Opening a licensed family child care home in North Dakota

Three home tiers, and where the license starts

North Dakota regulates home child care by headcount, not by how many families you serve. “Early childhood services” means caring for, supervising, educating or guiding children in exchange for money, goods or other services.⁠¹ Once you do that in your home, the state sorts you into one of three tiers:

Scroll the table sideways to see every column.

Sources: N.D.C.C. 50-11.1-01, -03 and -16;⁠¹ HHS regulations list.⁠⁶

The license trigger is in N.D.C.C. 50-11.1-03(1): a family child care license is required if you provide care for “four or more children ages twenty-four months and under, or six or seven children through age eleven at any one time which includes no more than three children under twenty-four months of age.”⁠¹ HHS puts the same line more simply: you must be licensed if you care for more than 5 children in total, or more than 3 children under 24 months.⁠⁴ Running a program that needs a license without one is a class B misdemeanor, and after HHS gives you written notice, each further day of unlicensed operation carries a civil penalty of $50.⁠¹

Self-declaration is not a license. It is “voluntary documentation” for up to five children in a private residence.⁠¹ It still involves a background check of everyone living in the home, CPR and first aid certification, a $15 fee and two monitoring visits a year, and it makes you eligible for the Child Care Assistance Program (CCAP).⁠¹⁠⁶ If you plan to stay at five children or fewer, compare the two before applying; HHS will issue only one in-home registration, self-declaration or license per residence.⁠²

If you outgrow seven children plus two school-age children, the next step is group child care, which HHS can license in a private residence as a “group-home” license or in a non-residential building as a “group-facility” license, up to 30 children depending on square footage, staffing ratios and local ordinances.⁠⁶ Group and center licenses are outside this guide; see child care center licensing for that tier.

A few arrangements fall outside the law entirely, including care in a medical facility for ill children, church or business drop-off care of up to four continuous hours while the parent is on the premises, federally funded Head Start, and programs certified by the U.S. Department of Defense family child care program.⁠¹

Counting the children in your house

Capacity is measured by who is physically present, not by enrollment.⁠² All children on the premises under age 12 count, including your own. Only your own child, foster child or grandchild who is over 11 is left out of the count.⁠¹ HHS policy adds that visiting children who are supervised by their own parent or another adult are not counted.⁠⁷

HHS describes licensed family capacity two ways: up to 7 children with a maximum of 3 under 24 months, plus 2 school-age children; or up to 4 children under 24 months, plus 2 school-age children.⁠⁶ “School-age” means at least five and under twelve.⁠¹ Note that a child under 24 months counts against the infant limit whether the child is enrolled or yours.

If a child with special needs attends, you use the child’s developmental age rather than chronological age to decide how many children you may take.⁠² HHS asks for documentation from a health care provider or the child’s IEP when developmental age is used.⁠⁷

Space can cap you below the statutory limit. The rule requires 35 square feet of usable indoor space per child and 75 square feet of outdoor play space per child.⁠² Bathrooms, pantries, passageways to outdoor exits, areas taken up by furniture or appliances children should not play on or under, and space children may not use are excluded.⁠² Crib space does not count unless the cribs are portable and folded away when not in use.⁠⁷ If you provide 75 square feet per child of separate indoor recreation space, the outdoor requirement does not apply.⁠²⁠¹

Before you apply: orientation and background checks

The first step HHS lists is the online Childcare Provider Orientation course. New owners and operators must complete it before a license or self-declaration is approved, and it is offered in English, Spanish and Somali.⁠³⁠⁵

Background checks come next because they take the longest to clear and cover more people than most founders expect. Under N.D.C.C. 50-11.1-06.2, the applicant, any emergency designee, staff members and household members are fingerprinted.⁠¹ HHS policy spells out the household rule: every resident 18 or older has a fingerprint-based check at application, renewal or annual review, or when they move in, and at least every five years; residents aged 12 through 17 submit form SFN 433 every year.⁠⁷ The rule also requires household members 12 and older to file a department-approved background check authorization at application, relicensure, or on moving in.⁠²

The check combines an FBI fingerprint check and the national sex offender registry with North Dakota criminal history, sex offender and child abuse and neglect records, plus out-of-state checks for anyone who lived outside North Dakota in the past five years.⁠⁴ Since November 3, 2025, HHS background check requests and fingerprint appointments are made online through the ND Gateway Portal.⁠⁸ HHS runs eight fingerprinting locations and does not charge a fingerprinting fee there; a law enforcement agency may charge its own.⁠⁸ The statute lets HHS charge up to $30 to process the criminal history request.⁠¹ A completed check stays valid for five years unless the person leaves child care employment for more than 180 days.⁠¹

A conviction is not an automatic bar unless it bears directly on the person’s ability to provide care or the person is not sufficiently rehabilitated.⁠¹ The rule does list offenses, including homicide, kidnapping, sexual offenses, assault, domestic violence, arson, robbery and child abuse or neglect, that keep the person away from children in care.⁠² If someone in your house has a record, HHS can issue a restricted license that bars that person’s presence while children are in care.⁠²

Getting the house ready

Chapter 75-03-08-14 is the physical-plant rule, and HHS will not issue even a provisional license if you are out of compliance with it.⁠² The items inspectors check include:

• Fire inspection. You must meet local fire and safety standards and obtain a fire inspection before licensure and every year after. Any inspection fee is yours to pay, and you file the inspector’s written statement with HHS.⁠²
• Smoke detectors and extinguishers. One smoke detector in each sleeping area used by children, plus one smoke detector and one fire extinguisher per level.⁠²
• Water. Drinking water from an approved community system, or a source tested and approved each year by the Department of Environmental Quality. Faucets children use may not exceed 120°F.⁠² Rural homes on wells should plan for the annual test.
• Bathroom and phone. An indoor bathroom with at least one sink and one flush toilet, and a working telephone where care takes place with parent and first responder numbers posted.⁠²
• Hazards. Guns and ammunition locked separately, or trigger locks; chemicals, medicines, uncovered outlets and poisonous plants out of reach; railings and gates on stairs and porches.⁠²
• Outdoor area. Play areas near busy streets or other hazards must be fenced or have natural barriers, and must be checked daily.⁠² HHS policy suggests barriers of at least four feet with no gap of 5 by 5 inches or larger.⁠⁷
• No smoking anywhere on the premises.⁠¹

Pets need planning. Only cats, dogs and small pets in an aquarium or other approved container (wire cages do not qualify) may be in areas children use, other animals must be behind a solid barrier, and pet immunizations must be documented.⁠² Swimming pools used by children need annual approval from the local health unit, and HHS policy says pools without that inspection may not be used during care hours.⁠²⁠⁷ Hot tubs may not be used during care hours and must have a locked cover if they sit in a care area; trampolines are allowed only with one child at a time, a safety net, written parent permission and liability insurance that covers them.⁠⁷

For infants, the rule requires back-sleeping, a crib or portable crib meeting Consumer Product Safety Commission standards, and no adult beds, sofas or other soft surfaces for sleep.⁠²

State law has no zoning step for family homes, but HHS policy tells providers it is their responsibility to meet applicable city ordinances when capacity changes.⁠⁷ Check with your city before you sign a lease or remodel.

Policies and plans you upload

HHS policy 620-01-35-15 lists what you upload to the CCL portal before the licensing visit. For a new family home that includes the application, the annual fire inspection report, a floor plan with square footage, the SFN 517 Child Care Evacuation Disaster Plan, the SFN 1422 family licensing checklist, CPR/AED and first aid cards, background check memos, a programming schedule, water and pool inspection reports if they apply, pet immunization records and liability insurance if it applies.⁠⁷ The same list includes an “annual food safety inspection report”; HHS separately says a program in a private home licensed for 30 or fewer children does not need a food license.⁠⁷⁠⁴ The policy list does not mark the food report “if applicable” the way it does the water and pool reports, so ask your licensing specialist whether a home program must upload one and what document satisfies it.

Your written parent policies must cover how accidents and illnesses are handled, discipline and guidance methods, how a parent or staff member reports a complaint, licensing violation or suspected abuse, hiring and personnel practices, parents’ right to request daily reports on eating, napping and diapering, what you do when a child fails to arrive, and transportation if you provide it.⁠² HHS also lists an aquatic policy for family programs.⁠⁷

The disaster plan must be developed with your local emergency management agency and cover evacuation, relocation, shelter-in-place, lockdown, family reunification, continuity of operations and accommodations for infants and children with disabilities. Fire and evacuation drills are monthly.⁠² If you transport children, you need a written transportation policy before licensure, liability insurance, and drivers 18 or older.⁠²

Applying and the licensing visit

1. Complete the orientation course

   Register through the ND Early Childhood Hub; it is required before approval.⁠⁵

2. Call your licensing specialist

   HHS assigns licensing specialists by county and lists them on its contact page; the main Early Childhood line is (701) 328-2115 or (800) 997-8516.⁠¹¹⁠⁴

3. Start background checks

   Register the business and submit checks for yourself and household members through the ND Gateway Portal, then book fingerprints.⁠⁸⁠⁷

4. Get the fire inspection and, if needed, the water test

   Both must be on file before licensure.⁠²

5. Apply in CCL

   Upload the application, policies, floor plan, disaster plan and checklist, add staff, and pay the fee in the Child Care Licensing portal. The owner, or someone with legal and administrative authority, signs.⁠³⁠⁷

6. Licensing visit

   HHS policy has the specialist complete the visit within 30 calendar days of receiving all required materials, and the supervisor respond within 30 calendar days after that. The license takes effect no earlier than the date the supervisor signs the packet.⁠⁷ The statute requires HHS to grant a license within 30 days of a completed application and supporting documents when the standards are met.⁠¹

7. Post the license

   Display it prominently in the home.⁠²

If you cannot show full compliance at the start, HHS policy issues an initial provisional license for six months, with an unannounced visit three months in; a second six-month provisional license is possible but extensions are not.⁠⁷ Under the rule a provisional license requires a written waiver of hearing rights, a signed statement of violations posted with the license, and written notice to parents.⁠²

HHS will deny an application if the applicant or anyone listed on it had a license or self-declaration denied or revoked within the previous 12 months (unless HHS waives it), or has three or more previous denials or revocations (the statute adds a three-year look-back on the most recent one).⁠¹ Unpaid fees, penalties or sanctions from a previous program also block issuance.⁠¹

Fees, sanctions and penalties

Fees are nonrefundable.⁠¹ The statute allows a two-year license and a $35 fee for it, while HHS policy describes the application as one for a one-year license.⁠¹⁠⁷ Policy 620-01-35-02 names the application form for a one-year license, and rule 75-03-08-06 says a provisional license is exchanged for an unrestricted license that runs one year.⁠²⁠⁷ Neither source says whether a new family home can ask for the two-year term, so ask your licensing specialist which term applies before you pay.

Training for you and anyone who helps

You must be at least 18, hold current infant and pediatric CPR/AED and pediatric first aid certification, finish a department-approved basic child care course within 90 days of licensure, and complete at least 9 hours of approved training every year, including 1 hour of mandated reporter training.⁠² One hour of safe sleep training is required before you care for infants and every year after.⁠² HHS’s basic course is “Getting Started,” 15 hours and free; online CPR/AED courses count only if you also pass an in-person skills test.⁠⁵ You may not repeat the same course for annual credit within three years, except safe sleep and mandated reporter training.⁠²⁠⁵

Helpers can be young. A staff member may be 14 (with written parental consent under 16), and a member of your immediate family may provide care from age 12.⁠² Staff need CPR/AED and first aid within 90 days and before any unsupervised access, the basic course within 90 days, annual mandated reporter training, safe sleep training before caring for infants, and a documented orientation in their first week.⁠² An adult staff member must be present at all times to supervise any staff member under 18.⁠² Volunteers who provide care must meet staff qualifications.⁠²

Day-to-day duties once licensed

You must personally be in the home at least 60 percent of the time children are in care.⁠² Within 24 hours you must report to HHS a child’s death or serious injury or illness requiring hospitalization, any injury needing medical treatment, poisonings or medication errors, emergency closures or relocations, and fires or explosions.⁠² Parents get unlimited access to observe their children while in care.⁠² Keep a copy of chapter 75-03-08 in the home along with each child’s enrollment, emergency-care authorization, immunization and annual health records.⁠²

Licensing specialists visit each licensed home at least twice a year, once announced and once unannounced.⁠⁴ Violations lead to a correction order. Some items, including ratio, discipline, posting the license and 24-hour incident reports, must be fixed within 24 hours; fire-inspection and remodeling items within 60 days; everything else within 20 days. You must notify every parent and post the order for at least five days.⁠² You can refute an order in writing within five calendar days.⁠² Monitoring results and correction orders from the past three years are public in the HHS childcare search tool.⁠⁴ A denial or revocation can be appealed in writing within ten calendar days.⁠²

Renewal, moves and changes

File a renewal 60 to 90 days before the license expires; inside 60 days the fee doubles.⁠¹ The CCL system sends a renewal letter 120 days before expiration, and if documents are still missing 30 days out, you must post a notice of late application at the home.⁠⁷⁠¹ Fire inspections, training and background documentation are reviewed every year.⁠⁷

A license covers only the person and address on it.⁠² Moving means a new application, fees, inspection and license number; a change of owner or license type needs a new application and fee; and a capacity increase needs a new application and floor plan, with re-measurement of space.⁠⁷

Getting paid: CCAP, food program and grants

Licensed family homes can accept CCAP and join the Child and Adult Care Food Program (CACFP).⁠⁶ CCAP pays providers directly. From January 1, 2026, the full-time monthly maximums for licensed family and group providers are $900 for infants (birth through 17 months), $880 for toddlers, $740 for preschoolers and $700 for children 6 to 13, compared with $646, $600, $531 and $529 for self-declared providers.⁠¹⁰ Since December 1, 2025, new families may be put on a waitlist before assistance starts.⁠¹⁰ Providers rated Step 3 or Step 4 in Bright & Early ND receive a 5 or 10 percent bonus, and providers rated Step 2 or higher can claim a flat $200 per infant and $115 per toddler for all infants and toddlers in care, not only those on CCAP.⁠¹⁰

HHS’s 2025-2027 Grow Child Care Grant pays newly licensed family and group programs in designated child care desert counties $2,500 per slot up to $75,000, and in high-needs counties $1,500 per slot up to $45,000. You must apply within 60 days of licensing, with a business plan scoring at least 80 points and a start-up budget.⁠⁹ HHS lists Dunn and Towner as desert counties and Benson, Divide, Griggs, Kidder, McLean, Morton, Mountrail, Oliver, Sheridan and Wells as high-needs counties.⁠⁹ A separate Infant Toddler Expansion award, effective July 1, 2026, pays $5,000 for adding 4 infant or 5 toddler slots in a dedicated space, up to $20,000.⁠⁹ Funding is offered only while it lasts.⁠⁹

Recent changes

• April 1, 2024: the latest amendments to chapter 75-03-08 took effect, including the provider training section and the facility rules.⁠² No pending rulemaking for the chapter was found as of 2026-10-12.
• November 3, 2025: HHS background checks and fingerprint appointments moved online to the ND Gateway Portal.⁠⁸
• December 1, 2025: CCAP began placing new applicants on a waitlist.⁠¹⁰
• January 1, 2026: lower CCAP maximum rates and revised quality bonuses took effect.⁠¹⁰
• 2026: HHS revised several licensing policies, including application contents (January 1), fees (February 20) and required documents and background checks (May 13).⁠⁷

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 75-03-08, Family Child Care Early Childhood Services (amended effective April 1, 2024) Checked 12 Oct 2026 · Back to text ↑
3. 3
   North Dakota Department of Health and Human Services, Become a Childcare Provider Checked 12 Oct 2026 · Back to text ↑
4. 4
   North Dakota Department of Health and Human Services, Childcare Licensing 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, Types of Childcare (Finding Child Care) Checked 12 Oct 2026 · Back to text ↑
7. 7
   North Dakota Department of Health and Human Services, Early Childhood Licensing Policy Manual Checked 12 Oct 2026 · Back to text ↑
8. 8
   North Dakota Department of Health and Human Services, Criminal Background Checks Checked 12 Oct 2026 · Back to text ↑
9. 9
   North Dakota Department of Health and Human Services, Early Childhood Program Grants Checked 12 Oct 2026 · Back to text ↑
10. 10
    North Dakota Department of Health and Human Services, Child Care Assistance Program (CCAP) for Providers Checked 12 Oct 2026 · Back to text ↑
11. 11
    North Dakota Department of Health and Human Services, Contact a Licensing Specialist Checked 12 Oct 2026 · Back to text ↑

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