Opening a daycare center allows you to care for and educate children while running a business that supports families in your community. Each type of childcare facility in Delaware has specific licensing requirements. Before starting a daycare in Delaware, you need to determine the type of childcare license that will help you meet your business needs and goals.

This article will outline the different types of childcare programs in Delaware, the licensing requirements, application process, and how to stay compliant.

Do I need a childcare license in Delaware?

The Office of Child Care Licensing (OCCL) administers Delaware's childcare licensing. OCCL provides licensing services for five types of childcare facilities: 

• Family Child Care Homes: Childcare services offered in a private residence with no more than nine children depending on the licensee's training. 
• Large Family Child Care Homes: Childcare services offered in a private home or a non-residential commercial setting for a maximum of 12 preschool-aged children or younger and one or two school-aged children. This license depends on zoning codes.  
• Child Care Centers: Child care provided in a non-residential commercial setting for 13 or more children.
• Residential Child Care Facilities and Day Treatment Programs: Childcare services for children with behavioral, developmental, emotional, or mental disorders, physical impairments, or chemical dependencies.
• Child Placing Agencies: Services for adoption and foster care.

Family child care homes, large family child care homes, and childcare centers are some of the most common childcare organizations. Read on to learn about the requirements and application process for Delaware's most common types of childcare businesses.

Childcare licensing requirements in Delaware 

Whether you are opening a center-based or home-based childcare center, you must ensure you're eligible and meet the requirements for the type of childcare program you want to open. 

Child care centers

Staff qualifications

Administrators at licensed child care centers must be at least 21 years old and have a bachelor’s degree. Administrators with bachelor’s degrees in a field unrelated to early childhood education must complete at least 15 credit hours from an accredited college or university, including at least three credit hours in a childcare-related field and at least three credit hours in an early childhood elective.

Administrators who work in a Montessori program can become qualified by earning a Montessori Full or Associate Credential from a MACTE-approved training program.

All childcare staff members who provide direct care to children must receive annual training in CPR, first aid, and the administration of medication.

Staff-to-child ratios

Child care centers in Delaware must abide by the following staff-to-child ratios and group size limits for each age group:

• Infants up to 1 year old: A maximum of 8 infants in a group with one staff member for every 4 children (1:4).
• Young toddlers up to 2 years old: A maximum of 12 young toddlers in a group with one staff member for every 6 children (1:6).
• Older toddlers up to 3 years old: A maximum of 16 older toddlers in a group with one staff member for every 8 children (1:8).
• Young preschoolers up to 4 years old: A maximum of 20 young preschoolers in a group with one staff member for every 10 children (1:10).
• Older preschoolers up to 5 years old: A maximum of 24 older preschoolers in a group with one staff member for every 12 children (1:12).

The age of the youngest child present determines staff-to-child ratios and group size requirements for mixed-age groups.

Building requirements

Childcare centers must meet indoor and outdoor space requirements.

• You must have written certification of zoning, building construction, safety, sanitation, and fire safety compliance, including certification from the Department of Natural Resources and Environmental Control. If your center uses well water, you’ll need certification from the Department of Health and Social Services Office of Drinking Water.
• Childcare centers must have at least 35 square feet of usable floor space for each child in each area or room children use. This measurement does not include restrooms, kitchen areas, isolation areas for ill children, offices, storage spaces, hallways, furnace rooms, gymnasiums, and other areas not used as classroom space.
• Children must have access to an outdoor play area with at least 75 square feet for each child.

Health and safety requirements

Childcare centers must meet health and safety requirements.

• If a child shows signs of illness, they must be removed to a separate area.
• Staff members must report incidences of infectious diseases to the Department Division of Public Health.
• A staff member certified to give medication to children with a valid Administration of Medication certificate from OCCL must be at the center at all times.
• Radon testing must be performed every five years between October and March and within six months after remodeling, renovations, or construction.

Family child care homes

Staff qualifications

A family child care provider must be at least 18 years old, have a high school diploma or equivalent, be certified to administer medications, first aid, and CPR, and complete pre-service and annual health and safety training.

Family child care homes are classified as either Level I or Level II. A provider can request written approval from OCCL to move from a Level I to a Level II family home.

Capacity requirements

Family child care homes must abide by specific capacity requirements. Individuals who reside in the family child care home do not count toward the capacity requirements.

• At most, six children can be present at a Level I family child care home. Up to two of the children can be under the age of 12 months.
• A Level I family child care home can provide care for up to five children under the age of 5.
• At most, two children at a Level I family child care home may be under the age of 12 months. In addition, up to three of the children can be under the age of 24 months.
• A Level II family child care home can provide care for up to 6 children under the age of 5 and up to three additional school-age children who attend before and after school, during school holidays, and during school vacations.
• At most, two children at a Level II family child care home can be under 12 months old. At most, four of the children may be under 24 months old.

Building requirements

Family child care homes must abide by specific building requirements.

• 25 square feet of indoor space must be provided for each child. This does not include bathrooms, storage spaces, hallways, furnace rooms, and other areas children don’t use.
• The outdoor play area must be surrounded by sturdy fencing to protect children from high-traffic roads, pools and bodies of water, railroads, steep mounds or drop-offs, high-voltage wires, poles, towers, and other hazards.

Health and safety requirements

Family child care homes must abide by specific health and safety requirements.

• Children who show signs of illness cannot enter or remain in the family child care home.
• A staff member must have a valid Administration of Medication certificate from OCCL to give medication to children.
• There must be at least one complete first aid kit in a facility.
• A provider must have an emergency preparedness plan that describes emergency procedures that will be followed in an emergency. 

Large family child care homes

Staff qualifications

A large family child care home provider must be at least 21 years old and have a high school diploma. Providers must complete pre-service and annual training and be certified to administer medications.

Staff-to-child ratios

Large family child care homes must abide by specific staff-to-child ratios. Individuals who reside in the household do not count toward the large family child care home ratios.

• A provider and an assistant or aide must be present when 7 or more children under five years old are present in the center.
• At most, 12 children may be present at the home at any time.

Building requirements

Large family child care homes must meet building requirements.

• A provider must have written certification that the home complies with zoning, building construction, and fire safety regulations.
• A large family home must be free of unacceptable exposure to hazardous materials and substances.
• An outdoor play area must be fenced. The fenced area must have at least two exits, with at least one exit facing away from the building.

Health and safety requirements

Large family child care homes must meet health and safety requirements.

• Children who show signs of illness cannot enter or remain in the family child care home.
• A staff member must have a valid Administration of Medication certificate from OCCL to give medication to children.
• There must be at least one complete first aid kit in a facility.
• A provider must have an emergency preparedness plan that describes emergency procedures that will be followed in the event of an emergency.

The OCCL requires that all licensees keep detailed records on their children and staff. A tool like brightwheel's center management feature can simplify your record keeping and reporting process, saving you valuable time.

Childcare license application in Delaware

Once you’ve determined the type of childcare license needed for your business and become familiar with the regulations, you can begin the application process. The application process will vary according to which license you file for. Here’s a summary of the overall steps to take to apply for a license. 

Step 1: Attend an orientation

The first step is to attend OCCL’s information session and orientation to learn about the application process and regulations. 

Step 2: Submit a completed initial license application

Your application submission will include detailed information about yourself, the child care you will provide, your staff, and the facility. Before applying, you should choose your facility’s name and business structure. There are several supplementary documents you’ll submit with your application, including:

• Blueprints or diagrams of the center
• A sample two-week menu if you’re providing meals or a copy of your chosen caterer’s food establishment permit 
• Business plan
• A deed, lease, or documentation that proves you’ll own or enter into a lease for the facility before receiving your license
• Fire marshal approval for the state fire marshal or designated marshal within city limits of Wilmington, Newark, New Castle, or Dover if a child care center, or an electoral inspection of the home if operating a family child care home
• Proof of compliance with zoning codes and a certificate of occupancy 
• Lead-paint risk assessment if the center or home was built before 1978
• Comprehensive background checks for yourself, the early childhood administrator, and early childhood teachers
• If operating a home-based family childcare home, all adult household members, substitutes, staff members, and adult volunteers must complete background checks and state and federal fingerprinting  
• If you are present at the center, your health appraisal must verify that you do not pose a risk of transmitting tuberculosis to children or other staff within one year before the application date
• Documentation of completion of pre-service training in the following topics if the child care is family and home-based:
  • Six hours of quality-assured child development
  • Three hours of quality-assured positive behavior supports or social-emotional development
  • Prevention and control of infectious diseases, including immunization
  • OCCL’s approved Health and Safety Training for Child Care Professionals 
• Parent and staff handbooks 
• Evidence showing the rooms used for child care are free of radon hazards according to the Environmental Protection Agency's guidelines
• Certificate of liability insurance due by the pre-licensing visit
• State business license or verification of tax-exempt status

Step 3: Pass your on-site inspection

After you’ve completed your application, a licensing specialist will review the application and inspect the facility to determine if you’ve met compliance. If you’ve met compliance, they will recommend issuing a license. 

Step 4: Receive your provisional license 

If OCCL determines you should receive a provisional license, it is valid for six months. 

Step 5: Receive your compliance review 

While your provisional license is active, a licensing specialist will perform a compliance review before it expires. If it is determined that you’ve met compliance, you will receive a provisional or annual license, depending on if you’ve met full compliance. The provisional license is valid for six months, while the annual permit is valid for one year. 

For a more detailed look at the steps required for the particular license you are applying for, download the regulation documents from the OCCL site. The documents contain a complete and comprehensive list of the steps needed for the application process as well as the documents. You’ll also find the information needed for background checks.

Once your application has been approved, you can officially open your facility. Creating a detailed marketing plan can help you determine the best ways to raise awareness about your business and advertise to prospective families in your community.

How to stay compliant with a daycare license in Delaware

As a licensed childcare provider in Delaware, you must comply with the state’s childcare laws and licensing regulations. Your annual license is valid for one year. To renew your license, you’ll have to submit a completed renewal license application for your family child care home, large family child care home, or child care center to OCCL at least 60 days before the current license expires that includes a sample two-week menu of meals or snacks (if applicable), a certificate of liability insurance, and a copy of your current state business license unless tax-exempt verification is provided. 

During an unannounced annual compliance review, a licensing specialist or supervisor will verify that the licensee complies with these regulations. If you are found to be noncompliant with the regulations, you will be cited and given a corrective action plan. Additionally, OCCL may suspend your license if they determine children's health, safety, or well-being is in serious or imminent danger. 

Conclusion

Properly licensing your daycare by following these procedures will keep your business compliant with Delaware’s childcare regulations. In addition, licensing your facility will protect your business and show the OCCL and the families in your community that you are committed to making sure the children in your care are safe, healthy, and enriched.