Licensing a child care center in North Dakota: group facility or center

Center, group facility or something else

North Dakota’s child care statute has more license types than most states, and the line between them is set by how many children are present at once, not by the building. A license for group child care is required for at least 8 and no more than 30 children at any one time; a child care center license is required for more than 30.⁠¹ Below 8, you are in family child care or self-declaration territory, covered in the North Dakota family child care license guide.

Group child care is the tier many small commercial programs in North Dakota actually hold. HHS issues it either as a group-home license in a private residence or as a group-facility license in a non-residential building, for up to 30 children “dependent upon square-footage requirements, staffing ratios and local ordinances.”⁠⁷ It follows its own rule chapter, N.D. Admin. Code 75-03-09, while centers follow 75-03-10.⁠³⁠² HHS’s internal provider codes reflect the split: G is a group child care home, H a group child care facility, C a child care center.⁠⁸

There is a wrinkle in the law. The definitions section calls a child care center a program licensed for 19 or more children, and HHS’s Types of Childcare page also lists centers at “19 or more children,” while the license-required section and the group child care definition put everything up to 30 in group child care.⁠¹⁠⁷ The center kitchen rule, 75-03-10-18, speaks of “child care centers licensed for more than thirty children,” which implies centers can be licensed below 30, but none of the sources says whether HHS lets a new 19-to-30-child program choose a center license over a group-facility license.⁠² Ask your HHS licensing specialist which license it would issue before you design staffing around either rule book.

Other neighbouring licenses:

• Preschool (75-03-11): a program following a preschool curriculum that serves no child for more than three hours a day.⁠¹
• School-age child care (75-03-11.1): regular care for children aged 5 through 11.⁠¹
• Multiple licensed facility: more than one type of service under one roof, such as center plus preschool or group plus preschool. You follow both rule books, and the statutory fee is $50 for one year or $95 for two.⁠⁷⁠¹
• Public approval: a program run by a government entity certifies compliance to HHS instead of being licensed.⁠¹

The statute only reaches care given for money, goods or services for at least two hours a day on three or more days a week.⁠¹ One exemption matters to employers: onsite care in the actual building where the child’s parent works needs no license for up to 10 children per location.⁠¹

Before anything else: orientation and the CCL portal

HHS’s first step for every new program is the online Childcare Provider Orientation course. New owners and operators must finish it before HHS approves the license; new directors and supervisors must finish it within 30 days of employment.⁠⁴⁠⁵ The application itself is filed online through the Child Care Licensing (CCL) portal, where you upload documents, add staff and pay fees.⁠⁴ The Licensing Policy Manual names the form as SFN 843, signed by the owner or a board-designated representative with legal authority, with fees paid at application and not refunded.⁠⁸

HHS lists licensing specialists on its “Find a licensing specialist near you” page. The Early Childhood Services line is (701) 328-2115, toll-free (800) 997-8516.⁠⁶ HHS also contracts with Child Care Aware of North Dakota to help programs that are starting or expanding (1-800-997-8515).⁠¹³

Hiring a qualified director first

Under 75-03-10-09 the operator, meaning the person with operational responsibility for the program and premises, must designate a qualified director and make sure the director or an acting director is present at least 60% of the time the center is open. When neither is in the building, someone who meets supervisor qualifications must be on duty. An acting director must meet supervisor qualifications, and director qualifications if the arrangement runs longer than 30 days.⁠² If you, as operator, will also direct, you must meet the director standard yourself.⁠²

A director must hold one of these:⁠²

• a bachelor’s degree in early childhood education or child development;
• any bachelor’s degree, six months’ experience in a center or similar setting, and either 8 semester (12 quarter) hours of approved early childhood coursework, 120 hours of approved early childhood training, or an HHS-approved director’s credential;
• an associate’s degree in early childhood education or child development plus six months’ experience;
• any associate’s degree, one year’s experience, and one of the same three add-ons;
• an elementary education teaching certificate plus six months’ experience;
• a Child Development Associate (CDA) credential or an approved early childhood diploma program plus one year’s experience; or
• Montessori teacher certification, one year’s experience in a Montessori school or center, and one of the three add-ons.

Supervisors, who run daily activities and classrooms, need an associate degree in early childhood development, a CDA or approved diploma, Montessori certification, or a high school diploma or equivalency with one year of child care experience.⁠² Group child care is looser: a group supervisor may qualify through one year of exclusive experience caring for three or more children with two parent references, among other routes, and must be present 60% of the time children are in care.⁠³

If the director, operator or supervisor changes after licensure, you file a new application with the new person’s credentials; no fee is charged for that change.⁠⁸

Ratios and group sizes

Center ratios in 75-03-10-08 come with maximum group sizes, which group child care rules do not impose in the same way.⁠²⁠³

For mixed-age rooms, North Dakota uses a decimal method: each child counts as 0.25 (under 18 months), 0.20, 0.14, 0.10, 0.08 or 0.05 (ages 6 to 12) of a staff member. You add the decimals and round up to the next whole staff member when the fraction is 0.35 or more; below 0.35 the fraction is dropped. Any mixed group that includes children under 18 months is capped at 10 children.⁠² A child with special needs is placed by developmental age, not chronological age.⁠²

Two staffing details catch new operators. Cooks and housekeepers cannot be counted toward ratio while doing that work, and you must have enough qualified substitutes to cover staff who are sick or on leave.⁠² After two years of licensure an operator may request a ratio and group-size waiver of up to 0.25 per group; HHS policy adds that you must have had no correction orders in the last licensing year, and a waiver lasts no more than one calendar year.⁠²⁠⁸

Staff qualifications and training

Staff who care for or teach children must be at least 14, with written parental consent under 16, and anyone under 18 must be supervised by an adult staff member.⁠² Volunteers who provide care must meet the same qualifications.⁠² Every staff member needs:⁠²⁠⁵

• orientation to the center during the first week of employment, documented by the director;
• infant and pediatric CPR/AED and pediatric first aid certification within 90 days of hire and before any unsupervised access to children (online CPR counts only with an in-person skills test);
• the 15-hour “Getting Started” basic course within 3 months;
• one hour of safe sleep training before caring for infants, and mandated reporter training, both repeated every year.

Annual training hours for centers depend on the role and hours worked.⁠²⁠⁵

The same course cannot be counted again until three years have passed, except safe sleep and mandated reporter training. Substitutes (under 32 hours a month and not regularly scheduled) and emergency designees are exempt from annual hours but not from safe sleep and mandated reporter training. CPR and first aid do not count toward the hours.⁠²⁠⁵

Background checks

Owners, operators, staff members and emergency designees are fingerprinted under N.D.C.C. 50-11.1-06.2, and HHS checks for confirmed child abuse or neglect decisions before sending prints to the Bureau of Criminal Investigation.⁠¹ Checks must be approved before anyone has unsupervised access to children.⁠⁴ Since November 3, 2025, HHS background checks are requested online through the ND Gateway portal, and HHS’s own fingerprinting sites charge no fingerprinting fee.⁠⁹ The statute lets HHS charge up to $30 to process a check and lets other fingerprinting agencies charge a reasonable fee.⁠¹ A conviction is not an automatic bar unless HHS finds it bears directly on the person’s ability to run or work in the program or the person is not sufficiently rehabilitated.⁠¹

The building: space, fire, water and safety

Space. Plan for at least 35 square feet of usable indoor space and 75 square feet of outdoor play space per child. Bathrooms, pantries, exit passageways, floor under furniture children should not play on, and any area children may not use are excluded. If the yard cannot hold your full capacity, it must hold your largest class or group at 75 square feet each, and you keep a written outdoor schedule; 75 square feet per child of separate indoor recreation space for the largest group exempts you from the outdoor requirement.⁠² You submit a floor plan with square footage at initial licensure and whenever space changes.⁠⁸

Fire. The center needs an annual inspection by the local or state fire authority, with corrections filed with HHS, and smoke detectors and extinguishers as the fire department or state fire marshal recommends.⁠² A provisional license cannot be issued to a center that fails the fire or sanitation sections.⁠² Adding new space later means a new fire inspection and compliance with city and county ordinances, which HHS treats as your responsibility.⁠⁸

Plumbing and water. At least one flush toilet per 15 children (not counting children who are not toilet trained), hot and cold running water, faucets used by children no hotter than 120°F, and drinking water from an approved community system or a source tested and approved every year by the Department of Environmental Quality. A center not on municipal sewer needs a DEQ-approved wastewater system.⁠²

Other physical rules. Room temperature during the heating season must stay between 65°F and 75°F. Buildings erected before January 1, 1970 with peeling or chipped paint where children are present must be repainted or shown to be free of hazardous lead levels. Guns and ammunition are stored locked and separately, or with trigger locks. Cots, mats and cribs are single-occupancy with two-foot aisles. Swimming pools used by children need annual approval by the local health unit. Smoking is banned on the premises.⁠²⁠¹

The kitchen: a second license from Food and Lodging

A center licensed for more than 30 children that prepares meals must meet the child care food service establishment license requirements; serving only snacks or occasional cooking projects does not trigger an inspection.⁠² HHS tells programs to contact the local food licensing authority before starting any construction or changes to the facility.⁠⁶ Food and Lodging asks for the license application and plan review documents at least 30 days before you operate or begin construction, and allows up to 30 calendar days for review after payment.⁠¹⁰

Under N.D. Admin. Code 33-33-08-01, amended effective January 1, 2026, the annual food license fee for a child care facility is $60. A first-time applicant also pays a $100 license application administration fee, plus 50% of the annual fee when plan review is required (as published on 2026-10-12).⁠¹¹ The annual food safety inspection report is one of the documents you upload to CCL.⁠⁸ Group child care programs of 30 or fewer do not fall under this center rule.⁠⁶

Policies and documents you upload

The operator must write policies covering hiring and personnel, references and employment histories, staff evaluations, children’s activities and enrollment, staff and parent rights, accidents and illness, discipline and guidance, complaints and abuse reporting, children’s belongings, children who fail to arrive, and transportation if offered.⁠² HHS’s manual adds plans for burns and poisoning and an aquatic policy.⁠⁸ You also need a disaster plan developed with your local emergency management agency (evacuation, relocation, shelter-in-place, lockdown, family reunification, continuity of operations), monthly fire and evacuation drills, liability insurance against bodily injury and property damage, signed fee agreements with every parent, and a written program and daily routine available to parents.⁠²

The CCL upload list under policy 620-01-35-15 (revised May 13, 2026) includes:⁠⁸

• fire inspection and food safety inspection reports, and water and pool inspection reports if applicable;
• CPR/AED and first aid cards and proof of staff qualifications;
• background check memorandums for owners, operators, staff, emergency designees and volunteers;
• programming schedule and floor plan with square footage;
• SFN 517 Child Care Evacuation Disaster Plan;
• SFN 1423, the center licensing checklist (SFN 1425 for group);
• copies of required policies, proof of orientation, pet immunizations if any, and liability insurance;
• payment of fees.

From application to license

1. Confirm the license type and local rules

   Settle center versus group facility with your HHS licensing specialist, and check city zoning and ordinances, which HHS leaves to you.⁠⁸

2. Finish the Childcare Provider Orientation

   Required for the owner before approval and for the director within 30 days of hire.⁠⁵

3. Line up inspections

   Fire inspection, and if you will cook for more than 30 children, the Food and Lodging plan review and license; a water test if you are not on a community system.⁠²⁠¹⁰

4. Submit through CCL

   Application, staff, background checks, documents and the fee.⁠⁴⁠⁸

5. Licensing visit

   HHS policy requires the visit within 30 calendar days after the specialist has all required materials; the licensing supervisor then has 30 days to respond, and the license takes effect when the supervisor signs.⁠⁸ The statute requires HHS to grant a license within 30 days of a completed application that meets the standards.⁠¹

6. Provisional period if needed

   A new program that cannot yet show full compliance, including staffing, may get a six-month provisional license, with an unannounced visit at three months. You must sign a written waiver of certain hearing rights, post the provisional license and tell parents in writing.⁠⁸⁠²

The license is tied to the owner and the premises: a change of owner or location requires a new application, and the license states the maximum number of children you may admit.⁠² HHS denies applicants who had a license denied or revoked in the past 12 months, unless waived, or three or more times.⁠¹

Fees

As published on 2026-10-12, N.D.C.C. 50-11.1-03 sets these nonrefundable license fees:⁠¹

School-age child care is $40, set by HHS policy, and government-run public approval programs pay nothing.⁠⁸ The statute offers a one-year or two-year license, but the HHS manual describes SFN 843 as the application “for one year license,” and the rule on provisional licenses speaks of an unrestricted license expiring one year after issuance.⁠⁸⁠² The sources do not say when a two-year license is available, so ask HHS before you pay the two-year fee.

Inspections, correction orders and renewal

Licensing specialists visit every program at least twice a year, once announced and once unannounced, and the public childcare search shows each program’s visit results and correction orders for the past three years.⁠⁶ You must report to HHS within 24 hours any death, hospitalization, injury needing medical treatment, poisoning or medication error, emergency closure or relocation, and any fire or explosion.⁠²

Correction orders run on fixed clocks under 75-03-10-29: 24 hours for ratio, capacity and similar violations; 60 days to hire a qualified director or supervisor, complete a fire inspection, or finish substantial remodeling; 20 days for everything else. Within 10 business days of a mailed order (3 days if sent electronically) you notify every parent and post the order. You can refute an order in writing within five calendar days.⁠² Fiscal sanctions then accrue at $25, $15 or $5 per day per uncorrected violation depending on the rule broken, and a denial or revocation can be appealed within 10 calendar days.⁠² Operating without a license after written notice brings a $50-per-day civil penalty.⁠¹

File your renewal and fee 60 to 90 days before expiration; filing less than 60 days out doubles the fee.⁠¹

Getting paid: CCAP and startup grants

Centers can enroll in the Child Care Assistance Program (CCAP). Monthly full-time maximums for centers effective January 1, 2026 are $1,240 for infants, $1,124 for toddlers, $940 for preschoolers and $800 for children 6 up to 13, and registration fees are capped at $150 a year.⁠¹² HHS started a waitlist for new families on December 1, 2025, and from April 1, 2026 a child must attend at least 40 hours in the month for a full-time payment.⁠¹² Quality-rating bonuses are 5% at Step 3 and 10% at Step 4, and providers rated Step 2 or higher can claim $200 per infant and $115 per toddler.⁠¹²

The Grow Child Care Grant (2025-2027) pays newly licensed centers in desert counties (Dunn and Towner) $2,500 per slot and in ten high-needs counties $1,500 per slot, up to $100,000 either way. You must apply within 60 days of licensing, score at least 80 points on the business plan, and taking over an existing program does not qualify.⁠¹³ Since July 1, 2026 an Infant Toddler Expansion grant pays programs anywhere in the state $5,000 for adding 4 infant or 5 toddler slots in dedicated space, up to $20,000.⁠¹³

What is changing

Chapter 75-03-10 was last amended effective April 1, 2024.⁠² In 2025 the Legislature passed House Bill 1119, which ordered an interim study of child care licensing, including ratios and square footage, and created an advisory committee with two center representatives to work with HHS on a comprehensive revision of the child care rules, with a final report due by June 30, 2026.⁠¹⁴ The HHS Child Care Regulations page and the Administrative Code still showed the April 1, 2024 version of 75-03-10 on 2026-10-12, with no proposed amendments listed; ask HHS whether a rule revision is pending before you build to the current text.⁠² Separately, the food license fees in 33-33-08 changed on January 1, 2026, and background checks moved to the ND Gateway portal on November 3, 2025.⁠¹¹⁠⁹

Sources

1. 1
   North Dakota Legislative Branch, N.D. Century Code chapter 50-11.1, Early Childhood Services Checked 12 Oct 2026 · Back to text ↑
2. 2
   North Dakota Legislative Branch, N.D. Admin. Code chapter 75-03-10, Child Care Center Early Childhood Services (amended effective April 1, 2024) Checked 12 Oct 2026 · Back to text ↑
3. 3
   North Dakota Legislative Branch, N.D. Admin. Code chapter 75-03-09, Group Child Care Early Childhood Services Checked 12 Oct 2026 · Back to text ↑
4. 4
   North Dakota Department of Health and Human Services, Become a Childcare Provider Checked 12 Oct 2026 · Back to text ↑
5. 5
   North Dakota Department of Health and Human Services, Training Requirements Checked 12 Oct 2026 · Back to text ↑
6. 6
   North Dakota Department of Health and Human Services, Childcare Licensing Checked 12 Oct 2026 · Back to text ↑
7. 7
   North Dakota Department of Health and Human Services, Types of Childcare (Finding Child Care) Checked 12 Oct 2026 · Back to text ↑
8. 8
   North Dakota Department of Health and Human Services, Early Childhood Licensing Policy Manual Checked 12 Oct 2026 · Back to text ↑
9. 9
   North Dakota Department of Health and Human Services, Criminal Background Checks Checked 12 Oct 2026 · Back to text ↑
10. 10
    North Dakota Department of Health and Human Services, Food and Lodging, School and Child Care Food Service Checked 12 Oct 2026 · Back to text ↑
11. 11
    North Dakota Legislative Branch, N.D. Admin. Code chapter 33-33-08, Food Establishment License Fees (amended effective January 1, 2026) Checked 12 Oct 2026 · Back to text ↑
12. 12
    North Dakota Department of Health and Human Services, Child Care Assistance Program (CCAP) for Providers Checked 12 Oct 2026 · Back to text ↑
13. 13
    North Dakota Department of Health and Human Services, Early Childhood Program Grants Checked 12 Oct 2026 · Back to text ↑
14. 14
    North Dakota Legislative Branch, House Bill 1119, Sixty-ninth Legislative Assembly (2025), enrolled text Checked 12 Oct 2026 · Back to text ↑

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