Ohio child care center license: DCY rules, steps and the provisional year

Center, Type A home or exempt program

Ohio defines a child care center as “any place that is not the permanent residence of the licensee or administrator” where care is provided for seven or more children at one time.⁠¹ The deciding factor is the building, not the size of the program. If you care for 8 to 14 children in the administrator’s permanent residence (or 4 to 14 when four or more are under age two), it is a Type A family child care home. One to 7 children there, with no more than three under age two, is a Type B home.⁠¹ Move the same group into a church basement, storefront or leased classroom and you need a center license. Both home types are covered in the Ohio family child care home guide.

ORC 5104.02 makes it unlawful to “operate, establish, manage, conduct, or maintain a child care center” without a license under section 5104.03. Every Head Start program must meet the criteria for a center and be licensed as one.⁠²

The same section exempts several program types from Chapter 5104 altogether, including:⁠²

• programs that run two consecutive weeks or less and no more than six weeks in a calendar year;
• care in a place of worship during religious activities while a parent participates and is readily available;
• instruction in a specific area (art, dance, sports, computers, an academic subject) that no child attends more than eight hours a week;
• programs where a parent stays on the premises and no child is in care more than two and one-half hours a day;
• programs regulated by another state department;
• preschool and school child programs licensed by DCY under ORC 3301.52 to 3301.59 (Head Start is the exception: it still needs a center license);
• certain out-of-school youth development programs run by 501(c)(3) organizations, programs tied to nonchartered, nontax-supported schools that file a yearly compliance report with DCY by September 30, some local-government and park district programs for children five and older, and home education learning pods.

Inside the center license, the rules recognize several variants that follow most of Chapter 5180:2-12 with listed exceptions. A drop-in center serves children on a temporary, irregular basis, meaning no more than 30 days a year for any child. A part-time center gives no more than four hours of care a day per child, or runs no more than 15 weeks per summer. A parent cooperative is run by its member parents without gain. A mobile preschool is a part-time unit with a movable classroom.⁠¹⁵

The 2025 renumbering and the July 2026 rewrite

The Department of Children and Youth now licenses centers, and the director of children and youth is responsible for licensing centers.⁠² House Bill 33 of the 135th General Assembly moved the center rules to the 5180 numbering on January 2, 2025. DCY’s rules page lists the chapter as Licensing of Child Care Centers (5180:2-12).⁠¹⁹ Older guides, forms and training materials still cite 5101:2-12 or the Ohio Department of Job and Family Services.⁠¹⁶

DCY Transmittal Letter No. 48, dated June 18, 2026, made these changes in the five-year review effective July 1, 2026:⁠¹⁶

• The application no longer asks for a plan of operation. You submit a detailed, labeled site plan of the indoor and outdoor space instead.
• Employees no longer need a medical exam or medical statement. Tuberculosis screening moved to before the first day of work, and MMR and Tdap records are due within 30 days.
• A separate space and a continuous barrier for children under two and one-half are no longer required. DCY must approve any space used for that age group before you use it.
• Quarterly playground inspection paperwork was dropped. Daily checks of outdoor space continue.
• Four policies were added to the parent and employee handbook: a written security plan, a policy against exposing children to inappropriate language, media or behavior, a social media policy, and a policy on AEDs and emergency medications such as naloxone.
• Inspection findings now carry point values, and DCY gained new “ministerial” closure grounds. One applies when no children have been enrolled and attending for 24 months and the center refuses to close voluntarily.

Rules 5180:2-12-04, -06, -10 and -18 were not part of the review and still carry their October 29, 2021 effective dates.⁠⁶⁠⁷⁠¹¹⁠¹³

The building: occupancy, fire and food sign-offs

Before DCY will license you, three local or state authorities must sign off on the building. All three documents are required by OAC 5180:2-12-04, and the application rule lists them as items you submit before licensure.⁠⁴⁠⁶

A license “will not be issued without the certificate of occupancy.”⁠⁴ A major alteration that triggers a new certificate includes cutting away walls or bearing supports, changing exits, relocating gas, water, waste or vent piping, electrical wiring, or HVAC equipment, and any change that needs plan approval from the Ohio Board of Building Standards. A change of ownership with no change of use does not need a new certificate.⁠⁶

There are school exceptions. A program in a school building serving only children two and one-half and older is exempt from the certificate-of-occupancy requirement.⁠⁴ Care given only to school-age children in an existing public or chartered nonpublic school needs neither a new certificate nor a fire inspection.⁠⁶

On food, meals may come from an off-site food processing establishment registered with the Ohio Department of Agriculture. Keep a copy of its registration on file. If the center only receives the food and serves it, you still follow the local health department’s rules and may need your own food service license. A center in a school, church or similar building that already holds a food service license does not need its own. It must get written documentation from the food service operation instead.⁠⁶

DCY also will not license an address that is already licensed as a family child care home, or space licensed to another center.⁠⁴

Space and the outdoor play area

Licensed capacity is the maximum the space allows, unless you, the building department, the Ohio Department of Commerce, the state fire marshal or the local fire inspector set a lower limit.⁠⁴ OAC 5180:2-12-11 sets the space limits.⁠¹²

• Indoor: at least 35 square feet of approved, usable, wall-to-wall floor space for each child the center is licensed to serve. Bathrooms, hallways and storage rooms do not count. A bathroom can count if only enrolled children use it. Counted space must be available only for child care during all operating hours.
• Infants and toddlers: DCY must approve any room used for children under two and one-half years old before you use it. Each room or area still needs 35 square feet per child.
• Outdoor: an on-site outdoor space with at least 60 square feet of usable space per child using it at one time. It must be protected by a continuous fence with working gates, a natural barrier, or a combination of the two. Any body of water must be fenced off, and a center door alone is not a sufficient barrier.
• Indoor alternative: you can skip on-site outdoor space only if both conditions are met. First, you have an indoor recreation area of at least 1,440 square feet, separate from the required classroom space and scheduled for daily use. Second, a safe park or play area is regularly available and scheduled for daily use in suitable weather, with a safe, developmentally appropriate way to get there.
• Fall zones: at least 6 feet in every direction around climbing, swinging, balancing and sliding equipment, or 3 feet for equipment used only by children 6 to 23 months old. Leave 9 feet between two stationary pieces (4.5 feet for the infant-toddler equipment).

The application requires a detailed, labeled site plan with an indoor plan of the space and an outdoor play space diagram.⁠⁴ The rule does not say what measurements it must show, so ask DCY whether to mark square footage on each room and the play area.

The administrator

Every center needs an administrator named on the license. DCY requires the administrator’s qualifications before it issues the license.⁠⁴⁠⁸ Each qualifying path starts with a high school education. Appendix A to OAC 5180:2-12-07 then lists 12 options. The main ones are below.⁠⁸

One year of experience means 15 hours a week for 12 consecutive months.⁠⁸

Once named, the administrator must:⁠⁸

• complete DCY’s rules review course within six months of appointment, and a refresher every five years;
• complete DCY staff orientation within 30 days, unless they already completed center orientation or prelicensing training after December 31, 2016;
• be on site at least half of the center’s weekday operating hours, or 40 hours a week, whichever is less. Centers open evenings, overnight or weekends need an administrator on site at least 20 hours a week between 6 a.m. and 7 p.m., Monday through Friday.

When no administrator is in the building, a designated child care staff member is in charge. The designee does not need the administrator’s education.⁠⁸ If you replace the administrator, file the license amendment with the new person’s qualifications within 60 days.⁠⁴

Staff qualifications, ratios and training

Who can work in ratio. A child care staff member must be at least 16 and have a high school education. High school juniors and seniors also qualify if enrolled in, or finished with, an early childhood career-technical program, a CDA program, or an early childhood college-credit program. Education must be verified by the first day of work.⁠⁹

Health records. Before the first day, every employee signs a TB screening self-attestation. Anyone who lived in a high-burden country and arrived in the US within five years must be tested before starting. MMR and Tdap records, or a conscience or medical exemption, are due within 30 days.⁠⁹

Ratios and group size. These figures come from appendix A to OAC 5180:2-12-18 and must be posted in the center.⁠¹³

When age groups are mixed, the ratio for the youngest child applies. All ages may be combined when there are 12 or fewer children in the center. Once seven or more children are in the building, a second employee or staff member must be on site.⁠¹³

Training clock.⁠⁹⁠¹¹

• Staff orientation: within 30 days of hire. Until it is done, the person may count in ratio but may not be left alone with children.
• Child abuse and neglect recognition: within 60 days of hire.
• First aid and CPR for the ages served: within 90 days of hire. CPR must include an in-person component.
• Communicable disease management: at least one trained staff member on site in each building during all operating hours.
• Six clock hours of professional development each fiscal year (July 1 to June 30). Health trainings do not count toward the six hours.

Background checks. Owners, applicants, administrators, employees and child care staff members need a check covering:⁠¹⁰

• Ohio BCI and FBI fingerprint records;
• the national and state sex offender registries;
• Ohio’s child welfare information system (SACWIS);
• any state the person lived in during the previous five years.

The applicant’s own check is requested at the time of application.⁠⁴ Staff checks must be done before the first day of work and repeated every five years. Fingerprints are submitted electronically, and BCI sends the results directly to DCY. A new hire may not perform any duties or have access to children until DCY issues preliminary approval.⁠¹⁰

Applying through the Ohio statewide licensing system

1. Create an Ohio Professional Registry (OPR) profile. The owner or the owner’s representative starts here.⁠⁴
2. Complete center prelicensing training through the OPR. It must have been taken within the five years before you apply.⁠⁴ The official sources reviewed do not state the course’s length or cost, so ask DCY or check the course listing in the OPR before you budget for it.
3. File the online application and pay $50. The application is filed once DCY receives it electronically and the payment clears. Without payment, it is deleted after 120 days. The fee is nonrefundable, cannot be moved to another application, and is forfeited if you withdraw.⁠⁴
4. Request background checks for the owner and administrator at the time of application.⁠⁴⁠¹⁰
5. Upload the pre-licensure documents:⁠⁴
   • the certificate of occupancy;
   • the administrator’s name and qualifications;
   • the owner’s name, or for a corporation, partnership or association, every individual with an ownership interest;
   • business entity registration, if any;
   • the labeled indoor and outdoor site plan;
   • the fire inspection;
   • the food service license, exemption or ODA registration.
6. Pass DCY’s pre-license inspection. DCY inspects at least once before issuing the provisional license and sets your capacity for each age category.⁠³⁠⁵
7. Open under the provisional license. It lasts at least 12 months. To convert it to a continuous license, you must be in compliance, have children enrolled and attending, and have a qualified administrator named.⁠⁷

The hard deadline is the 12-month clock. If the center is not ready to license 12 months after filing, DCY deletes the application and keeps the fee.⁠⁴ Apply when the building work is close to done, not when you first sign a lease.

Before opening, the administrator must also prepare the written policies listed in appendix B to OAC 5180:2-12-07 and give them to parents and employees. These include enrollment, security, supervision, child guidance, suspension and expulsion, ADA compliance, illness, medication and emergency procedures. If you serve infants or toddlers, add a breastfeeding support policy.⁠⁸ OAC 5180:2-12-16 requires an emergency preparedness and response plan, posted evacuation diagrams, monthly fire drills, monthly weather drills from March through September, and lockdown drills each quarter.⁠¹⁴

Fees, as published

Both fees are set in OAC 5180:2-12-02.⁠⁴ The license is continuous, so the rule sets no renewal fee.⁠⁴ Local building, fire and health department charges are set locally and are not in the DCY rules.

Inspections, points and keeping the license

DCY inspects at least once before the provisional license, at least twice during the provisional period, and at least once each state fiscal year after that. At least one inspection is unannounced.⁠⁵ Each violation is scored. A moderate risk non-compliance is 3 points and a serious risk non-compliance is 6 points. Annual point totals can lead to licensing action or Step Up To Quality action.⁠⁵

A serious risk finding can lead to denial, revocation, a reduced quality rating or loss of funding. You also must notify every enrolled family in writing within 15 business days.⁠⁵ You file a corrective action plan in the licensing system, and you can request a review of a finding within 10 business days of receiving the report. Inspection reports are public through DCY’s child care search tool.⁠⁵

Changes you must report:⁠⁴

• A capacity increase must be approved before you serve the extra children.
• A move must be requested at least 30 days before your last day at the old site. Care cannot start at the new address until the license transfers. If the new site is not licensable within 90 days, the request closes and the fee is forfeited.
• The license stays continuous only while the owner is unchanged; a change of owner (including a corporation or partnership that no longer exists) ends that status.
• Changes to legal business owners must be entered in the licensing system within 30 days.
• A center with no children enrolled for more than 120 days must request temporary closure. Temporary closure cannot last more than 12 months.

DCY cannot issue another license to an owner for five years after a revocation. It cannot consider a new application for five years after a denial.⁠³

Publicly funded child care and Step Up To Quality

Ohio buys subsidized care only through a contract between DCY and a licensed provider, such as a licensed center. The provider agrees to be paid at the rate set under ORC 5104.30 and to stay licensed and in compliance.⁠¹⁷ ORC 5104.32 requires DCY to switch publicly funded child care payments from attendance to enrollment no later than July 9, 2028.⁠¹⁷

Step Up To Quality is Ohio’s tiered quality rating system, run by DCY with the Department of Education and Workforce. Participating programs may be eligible for grants, technical assistance and training, and programs that keep a rating may be eligible for unrestricted monetary awards. The statute ties financial incentives to programs that provide publicly funded care.⁠¹⁸ ORC 5104.32 lists what a contract must specify (the payment rate, staying licensed and compliant, and funding availability) and does not list a quality rating.⁠¹⁷ Ask DCY whether a rating is required for a center to hold a contract today.

What to ask DCY before you sign a lease

• The length and cost of the center prelicensing training.
• Whether your site plan should show room square footage.
• Whether the planned building and any space for children under two and one-half will be approved for those ages.
• Whether a Step Up To Quality rating is needed for a publicly funded child care contract.

Sources

1. 1
   Ohio Legislative Service Commission, Ohio Revised Code 5104.01, definitions (effective September 30, 2025) Checked 12 Oct 2026 · Back to text ↑
2. 2
   Ohio Legislative Service Commission, Ohio Revised Code 5104.02, license required; exemptions (effective April 9, 2025) Checked 12 Oct 2026 · Back to text ↑
3. 3
   Ohio Legislative Service Commission, Ohio Revised Code 5104.03, license application, inspection and issuance (effective January 1, 2025) Checked 12 Oct 2026 · Back to text ↑
4. 4
   Ohio Administrative Code, Department of Children and Youth, OAC 5180:2-12-02, application and amendments for a child care center license (effective July 1, 2026) Checked 12 Oct 2026 · Back to text ↑
5. 5
   Ohio Administrative Code, Department of Children and Youth, OAC 5180:2-12-03, compliance inspection and complaint investigation (effective July 1, 2026) Checked 12 Oct 2026 · Back to text ↑
6. 6
   Ohio Administrative Code, Department of Children and Youth, OAC 5180:2-12-04, building department inspection, fire inspection and food service (effective October 29, 2021) Checked 12 Oct 2026 · Back to text ↑
7. 7
   Ohio Administrative Code, Department of Children and Youth, OAC 5180:2-12-06, provisional license (effective October 29, 2021) Checked 12 Oct 2026 · Back to text ↑
8. 8
   Ohio Administrative Code, Department of Children and Youth, OAC 5180:2-12-07 and appendices A-C, administrator requirements and qualifications (effective July 1, 2026) Checked 12 Oct 2026 · Back to text ↑
9. 9
   Ohio Administrative Code, Department of Children and Youth, OAC 5180:2-12-08, employees and child care staff members (effective July 1, 2026) Checked 12 Oct 2026 · Back to text ↑
10. 10
    Ohio Administrative Code, Department of Children and Youth, OAC 5180:2-12-09, background check requirements (effective July 1, 2026) Checked 12 Oct 2026 · Back to text ↑
11. 11
    Ohio Administrative Code, Department of Children and Youth, OAC 5180:2-12-10, training and professional development (effective October 29, 2021) Checked 12 Oct 2026 · Back to text ↑
12. 12
    Ohio Administrative Code, Department of Children and Youth, OAC 5180:2-12-11, indoor and outdoor space (effective July 1, 2026) Checked 12 Oct 2026 · Back to text ↑
13. 13
    Ohio Administrative Code, Department of Children and Youth, OAC 5180:2-12-18 and appendix A, group size and ratios (effective October 29, 2021) Checked 12 Oct 2026 · Back to text ↑
14. 14
    Ohio Administrative Code, Department of Children and Youth, OAC 5180:2-12-16, emergency and health-related plans (effective July 1, 2026) Checked 12 Oct 2026 · Back to text ↑
15. 15
    Ohio Administrative Code, Department of Children and Youth, OAC 5180:2-12-01, definitions for licensed child care centers (effective July 1, 2026) Checked 12 Oct 2026 · Back to text ↑
16. 16
    Ohio Department of Children and Youth, Transmittal Letter No. 48, Five-Year Review of Child Care Center Rules (June 18, 2026) Checked 12 Oct 2026 · Back to text ↑
17. 17
    Ohio Legislative Service Commission, Ohio Revised Code 5104.32, publicly funded child care contracts (effective March 20, 2026) Checked 12 Oct 2026 · Back to text ↑
18. 18
    Ohio Legislative Service Commission, Ohio Revised Code 5104.29, Step Up To Quality program (effective September 30, 2025) Checked 12 Oct 2026 · Back to text ↑
19. 19
    Ohio Department of Children and Youth, Licensing and certification rules and resources Checked 12 Oct 2026 · Back to text ↑

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