, you apply under a separate chapter, HAR 17-895.1 (Licensing of Infant and Toddler Child Care Centers). A program serving only school-age children before and after school follows HAR 17-896.1. DHS tells applicants to read whichever chapter matches the license they are seeking.⁠³ This guide covers chapter 17-892.2.

If you plan to care for six or fewer children in your own home, that is a family child care home, which needs a DHS registration instead of a license. See Hawaii family child care home registration.

Programs that do not need a DHS license

HRS 346-152 lists exemptions that matter for preschool and school-age operators.⁠⁶ Among them:

• Care for a child less than six hours a week.
• Kindergartens, schools or child care programs licensed or certified by the Department of Education.
• Programs that only teach a specialized skill to K-12 pupils, such as sports, foreign language, the Hawaiian language, dance, drama, music or martial arts.
• Incorporated multiservice organizations or community associations that run recreation, health, safety or social programs for school pupils up to 17.
• Programs for children four and older that run no more than two consecutive calendar weeks in a three-month period.
• DOE after-school, weekend and summer programs under HRS 302A-408, and county programs that have adopted their own rules.
• Programs licensed by the Hawaii Council of Private Schools. This exemption is not automatic. You apply on a DHS form and show that the Council’s standards, including monitoring, meet or exceed DHS standards for a comparable program, and DHS decides whether they do.
• Programs certified by the U.S. Department of Defense, and classrooms run by the Executive Office on Early Learning under HRS 302L-7.

If you claim an exemption, you carry the burden of proving it and must cooperate with DHS investigations of unlicensed care. Exempt programs serving subsidized children can still be held to federal minimum health and safety standards.⁠⁶ One related carve-out applies to licensed programs as well: staff in programs taught solely in Hawaiian that promote Hawaiian fluency are exempt from rules requiring academic training or certification.⁠⁶ DHS’s exemptions page also warns parents that exempt programs carry no assurance that health and safety standards are met.⁠¹¹

Director, teacher and aide qualifications

Chapter 17-892.2 sets qualifications by job title, and DHS checks them at the licensing visit.⁠¹⁠⁴ Fines can follow if you “improperly certify” staff credentials.⁠¹

Degrees must come from a regionally accredited college or university, or be transferable to one. Everyone other than aides, volunteers, clerical and maintenance staff must be at least 18. A substitute for the director must meet the director qualifications. Substitutes for teachers must be 18 and must have completed your orientation.⁠¹

If you cannot find a qualified teacher or assistant teacher, DHS can grant a waiver. You must first advertise the opening in the classified section of the county’s largest newspaper. The person you want to hire must meet the qualifications for the next lower position, you must give the division administrator a written plan to bring them up to standard, and you need the waiver approved before you hire them.⁠¹

Ratios, group sizes and when the director counts

You must meet the ratio at all times, keep it in writing, and show it to DHS. Cooks, custodians and bus drivers do not count toward it while doing those jobs.⁠¹

In a mixed-age group, the ratio follows the youngest child. The exception is a curriculum that specifically requires mixed ages: then you use the average ratio, and only for up to three hours of mixed instruction a day. At nap time and during night care, you also average, and non-teaching staff can count. A child who is at least two years eight months old, enrolled between September 1 and December 31, with a birthday in that window, may be counted in the next older age group.⁠¹

A separate staffing sequence (Chart II) controls who you hire as you grow. One unit of children (8 two-year-olds, 12 three-year-olds, 16 four-year-olds or 20 five-year-olds) needs a teacher. A second unit adds an aide, and larger enrollments add assistant teachers and more teachers in the order the chart sets. During the first and last hours of the day, the director, a teacher or an assistant teacher may fill any position in the sequence.⁠¹

The director counts toward the ratio only in a center with fewer than 50 children. At 50 or more, the director may teach but does not count. The exceptions are emergencies (no more than ten hours a week) and, in full-day centers, the first and last hours of the day.⁠¹

Training, first aid and health clearances

• Initial health and safety training within 45 days of hire for every caregiver, substitute and volunteer. It must be DHS-approved and cover 11 topics, including infectious disease, safe sleep, medication, allergies, emergency preparedness, transport, pediatric first aid and CPR, and recognizing and reporting child abuse. It must be completed with 100 percent accuracy, and it must be repeated after 180 or more consecutive days away from child care.⁠¹
• Ongoing training each year: 16 hours for caregivers, 10 for substitutes, and 8 for volunteers who serve 10 or more hours a week, in at least two of 14 listed topic areas. Staff who fall behind cannot be counted in the ratio.⁠¹
• First aid and CPR coverage: at least one adult with a current pediatric first aid certificate and one with a current child CPR certificate whenever children are present, including on field trips. Courses come from the American Red Cross, the American Heart Association or an approved equivalent.⁠¹
• Staff health: an employment physical within one year before hire, and a tuberculosis clearance under HAR 11-164.2 completed within one year before starting child care, both kept on file.⁠¹

Background checks before the licensing visit

The application must include background check results under HAR chapter 17-801 for the applicant, staff and prospective staff.⁠¹ DHS’s overview lists adult abuse and neglect, child abuse and neglect, and criminal history checks, including a federal fingerprint check.⁠⁴ You start the checks with form DHS-948, along with employment history forms DHS 959 and 959A.⁠³ DHS will not assign a licensing worker until the clearances come back satisfactory.⁠³

After you open, each new staff member must complete the checks within five working days of hire and meet the 17-801-5 conditions before starting work. Anyone who has left the state or stopped doing child care for 180 consecutive days must be checked again. Every staff member is rechecked each year by the anniversary of their last consent.⁠¹

Your building: county codes, space and fire safety

The facility must meet the zoning, building, electrical and plumbing codes of its county.⁠¹ DHS asks you to prove this with a Conditional Use Permit or Certificate of Occupancy.⁠³ The DHS overview adds fire code compliance to that list, and the licensing visit looks for a satisfactory county fire inspection report.⁠⁴

Indoor space. You need 35 square feet per child of unencumbered play or instructional area, not counting bathrooms, kitchens, cupboards or hallways. The figure applies to the center as a whole, not room by room. A lanai can make up no more than 30 percent of the required area. Rooms where children sleep at night need 50 square feet per child, without counting any lanai.⁠¹

Outdoor space. The outdoor area is sized to your total licensed capacity, however many children are outside at once:⁠¹

On that scale, a 40-child preschool needs 1,400 square feet of indoor play space and 2,900 square feet outdoors. The outdoor area must be fenced or have natural barriers.⁠¹

Toilets and sinks. The rule’s table calls for 1 for up to 12 children, 2 for 13 to 30, 3 for 31 to 45 and 4 for 46 to 60, then one more for each additional 15 children, up to 15 for 211 to 225. Toilets must be child-sized, or you must provide safe, sturdy step stools so children can use standard toilets and sinks.⁠¹

Fire and emergencies. You need a written disaster plan covering nine areas: evacuation, relocation, shelter in place, lock-down, reunification with families, continuity of operations, toddlers, children with disabilities or special needs, and children with chronic medical conditions. The fire inspector must approve the fire portion, and your health consultant reviews the special-needs and medical portions. You also need practice drills, a posted exit diagram, a UL-listed fire warning device or system, and an unexpired ABC fire extinguisher. Notify DHS within one working day of any evacuation, relocation, shelter in place or lock-down. Lead-based paint is prohibited.⁠¹

Written policies and arrangements DHS reviews

Your Statement of Operation Policies (form DHS 952) must cover 23 areas set out in HAR 17-892.2-11.⁠¹⁠³ They include the ages accepted, maximum capacity, hours, fees, payment plan and refund policy, your emergency medical care plan, insurance, transportation, admission of ill children, medication, sanitation, and a grievance procedure that gives parents DHS’s complaint contact. The policies must also cover mandated reporting under HRS chapter 350 and a suspension and expulsion policy that gives parents time to find other care.⁠¹

Other items DHS checks before licensing:

• Liability insurance under HRS 346-157, with proof given to DHS and verified every year. If coverage changes, is cancelled or ends, you must tell parents and DHS within seven working days.⁠⁷⁠¹
• A health consultation arrangement: a physician, a contract with a physician or nonprofit health organization, an existing community service, or a health advisory group.⁠¹
• A written description of your program goals from the director, and children’s health records that comply with HAR 11-157 and 11-164.2.⁠¹
• Food: a nutrition review if you serve food but are not in the USDA Child and Adult Care Food Program, and a health sanitation inspection if you prepare meals on site.⁠⁴ A qualified nutrition consultant must review your food service once a year.⁠¹

Applying, step by step

1. Pick your chapter and read it

   Use 17-892.2 for ages two and up, 17-895.1 for infants and toddlers, and 17-896.1 for before- and after-school care.⁠³

2. Call your island’s licensing unit

   As of January 2025, Oahu has two units: Unit 1 in Honolulu, (808) 587-5266, for Foster Village to Hawaii Kai, Kailua and Waimanalo; and Unit 2 in Waipahu, (808) 675-0470, for Aiea to Waianae, Mililani, Wahiawa, Kaneohe and the North Shore. The other units are Hilo, (808) 981-7290; Kailua-Kona, (808) 327-4755; Wailuku, (808) 243-5866, which also covers Lanai and Molokai; and Lihue, (808) 241-3679.⁠¹⁰

3. Secure county approval for the site

   Get a Conditional Use Permit or Certificate of Occupancy, plus the county fire inspection.⁠³⁠⁴

4. Assemble the packet

   It includes DHS 951, the application form. On it, the applicant accepts legal responsibility for the program’s debts and gives an EIN, Hawaii General Excise Tax number and director name. Attach an 8.5 x 11 inch floor plan with measurements and the fire evacuation route, and a plot plan.⁠⁵ Add DHS 953 (statement of legal authority), DHS 954 (staff and volunteer listing), DHS 957 (staff sequence), DHS 969 (self-certification), DHS 952 (operation policies), and DHS 959/959A and DHS-948 for every staff member.⁠³

5. Clear background checks

   DHS assigns a Child Care Licensing Worker only after the clearances come back satisfactory.⁠³

6. Licensing visit

   The worker inspects the whole facility and goes over the rules with you. Any deficiency cited must be corrected before DHS issues the license.⁠³

7. Decision

   DHS must notify you of its decision within 90 days of receiving a complete application. If it misses that deadline, the application is deemed approved and a license is issued. An application left incomplete for nine months expires unless the unit has granted more time.⁠¹

If you meet almost every rule but not all, DHS may issue a provisional license for up to six months. It can do so only when the gaps do not threaten children’s health or safety and will be fixed within that time.⁠¹ The license certificate states the type of program, its address, and the number and types of children you may serve.⁠¹

None of the DHS application materials or chapter 17-892.2 lists an application or license fee (as published on 2026-10-12).⁠³⁠⁵⁠¹

Running the center: reporting, visits and renewal

• License term: one year while you have been licensed less than four years, then up to two years. You must apply to renew at least 90 days before the license expires.⁠¹ In a two-year period, DHS conducts at least two visits, a “biennial” visit and an “off-year” visit.⁠⁴ DHS staff and parents may visit at any time during operating hours.⁠¹
• Changes: give parents and DHS written notice of service changes at least 30 days ahead, report changes in direct-care staff within five working days, and file other significant changes on DHS 974A.⁠¹⁠³
• Incidents: report a death, or any illness or injury at the facility that sends a child to the hospital, within one working day.⁠¹
• Enforcement: operating without a license, caring for more children than licensed, ratio violations and false staff credentials can bring fines and denial, suspension or revocation. Filing an appeal does not let you keep caring for children. After a revocation, you must wait 90 days to reapply after a first offense and one year after a second.⁠¹

If you want night care, drop-in care or an exemption from specific rules, chapter 17-892.2 adds conditions. Night care requires beds three feet apart, staff within listening distance, no children sleeping in a detached building, a bathing facility, and no stays of 24 consecutive hours. Drop-in children must be grouped separately. Rule exemptions are possible only as a DHS-approved “licensed demonstration project,” based on a written proposal.⁠¹

Preschool Open Doors and subsidy payments

Many Hawaii preschools are paid partly through DHS’s Preschool Open Doors (POD) tuition subsidy. Act 203 (HB 692), effective January 1, 2026, extended POD to two-year-olds and removed the requirement that providers be accredited.⁠¹³ That matters for a group center, because two is exactly the youngest age you are allowed to enroll.

For the 2026–2027 school year, DHS accepts POD applications from May 29, 2026, through May 31, 2027, or until funding runs out. Families can choose among 389 licensed preschools and group child care homes. The maximum monthly subsidy is $1,500 for accredited programs and $1,200 for licensed programs (as published for 2026–2027).⁠¹² POD can pay DHS-licensed preschools or exempt center-based providers listed with DHS. DHS’s separate Child Care Subsidy program, for children under 13, can pay a licensed provider directly.⁠¹⁴

For the other care licenses Hawaii issues, from adult residential care homes to home health agencies, start from the Hawaii state page.

Sources

1. 1
   Hawaii Department of Human Services, HAR Chapter 17-892.2, Licensing of Group Child Care Centers and Group Child Care Homes (as amended June 2024) Checked 12 Oct 2026 · Back to text ↑
2. 2
   U.S. Department of Health and Human Services, Administration for Children and Families, National Database of Child Care Licensing Regulations, Hawaii Administrative Rules, Chapter 892.2 (accessible text version, June 2024) Checked 12 Oct 2026 · Back to text ↑
3. 3
   Hawaii Department of Human Services, Benefit, Employment and Support Services Division, Applying for a Child Care Center License Checked 12 Oct 2026 · Back to text ↑
4. 4
   Hawaii Department of Human Services, Applying for a DHS Child Care Center License (overview, June 2017) Checked 12 Oct 2026 · Back to text ↑
5. 5
   Hawaii Department of Human Services, DHS 951, Application for License to Operate a Group Child Care Center or Group Child Care Home Checked 12 Oct 2026 · Back to text ↑
6. 6
   Hawaii State Legislature, HRS 346-152, Exclusions; exemptions Checked 12 Oct 2026 · Back to text ↑
7. 7
   Hawaii State Legislature, HRS 346-157, Liability insurance coverage; requirement Checked 12 Oct 2026 · Back to text ↑
8. 8
   Hawaii State Legislature, HRS 346-161, License for group child care home, group child care center required Checked 12 Oct 2026 · Back to text ↑
9. 9
   Hawaii State Legislature, HRS 346-151, Definitions Checked 12 Oct 2026 · Back to text ↑
10. 10
    Hawaii Department of Human Services, Statewide Child Care Licensing Units (January 2025) Checked 12 Oct 2026 · Back to text ↑
11. 11
    Hawaii Department of Human Services, Exemptions from Child Care Regulation Checked 12 Oct 2026 · Back to text ↑
12. 12
    Hawaii Department of Human Services, Preschool Open Doors application period opens for 2026–2027 school year Checked 12 Oct 2026 · Back to text ↑
13. 13
    Office of the Lieutenant Governor of Hawaii, Lt. Governor Luke signs bill expanding Preschool Open Doors to include 2-year-olds (Act 203) Checked 12 Oct 2026 · Back to text ↑
14. 14
    Hawaii Department of Human Services, Benefit, Employment and Support Services Division, Child Care Subsidy Checked 12 Oct 2026 · Back to text ↑

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