Illinois day care center license: permit, staffing and building rules

The agency changed on July 1, 2026, and so did the vocabulary

From July 1, 2026, Illinois child care licensing moved from the Department of Children and Family Services (DCFS) to the new Illinois Department of Early Childhood (IDEC). The Child Care Act now says no one may operate an “early care and education center” without a license or permit issued by DCFS before July 1, 2026, or by IDEC on and after that date.⁠³ Licensing for centers now sits in new IDEC sections of the Act: Sections 3.01, 4.01, 5.01 and 6.1.⁠¹

The rules moved too. The day care center standards that were 89 Ill. Adm. Code 407 are now 23 Ill. Adm. Code 2008.⁠¹⁸ They still say “day care center,” while the statute says “early care and education center.” Both terms mean the same license. Some state web pages still show the old agency’s name. The licensing overview on the Sunshine website, which IDEC’s own page links to, still says “DCFS” throughout.⁠⁴⁠⁵ If a form or page you are given carries the DCFS name, it is a holdover from the transition, not a sign that you are dealing with the wrong agency.

Do you need a center license?

The statute defines a center as any provider that regularly cares for (1) more than 8 children in a family home, or (2) more than 3 children anywhere other than a family home, including senior citizen buildings.⁠² The “more than 3” threshold is very low. A program caring for four children in a storefront, a church basement or an office suite is a center.

The line between a center and a home license is the location, not only the headcount. Day care home and group day care home licenses are issued only in the applicant’s own family residence. If you want to use space away from where you and your family live, you must seek licensure as a day care center.⁠⁵ For care in your own home, see the Illinois day care home license guide.

Exemptions that founders sometimes count on

Section 3(d-5) of the Act exempts some programs from both licensing and the new registration. These include:⁠³

• Supplementary care, such as at a gym, store or place of worship, for no more than 2 hours a day, where the parent stays on the premises. The provider may not call itself a center or preschool.
• Single-skill extracurricular programs (music, dance, art, sports, tutoring). Three- and four-year-olds may attend for no more than one cumulative hour per day.
• Programs run by public or private schools for children 3 and up. Also programs that a private entity runs on school premises. For those, the exemption covers only the building. The operator’s staff must still meet IDEC background check and training requirements.
• Care on federal government premises.
• Certain park district and municipal special-activity programs that meet the conditions in 3(d-5)(6) and (7).

Rule 2008 calls the private-entity-on-school-grounds model a “partially exempt program.” The physical facility is exempt from the rules, but IDEC regulates personnel and the operating program.⁠⁶ If you are unsure whether you qualify for an exemption, you can write to IDEC’s Division of Quality and Safety, 313 S. Sixth Street, Springfield, IL 62701, for a declaratory ruling. You must first have asked your local licensing office for an interpretation and been unable to get one or be dissatisfied with the answer. The ruling comes within 60 days of a complete request.⁠²³

A new middle tier starting July 1, 2027

Section 3(d-10) creates “Recognized Alternative Providers.” These programs register instead of getting licensed:⁠³

• part-day programs for 3- and 4-year-olds, up to 3 hours a day without the parent on site
• full-day programs for children 3 and up that are run as part of a religious elementary school receiving no government aid
• school-age day camps operating no more than 100 days in a 12-month period
• before- and after-school programs for ages 5 to 12, capped at 6 hours a day

The registration lasts 2 years. It becomes operative July 1, 2027, or July 1, 2028 for park districts. Registered providers may not advertise themselves as preschools or licensed providers.⁠³ The Act directs IDEC to adopt rules for this tier,⁠³ and no implementing rules had been published or reviewed as of 2026-10-12, so the registration steps and forms are not yet known. Ask your IDEC licensing office when registration opens and what it will require. If your concept is a half-day preschool or an after-school program, check which side of this line it falls on before you build out a full licensed center.

Talk to the licensing office before you sign a lease

The state’s own advice is blunt. A building may be unsuitable for child care because of insufficient space, an inadequate outdoor play area, lead paint or mold. “Please phone licensing office to discuss your plans before you sign a lease or contract.”⁠⁵ A pre-application orientation with the local licensing office is not required, but the state “highly recommends” it. Center applicants work closely with an assigned licensing representative from pre-application through the permit to the full license.⁠⁵

The physical rules below decide whether a site works. Run your measurements before committing.

The building: space, floors, fire and environmental tests

Square footage

The 35 square feet excludes exit passages, offices, storage, bathrooms, the kitchen and gyms used only for active play. Cribs and cots must be at least 2 feet apart.⁠¹⁸ One room holds one group. Groups of children up to age 5 can share a room only if dividers or equipment at least 3 feet 6 inches high separate them.⁠¹⁸

Where infants and toddlers can be

Infants and toddlers must be cared for at ground level. The travel distance from any point in their room to an exit that leads directly outside cannot exceed 150 feet. Only the Office of the State Fire Marshal or the Chicago Fire Department’s Fire Prevention Bureau can grant an exception to the ground-level rule.⁠¹⁸ This one rule rules out many upper-floor commercial suites for infant programs.

Fire and health approval

The building must be approved before occupancy, and again before each license renewal, by the Illinois Department of Public Health and the Office of the State Fire Marshal (OSFM), or by local agencies authorized to inspect for them.⁠¹⁸ Under the Act, OSFM performs the licensing fire inspection. A local fire authority does its own code inspection only if it enforces stricter codes than OSFM.⁠¹ The space children use must be used only for child care while the center is open. Other groups can use it outside your hours.⁠¹⁸

Radon and lead in water

These are two Illinois-specific tests that must be done before the application is complete:

• Radon. Your initial application must include proof that the center was tested for radon within the last 3 years. The test must be done by a Radon Measurement Professional licensed by the Illinois Emergency Management Agency. You then retest at least every 3 years and post the latest result next to your license.⁠⁷⁠¹⁸
• Lead in water. Centers serving children under 6 in a building constructed on or before January 1, 2000 must have the water tested by an IEPA or IEPA-certified laboratory. Any fixture at 2.01 ppb or above needs a written mitigation plan, shared with parents, with retests within six months and one year of finishing the mitigation. Every applicant also submits a certificate of lead safety training with the initial application.⁠⁷⁠¹⁸

Outdoor play area

You need an outdoor play area unless the program runs less than three hours a day or IDEC grants a waiver. It must hold at least 25% of your licensed capacity at one time, with 75 square feet per child using it at once. Fences installed or replaced after January 1, 1998 must be at least 48 inches high. Children under 24 months may not share the area with children 3 or older at the same time.⁠¹⁹ Fall surfacing must extend at least 6 feet beyond climbing and sliding equipment.⁠¹⁹

Other plant rules include a temperature of 65 to 75°F in heating season, monthly fire drills and twice-yearly tornado drills, and a non-coin telephone on site.⁠¹⁸

Ownership, insurance and the paperwork IDEC expects

The governing body (the owner, or the corporation’s officers and board) is legally responsible to IDEC for meeting the standards. It may delegate day-to-day compliance to the director, but only in a written statement filed with the Department and signed by both.⁠¹¹ You must carry public liability insurance of at least $300,000 per occurrence. Any vehicle that requires a school bus driver permit must carry at least $1,000,000 combined single limit.⁠¹¹

Financial records must stay in Illinois. You must remain solvent, meaning your debts may not exceed your property at fair value. General and financial records are kept for 5 years, and personnel records for 5 years after the employee leaves.⁠¹¹ You also need a written risk management plan. It must cover staff training (including universal precautions), building and vehicle maintenance, integrated pest management, food sanitation, severe-weather alerts, and emergency and disaster plans. All staff must be trained on it.⁠¹¹

Staffing: director, teachers and assistants

The director

Every center needs a qualified child care director.⁠¹² The director must be at least 21 and have a high school diploma or GED. Directors hired on or after July 1, 2017 also need one of the following:⁠¹⁴

• an associate degree in child development or early childhood education, or
• 64 semester hours in any field, including 21 semester hours in child development, early childhood education or early childhood special education, plus one of:
  • a Gateways to Opportunity Level I Illinois Director Credential
  • 3 semester hours of college credit in child care administration
  • 3 points of credential-approved administration training

Montessori credentials from MACTE-accredited, AMS or AMI programs can substitute for the child development coursework.⁠¹⁴ If more of your groups are school-age than preschool, elementary education also counts toward the degree.⁠¹⁴

Size matters. A center licensed for more than 50 children must employ a full-time director who is on site and not teaching. The exceptions are the first and last hour of programs open 10 or more hours a day, and times when attendance falls below 50. At 50 or fewer children, or in a half-day program of up to 3 consecutive hours, the director may also teach but must meet the teacher qualifications too.⁠¹⁴ Within 36 months of appointment, the director must finish an approved training course of at least 6 hours on caring for children with disabilities.⁠¹⁴

When the director is off site, a staff member who meets director qualifications must be designated in charge. Through June 30, 2029 there is a temporary alternative for centers open 8 or more hours a day. An early childhood teacher with at least 2,880 documented hours at that same center may open and close the facility, but only during the first and last hour of operation.⁠¹⁴ A change of director must be reported to IDEC by the next business day.⁠¹²

Early childhood teachers

Every infant, toddler and preschool group must be supervised by an early childhood teacher.⁠¹² Teachers must be at least 19 and have a high school diploma or GED, plus one of the following:⁠¹⁵

• 60 semester hours of college credit, including 6 semester hours in child care or child development (birth to age 6)
• one year (1,560 clock hours) of experience in a nursery school, kindergarten or licensed center, plus 30 semester hours including those 6
• a CDA, a Certified Childcare Professional credential, or a Gateways ECE or Infant Toddler Credential at Level 3 or higher

Someone who holds the Gateways Level 1 ECE Credential and is working toward these can serve as an “Interim Conditional Early Childhood Teacher.” Interim teachers may not exceed 40% of your teachers. You must post the vacancy first, give monthly mentoring and notify parents.⁠¹⁵ A CDA candidate in this role has 9 months to finish the training and 15 months to hold the credential.⁠¹⁵

Assistants

Early childhood assistants need a high school diploma or GED and work under a teacher.⁠¹⁶ When all children in a room are 2 or older, an assistant aged 18 or older may supervise the room without a teacher. That can last no more than three consecutive hours and must not make up a majority of the room’s daily hours. For rooms where all children are under 2, an assistant aged 18 or older can do this for three hours per classroom, but only with 1,560 hours of child care experience and the DHS Child Development, Health, and Safety Basics training.⁠¹²

Very small centers

A center licensed for ten or fewer children aged 3 to 5 that runs with one regular staff person must arrange three kinds of backup:⁠¹²

• a daily assistant
• two people who can reach the premises within five minutes in an emergency
• a substitute who knows the children and the program

Ratios and group sizes

In mixed-age groups, the youngest child sets the ratio and group size. A teacher with an assistant may supervise up to 30 children if all are at least 5. During naps, children other than infants and toddlers may be supervised by half the required staff in the room, as long as the full ratio is met on the premises.⁠¹⁷

The table above follows the rule text. If a summary chart elsewhere uses different age bands, the rule text in Part 2008 controls.⁠¹⁷

Centers may run evening, night, weekend and holiday care. A child counts as in night care when most of their time at the center falls between 6 p.m. and 6 a.m. Staff counted in the ratio must stay awake.⁠²⁰ Since P.A. 103-952 (effective January 1, 2025), a center may operate for 24 hours or longer. For a parent working regularly scheduled shifts, it may care for that child for up to 12 hours, as long as 8 hours pass between visits.⁠¹

Background checks, health and training

Everyone subject to checks must be fingerprinted under 23 Ill. Adm. Code 2010.⁠²² For licensed centers, the check covers Illinois State Police and FBI criminal history, out-of-state checks, the Child Abuse and Neglect Tracking System (CANTS) and the sex offender registry.⁠⁴ IDEC’s pages do not state a fingerprinting fee for center staff; the only “no cost” statement on the Sunshine site is for home-based checks.⁠⁵ Ask your licensing representative what, if anything, fingerprinting will cost your center and who pays the vendor.

New staff need a physical exam dated no more than 6 months before hire, including a Mantoux TB test, and a re-exam every 2 years.⁠¹³ Anyone employed by a facility caring for children 6 and under must show one dose of Tdap and two doses of MMR (or proof of MMR immunity).⁠¹ At least one staff member with current first aid, CPR and Heimlich certification must be on duty at all times. The CPR must match the age groups you serve.⁠¹³

Deadlines after hire:⁠¹³

• Join the Gateways to Opportunity Registry within 30 days.
• Finish IDEC’s online Mandated Reporter Training within 30 days.
• In infant programs, finish SIDS and Shaken Baby Syndrome training within 30 days, and repeat safe-sleep training every 3 years.
• Complete 15 clock hours of in-service training per year.

Your application must show Registry membership for the director and all staff.⁠⁷

Applying: what goes in the packet and the order of events

1. Call your local licensing office. Ask for an orientation and the initial application packet before committing to a building.⁠⁵

2. Clear the site. Get the fire and sanitation clearances, the radon test, lead-in-water testing if the building dates from 2000 or earlier, and, in Chicago, the city’s zoning review.⁠⁸⁠¹⁸⁠²¹

3. File the application. The governing body files it on IDEC forms, with these attachments:⁠⁷

   • articles of incorporation and by-laws, showing good standing with the Secretary of State
   • your statement of purposes and policies
   • officers and board list
   • an annual operating budget
   • a staffing plan with job descriptions
   • the written delegation of authority
   • the list of people subject to background checks, with their signed authorizations
   • radon proof, lead results and the lead-training certificate
   • Gateways Registry proof

   IDEC returns incomplete or unsigned applications.⁠⁷

4. Meet the 16 permit conditions. Rule 2008.65 bars a permit until you have:⁠⁸

   • a director who has cleared the background check, with three references and proof of education
   • staff with first aid, CPR and Heimlich training, and a hiring timetable
   • fire and sanitation clearance letters
   • proof of insurance
   • an emergency medical plan and a nutrition plan
   • furniture and equipment for the ages you will serve
   • complete staff files
   • your record forms
   • a written plan for reaching full compliance within the permit period
   • a projected budget
   • a program description and daily schedule
   • a measured floor plan of indoor and outdoor areas
   • the risk management plan
   • a discipline policy

5. IDEC conducts a license study. This is a written review of the center against the standards, signed by the licensing representative and supervisor.⁠⁷

6. Open on the six-month permit. You may not serve children before the permit is issued. The permit cannot be renewed or backdated, and capacity on it is the maximum attendance at any time.⁠⁸⁠⁹ Your licensing representative makes monitoring visits during the permit period.⁠⁵

7. Receive the license. IDEC can issue it at any point within the six months, once you comply with Part 2008.⁠⁸

The state does not publish a processing time for centers. Its overview says timing depends on fire marshal and municipal inspections, background check results and, mostly, the applicant’s familiarity with the standards.⁠⁵

Fees, as published on 2026-10-12

IDEC charges nothing for the permit or the license.⁠⁸⁠⁹ The state notes that you still pay for medical exams, vaccinations, inspections and testing, equipment and training.⁠⁵ The radon test and lead-in-water lab are private services you pay for. Their prices are not set by rule.

Chicago. A day care in the city must also hold a City of Chicago Children’s Services Facility license. As published on 2026-10-12 it costs $165, plus a $40 processing fee for each controlling person and manager who must be fingerprinted. The license runs two years.⁠²¹ The city’s process includes these steps:⁠²¹

• a debt check
• fingerprinting of controlling persons and site managers
• stamped architectural drawings
• zoning review that sets drop-off and parking spaces
• inspections by the Department of Buildings, the Fire Department and the Chicago Department of Public Health
• a certificate of insurance of at least $300,000

After you open: monitoring, renewal and changes

IDEC must monitor every licensed center at least once a year. Representatives may visit without notice during operating hours.⁠¹⁠⁴ Monitoring reports are public on the state’s search tool.⁠⁴

The license lasts three years and is tied to the name and address on it. It cannot be transferred.⁠⁹ IDEC mails renewal forms 6 months before expiry. Your renewal is timely only if it arrives 3 months before expiry, with a radon result no more than 3 years old and updated Gateways proof.⁠¹⁰ Renewal includes a re-examination of the premises and records, and random surveys of parents.⁠¹

A change of name, address, ownership or corporate status needs a new application at least 30 days before the change.⁠¹⁰ Report a change of director by the next business day.⁠¹² Notify IDEC in writing within 7 days of any legal action that could affect operations.⁠¹¹ If IDEC revokes or refuses to renew your license, you must wait 12 months to reapply. Any new license carries conditions for at least 2 years.⁠¹⁠⁷

Related Illinois licenses

If your plan is home-based, read the day care home license guide. For intergenerational sites that also serve older adults, the adult-side licenses are separate and come from the Department of Public Health. See the assisted living establishment license and home services agency license guides. For other states, see child care center licensing by state or the Illinois overview.

Sources

1. 1
   Illinois General Assembly, Child Care Act of 1969, 225 ILCS 10 (full text, including Sections 3.01, 4.01, 5.01, 5.7 and 6.1) Checked 12 Oct 2026 · Back to text ↑
2. 2
   Illinois General Assembly, 225 ILCS 10/2.09, early care and education center Checked 12 Oct 2026 · Back to text ↑
3. 3
   Illinois General Assembly, 225 ILCS 10/3, license requirement, exemptions and Recognized Alternative Providers Checked 12 Oct 2026 · Back to text ↑
4. 4
   Illinois Department of Early Childhood, Child Care Licensure Checked 12 Oct 2026 · Back to text ↑
5. 5
   Illinois child care licensing (Sunshine website), Overview of the Licensing Process (Illinois Sunshine website) Checked 12 Oct 2026 · Back to text ↑
6. 6
   Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.45, Definitions Checked 12 Oct 2026 · Back to text ↑
7. 7
   Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.50, Application for License Checked 12 Oct 2026 · Back to text ↑
8. 8
   Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.65, Provisions Pertaining to Permits Checked 12 Oct 2026 · Back to text ↑
9. 9
   Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.60, Provisions Pertaining to the License Checked 12 Oct 2026 · Back to text ↑
10. 10
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.55, Application for Renewal of License Checked 12 Oct 2026 · Back to text ↑
11. 11
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.70, Organization and Administration Checked 12 Oct 2026 · Back to text ↑
12. 12
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.90, Staffing Structure Checked 12 Oct 2026 · Back to text ↑
13. 13
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.100, General Requirements for Personnel Checked 12 Oct 2026 · Back to text ↑
14. 14
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.130, Qualifications for Child Care Director Checked 12 Oct 2026 · Back to text ↑
15. 15
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.140, Qualifications for Early Childhood Teachers and School-age Workers Checked 12 Oct 2026 · Back to text ↑
16. 16
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.150, Qualifications for Early Childhood Assistants and School-age Worker Assistants Checked 12 Oct 2026 · Back to text ↑
17. 17
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.190, Grouping and Staffing Checked 12 Oct 2026 · Back to text ↑
18. 18
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.370, Physical Plant/Indoor Space Checked 12 Oct 2026 · Back to text ↑
19. 19
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.390, Outdoor Play Area Checked 12 Oct 2026 · Back to text ↑
20. 20
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.240, Evening, Night, Weekend, and Holiday Care Checked 12 Oct 2026 · Back to text ↑
21. 21
    City of Chicago, Business Affairs and Consumer Protection, Children Services (Children's Services Facility license) Checked 12 Oct 2026 · Back to text ↑
22. 22
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.110, Background Checks for Personnel Checked 12 Oct 2026 · Back to text ↑
23. 23
    Illinois Joint Committee on Administrative Rules, 23 Ill. Adm. Code 2008.40, Purpose and Applicability Checked 12 Oct 2026 · Back to text ↑

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