Becoming a licensed family child care provider in Maine

Where the license line sits after the 2025 law change

Maine law defines a family child care provider as a person who provides day care in their own home, regularly and for pay, “for 4 to 12 children under 13 years of age” who are not the provider’s children or do not live in the home ⁠¹. Public Law 2025, chapter 135 raised the floor from 3 to 4. It also added an exemption: if you care for children who live with you plus no more than 3 other children, or 4 if at least 2 of them are siblings, and no more than 3 of all the children in your care are under age 2, you do not need a family child care license ⁠¹.

The licensing rule has not caught up. 10-148 C.M.R. Ch. 33, whose major substantive portions took effect May 27, 2022, still says no one may care for “more than two (2)” children who are not their own without a license ⁠². The statute is the higher authority. Still, ask your Child Care Licensing Specialist (OCFS lists 287-5020 to find yours ⁠³) how they apply the two texts before you plan around a third or fourth child. As of 2026-10-12 the OCFS licensing page lists Ch. 33 without an amended threshold and says nothing on how the two texts are reconciled, so ask your specialist in writing which count they use before you take a third or fourth child.

The subsidy rule already uses the new numbers. The Child Care Affordability Program (CCAP) rule treats a license-exempt provider as caring for up to two children until September 23, 2025. “Beginning on September 24, 2025,” that becomes up to three, or four if two are siblings, with no more than three under age 2 ⁠¹⁰. A separate statute still says a home caring for “one or 2 children” whose care is paid with state or federal funds does not need a license but must pass a criminal background check ⁠⁹.

Neighboring categories you might be confused with:

If you want to grow past 12 children or move care out of your residence, you need a child care facility license instead; see the child care center license page. You can license an outbuilding on the same premises as your residence as a family child care ⁠². The license covers only the premises it was issued for. It cannot be transferred to another provider, location or owner, so moving means applying again ⁠².

Operating without a license when one is required is a civil violation carrying a penalty of $500 to $10,000 per day, with each day a separate offense ⁠⁸.

Who can hold the license

OCFS’s checklist says you must be at least 18 and have a high school diploma or equivalent ⁠³. The rule adds that you must show you can run the program “with mature judgment” and keep complying with the rule ⁠². Two situations need extra steps:

• If you hold a foster care license for children, OCFS must approve before issuing a child care license ⁠².
• You must report every other license for a business run from the home when you apply ⁠².

If you rent, you need the landlord’s written approval ⁠².

Background checks for everyone 18 and older in the house

The provider, every staff member, and every household member over 18 must comply with the Child Care Provider Background Check Licensing Rule, 10-148 C.M.R. Ch. 34 ⁠². If disqualifying information turns up for you or a household member, no license is issued. The same applies if one of you refuses consent or knowingly makes a materially false statement ⁠².

The OCFS check is fingerprint-based. It covers the FBI and National Crime Information Center, the National Sex Offender Registry, and the state child abuse registry, crime repository and sex offender registry. It also covers every other state you lived in during the previous five years ⁠⁵. Fingerprinting is by appointment, and the checklist points to IdentoGO ⁠³. OCFS states the checks are currently “conducted at no cost to providers” and must be repeated every five years ⁠⁵. Each person receives a Letter of Eligibility. If it has not arrived within 21 calendar days of the fingerprint appointment, OCFS asks you to call 624-7903 ⁠⁵. Your licensing specialist reviews the letter ⁠³. You may not employ a staff member until they have furnished one ⁠².

Disclose any legal history on the application. The checklist warns that “inaccurate reporting may result in immediate denial” ⁠³.

Town approval and the State Fire Marshal come first

Two outside approvals gate the license, and the checklist stars both as priorities ⁠³.

Local code. Many Maine municipalities have ordinances on home child care, usually through zoning. OCFS requires written proof that your building and grounds meet local zoning, building, plumbing, sanitation and electrical ordinances wherever the town requires code compliance ⁠⁶. If no permit is needed, get that in writing. “If you are not given approval by the city/town, a child care license cannot be issued to you,” and the documentation must be kept on site ⁠³. OCFS publishes a one-page Compliance with Local Zoning and Building Ordinances form (revised July 22, 2024) for your town office to complete if the town has no form of its own ⁠⁶.

Fire safety. After you apply, OCFS asks the State Fire Marshal’s Office (SFMO) to inspect your home. The SFMO may send a list of deficiencies and ask for a plan of correction, and “licensing cannot proceed” until the home passes; the checklist lists the SFMO at (207) 626-3880 ⁠³. The rule spells out what the approval covers: it must note “where childcare may be provided (basements, specific rooms within property, and second or higher floors, including any restrictions on the ages of” children ⁠². Plan your space around that. By statute, the SFMO’s written compliance statement must be renewed at least every two years ⁠⁷. A new inspection is required when you change or add to the heating system, make major structural alterations, or start using new rooms. Ch. 33 asks you to notify OCFS of a heating change 10 days before installation ⁠²⁠⁷.

The daycare page the OCFS checklist links to now returns “page not found”. The SFMO’s current day care pages sort homes into day care homes (6 or fewer children) and group day care homes (7 to 12) and say the Department adopted NFPA standards ⁠¹². Its adopted-standards list shows NFPA 1 and NFPA 101 in the 2018 editions as of 2026-10-12 ⁠¹², but no page states which chapter applies to a licensed family child care home, so ask the SFMO at (207) 626-3880 before you buy smoke alarms or change a floor plan.

What the house needs

Most of Ch. 33’s physical requirements show up on a walk-through of an ordinary home:

• Space: at least 35 square feet of usable space per child. Hallways, cubbies, door swings, closets, supply cabinets and bathrooms do not count ⁠².
• Water: with a private well, you must test with a Maine-certified laboratory for fluoride, uranium, arsenic, a first-draw lead sample, nitrates and total coliform bacteria. After that, test for coliform and nitrates every year, and for fluoride, uranium, lead and arsenic every five years ⁠². With town water, you need one first-draw lead sample before licensure ⁠². If a contaminant shows up, you can operate under a written bottled water agreement with the Department, using bottled water for all drinking and food preparation and telling parents ⁠².
• Lead: unless the building dates from 1978 or later, was certified free of lead hazards within the past 12 months (or kept lead-safe by the rule’s re-evaluation schedule), or you serve no children under 6, the home gets an annual screening for chipped or peeling paint. A Maine-certified inspector must follow up if the screening shows a risk ⁠². The licensing specialist performs a lead hazards survey during the pre-licensing visit ⁠³.
• Carbon monoxide: a working carbon monoxide detection system ⁠².
• Stairs, outlets and furniture: handrails, gates for stairs used by children under school age, protected outlets, and tip-prone furniture secured to the wall or floor ⁠².
• Weapons: kept in a locked case, closet or cabinet during operating hours. Firearms must be unloaded, with ammunition locked separately ⁠².
• Outdoors: access to an outdoor play area with shade and drainage, fenced where hazards exist ⁠². Children over 12 months in care more than four hours need 60 minutes of active outdoor play daily ⁠².
• Pets: rabies vaccination records for every pet on the premises ⁠².

Sewage disposal must meet state rules during all hours of operation. If the system fails, you must close until it works again ⁠².

Ratios, capacity and counting your own children

Your licensed capacity tops out at 12, and the age mix sets how many adults you need. Your own children over age 4 who live with you are not counted in the ratio. Your own children under 4 are counted, and so are staff members’ children ⁠². You may not care for any child under six weeks old other than your own ⁠².

Scroll the table sideways to see every column.

Older children may fill younger children’s spaces, but not the reverse ⁠². OCFS can set a lower capacity if space is limited or unusually configured, if you have physical limitations, or if a child needs exceptional care ⁠². You may exceed capacity only for family emergencies or emergency school closings. Planned school closures do not count ⁠².

Staff members must be at least 16; anyone under 18 must be supervised by an adult staff member. Each staff member needs a high school diploma or equivalent, or must be in high school or a GED or HiSET program ⁠². Either you or one staff member must be 18 or older and hold adult and pediatric first aid and CPR, plus at least 6 hours of pre-licensing training ⁠². Providers and staff born after 1956 need a Certificate of Immunization for measles, mumps, rubella, tetanus, pertussis and diphtheria ⁠². Because you will often be alone with the children, the rule also requires a written crisis plan for getting help when only one provider is present ⁠².

Training before and after you open

Before licensure, the OCFS checklist lists these items ⁠³:

• adult, child and infant CPR and first aid. Courses without a hands-on skills assessment are not accepted.
• the pre-service course Getting Started in Family Child Care.
• Health and Safety orientation training through Maine Roads to Quality (MRTQ).
• registration in the MRTQ Registry.
• mandated reporter training through iLookout or the state’s online course.
• Department-approved transportation training and a Bureau of Motor Vehicles check, if you will drive children.

After you open, each staff member must finish orientation within 90 days of starting, and emergency procedures within the first week. Orientation covers 13 listed areas, including safe sleep and SIDS prevention, medication administration and food allergies ⁠². You and your staff then need 12 hours of training a year, counted from your license issue date. Mandated reporter retraining is required at least every four years ⁠².

Written policies OCFS expects to see

Ch. 33 requires paperwork that a home provider can easily underestimate ⁠²:

• Parent handbook covering 19 items, among them ages and numbers served, hours, fees and late-pickup charges, vacation policy, guidance methods, expulsion and suspension practices, medication administration, and emergency relocation.
• Staff manual with 15 policies, including safe sleep, inclusion of children with disabilities, interpretation for English language learners, release of children, and transportation if you offer it.
• Abuse and neglect policies: one for reporting suspected abuse to Child Protective Intake (1-800-452-1999), and one for what happens if an allegation is made against you, a staff member or a household member.
• Emergency preparedness plan covering evacuation and a relocation site, lockdown or shelter-in-place, parent notification, children with special needs, coordination with local emergency management, and continuing care afterward.

Fire evacuation drills must be held monthly using at least two exits, and evacuation drills for the emergency plan twice a year ⁠². Your licensing specialist provides sample policies and forms at the pre-licensing visit ⁠³.

Applying, step by step

The checklist says the steps can be done in any order, but it stars the ones to do first ⁠³. In practice the sequence runs:

1. Get landlord and town approval in writing

   Without the town’s approval, no license can be issued ⁠³.

2. Start background checks

   for yourself and every household member 18 or older, and wait for the Letters of Eligibility ⁠³⁠⁵.

3. Submit the application

   through the OCFS provider portal, which handles applications, inspections and action plans ⁠⁴. Include the fee, a floor plan and the Authorization for the Release of Personal History Information ⁠³. An application with no action from you is void after 60 days ⁠².

4. Pass the State Fire Marshal inspection

   , which OCFS requests after receiving your application ⁠³.

5. Send water test results

   and proof of CPR/first aid and pre-service training to your specialist ⁠³.

6. Complete the licensing specialist’s home inspection

   The specialist inspects the entire home and grounds and lists pending items. Once everything is met, the specialist recommends licensure, subject to supervisory approval ⁠³.

7. Submit a State of Maine vendor form

   if you will receive state payments ⁠³.

8. Enroll in Rising Stars for ME

   right after the license is issued ⁠³. The rule requires enrollment in the Quality Rating and Improvement System ⁠².

You cannot care for children until the license is issued ⁠². OCFS publishes no processing time.

License types, fees and renewal

A first-time provider receives a provisional license. So does someone relocating or reopening after a closure. It runs at least three and no more than 12 months ⁠². A full license follows and runs two years ⁠². A temporary license of up to six months covers a move when a state inspection is delayed through no fault of yours. Since PL 2023, c. 567, the statute also allows temporary licenses for new providers in emergencies ⁠¹⁠². A conditional license of up to 12 months is an enforcement tool ⁠².

Fees are non-refundable, and checks go to “Treasurer, State of Maine” ⁠². A returned check suspends licensing until the payment clears ⁠³. Apply for renewal at least 60 days before expiry. A timely application keeps your existing license in force until OCFS decides; a late one lets it expire ⁠².

Inspections, reporting and enforcement

By statute, OCFS must make at least one unannounced inspection between 6 and 18 months after the license is issued ⁠¹. The rule adds routine inspections on application, annually after initial licensure, on any license change, and for complaints ⁠². Inspection reports go on a public website for three years. You must post your license, latest inspection results and any enforcement action where parents can see them ⁠². Violations you cannot fix on the spot go into a Plan of Action, agreed within five business days ⁠².

Notify OCFS in writing within 24 hours if you plan an extended closure or change phone or email. The same applies to heating changes, structural alterations, playground changes, a new pool, or use of uninspected space ⁠². Appeals must be filed within 30 days of notice ⁠². After one denial or revocation you cannot reapply for one year, after two for two years, and after a third you can never be licensed again ⁠².

Extra rules if you take infants or offer overnight care

Section 18 adds requirements for children from six weeks to 36 months, and Section 14 sets the crib and bedding rules ⁠²:

• infants’ positions changed every 30 minutes while awake, and daily tummy time.
• infant equipment such as bouncers and swings used for no more than 30 minutes at a time.
• breast milk labeled with the child’s name and date, and stored according to the rule’s table.
• cribs or play yards meeting CPSC standards, one child per crib.
• no soft bedding for infants under 12 months.

Care between 12 a.m. and 6 a.m. counts as nighttime care under Section 19. Every sleeping room must be approved by the SFMO. A room above the first floor qualifies only if it has two exits, one leading directly outside ⁠².

Subsidy and state payments to licensed homes

Licensed family child care providers can take children on the Child Care Affordability Program. CCAP providers other than relatives must hold at least a Star One rating in Maine’s QRIS ⁠¹⁰. Licensed family child care providers are also eligible for the Early Childhood Educator Workforce Salary Supplement. The program must hold or have applied for an OCFS vendor code, and each educator must be active in the MRTQ Registry. As published on 2026-10-12, monthly amounts are $240 for Registry Levels 1-4, $360 for Levels 5-6 and $540 for Levels 7-8 ⁠¹¹. Staff at Registry Level 0 are not eligible ⁠¹¹.

Sources

1. 1
   Maine Legislature, Office of the Revisor of Statutes, 22 M.R.S. §8301-A, Child care facilities and family child care providers (as amended through PL 2025, c. 135) Checked 12 Oct 2026 · Back to text ↑
2. 2
   Maine Department of Health and Human Services, Office of Child and Family Services, 10-148 C.M.R. Ch. 33, Family Child Care Provider Licensing Rule (major substantive portions effective May 27, 2022) Checked 12 Oct 2026 · Back to text ↑
3. 3
   Maine DHHS, Children's Licensing and Investigation Services, Family Child Care Licensing Checklist (revised November 28, 2023) Checked 12 Oct 2026 · Back to text ↑
4. 4
   Maine DHHS, Office of Child and Family Services, Child Care Provider Licensing Checked 12 Oct 2026 · Back to text ↑
5. 5
   Maine DHHS, Office of Child and Family Services, Child Care Provider Background Checks Checked 12 Oct 2026 · Back to text ↑
6. 6
   Maine DHHS, Children's Licensing and Investigation Services, Local Code Compliance memo (May 2023) and Compliance with Local Zoning and Building Ordinances form (revised July 22, 2024) Checked 12 Oct 2026 · Back to text ↑
7. 7
   Maine Legislature, Office of the Revisor of Statutes, 22 M.R.S. §8304-A, Fire safety Checked 12 Oct 2026 · Back to text ↑
8. 8
   Maine Legislature, Office of the Revisor of Statutes, 22 M.R.S. §7702-B, Operating without a license; violations; penalties Checked 12 Oct 2026 · Back to text ↑
9. 9
   Maine Legislature, Office of the Revisor of Statutes, 22 M.R.S. §8302-B, Providers subject to standards Checked 12 Oct 2026 · Back to text ↑
10. 10
    Maine DHHS, Office of Child and Family Services, 10-148 C.M.R. Ch. 6, Child Care Affordability Program Rule (August 18, 2025 version) Checked 12 Oct 2026 · Back to text ↑
11. 11
    Maine DHHS, Office of Child and Family Services, Early Childhood Educator Workforce Salary Supplement System Checked 12 Oct 2026 · Back to text ↑
12. 12
    Maine Department of Public Safety, Office of State Fire Marshal, State Adopted NFPA Standards and Day Care & Nursery School pages Checked 12 Oct 2026 · Back to text ↑

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