Becoming a licensed childcare provider in Massachusetts is a great business endeavor whether you have years of experience working with children or are just starting out. In order to run a compliant business, however, you’ll need to understand all of the licensing requirements for childcare providers in the state.

This article will cover the different types of childcare licenses in the state of Massachusetts, licensing requirements, and steps to take to apply for the right license for your business.

Do I need a childcare license in Massachusetts?

The Massachusetts Department of Early Education and Care (EEC) recognizes three categories of childcare providers that are required to have a license: Family childcare programs, group and school age childcare programs, and residential and placement programs. 

Family child care

Family childcare programs are defined as child care that takes place in a provider’s home. These types of programs can provide care for up to six (6), eight (8), and ten (10) children under 14 years old. A licensed family childcare provider may care for up to 10 children if they employ an approved family childcare assistant in their program.

Group and school-age child care

Group and school-age childcare programs provide early education and care for young children on a regular basis outside of the provider’s home. Small programs can enroll up to ten (10) children, while large programs can enroll more than ten children, and each will have different requirements for licensing. Some programs begin as a small group and the daycare business expands into a large group. They are typically housed at locations within their communities, such as school buildings.

Residential programs and placement agencies

Residential programs and placement agencies are a category that is quite different from the others because it provides care under different circumstances. The residential programs include temporary shelters that provide specialized care and group care programs that may be community group homes or approved private schools for students with special needs. Temporary shelters cannot provide care for longer than 45 days, while group care can provide care for more than 45 days. These programs require a residential license if they are going to care for one or more children (without relation) on a 24-hour basis. 

Placement agencies include foster care placement agencies and adoption agencies. These programs require a placement license and must be incorporated in Massachusetts as a non-profit corporation before licensure. 

Certain providers are exempt from licensure because they meet certain criteria. If your childcare program doesn’t meet exemption criteria, you are required to apply for a license and be approved before you start a daycare center. A few types of programs that qualify for exemption are:

• Children of common parentage: All children are related to the caregiver by blood, marriage, or adoption.
• Regular basis: The childcare program operates one day per week or for no more than ten weeks per year.
• Occasional care: No child attends the program more than four hours per day and no child attends more than six days per month.
• During religious services: Child care is provided for short periods of time while their parents/guardians are attending religious services.
• Youth group or recreational sports league: The program is a scout meeting, youth group meeting, or recreational sports league.

• School vacations: The program only operates during school vacation weeks/days and is provided less than 30 days in a calendar year.

Childcare licensing requirements in Massachusetts

The childcare program licensing requirements will differ depending on the category. There are, however, a few requirements that will apply to every childcare provider. Take all of these requirements into account as you write a business plan for your daycare or preschool. Applicants for any program are required to complete the following for licensure:

• Within one year prior to licensing, the applicant must attend an orientation on early education and care approved by the department
• Determine a set licensed capacity that takes into consideration the size of the facility and the number of caretakers that the program agrees to be the maximum number of children in care
• Provide a copy of the building’s lead paint disclosure statement, certification of current CPR and first aid training, and health records
• Completion of all required trainings for early education providers and care providers
• Follow the designated minimum hiring requirements for all employees
• Complete the prerequisite standards for licensure
• Pass background checks for all required staff members

Family child care

Provider requirements

If you are going to start a preschool in your home, there are minimum age and education or training requirements that you must meet in order to apply for a family childcare provider license. The requirements for a licensing applicant are:

• At least 18 years of age
• Certification in basic CPR and first aid that is age appropriate for the children in care
• Applicants who will care for six or fewer children must meet at least one of the following qualifications:
  • One year of experience as a parent
  • One year of full-time experience, or the equivalent, in caring for children younger than 12 years of age
  • Nine months of full-time experience in caring for children younger than 14 years of age and completion of 15 hours of training, approved by the department, not including the EEC educator orientation
  • Six months of full-time experience in caring for children younger than 12 years of age and completion of 30 hours of training, approved by the department, not including the EEC orientation
  • Qualification as a teacher or site coordinator by EEC
• Applicants who will care for seven or eight children, at least two of whom must be school age, must have completed a pre-service training approved by the department within the last year and meet at least one of the following:
  • Two years of experience as a family child care licensee or certified assistant; or
  • One year of experience as a family child care licensee or certified assistant and either one additional year caring for unrelated children in a group setting or EEC certification as a teacher or site coordinator
• Applicants who will care for nine or ten children must have completed a five-hour pre-service training approved by the department within the last year and must meet at least one of the following:
  • Two additional years caring for unrelated children in a group setting, which may include experience as a family child care licensee or certified assistant; or
  • EEC certification as a teacher or site coordinator and one additional year of experience caring for unrelated children in a group setting, which may include experience as a family child care licensee or certified assistant

Facility requirements

There are also requirements for the home in which a family childcare provider holds their program. These requirements are set in order to ensure children are in a suitable, safe environment. The main requirements are:

• A safe, clean, well maintained space in good repair and free from hazards and clutter
• Exits and evacuation routes clear of obstructions
• Fire inspection approval
• Water source inspection approval
• Clean, safe outdoor play area of at least 75 square feet per child who is outside at any time
• Sufficient space for children to eat, play, move, and learn:
  • A minimum of 150 square feet of approved activity space for one or two children
  • A minimum of 225 square feet of approved activity space for three to six children
  • 35 square feet of approved activity space for each child when serving seven to ten children
• Any stairways must be equipped with handrails
• At least two separate exits to the outside
• Smoke detectors and carbon monoxide detectors 

Ratio and capacity requirements

There are also requirements for the staff-to-child ratio. Different numbers of children will require the help of an approved family childcare assistant. The requirements are:

• For one educator to care for six or fewer children, there must be no more than three children younger than two years old, including at least one toddler who is walking independently. Additional children must be older than 24 months.
• For one educator to care for seven or eight children, there must be no more than three children younger than two years old, including at least one toddler who is walking independently. Additional children must be older than 24 months. For a capacity over six, all children must be school age.
• For two educators to care for six or fewer children, there must be no more than six children younger than two years old.
• For two educators to care for seven to ten children, there must be no more than six children younger than two years old, including no more than three infants.
• For three educators to care for seven to ten children, there must be no more than six infants. Additional children must be 15 months of age or older.

Group and school-age child care

Applicants for licensure of group or school-age childcare programs must provide certificates of passing physical facility inspections, such as building, fire, water source, and lead paint. Large group programs must complete the group and school-age program potential provider training. These programs must also meet certain health, safety, supervision, and training standards. These include:

• Providing a healthy and safe environment for children
• Offering activities that support children’s growth and development
• Administrators and educators trained in child development and curriculum implementation
• Plan appropriate ratios of educators to children, which are the same as the standard ratios for family childcare providers

Experience and education requirements

• First aid training appropriate to the age group in care
• At least one educator in each small group and school-age childcare program must meet the qualifications for a family childcare provider for the number of children in care; or
  • Be teacher or site coordinator qualified by EEC, if caring for six or fewer children
  • Be lead teacher qualified, or have two years of experience as a teacher or site coordinator if caring for seven or eight children; or
  • Have three years of experience as a teacher or site coordinator, or be a lead teacher or program administrator qualified, if caring for nine or ten children
• Additional staff in small group and school-age childcare programs must be at least 16 years of age and in high school, or at least 18 years of age
• Educators in small group and school-age child care must complete ten hours of professional development activities per year. At least 25% of the required professional development must address diverse learners
• For large group programs, the educator is required to have experience in providing direct care and teaching during all types of program activities to a group of children, younger than seven years old and not yet enrolled in first grade, or special needs children up to age 16, at least 12 hours per week, on a regular basis, in periods of at least four weeks in one program. Work experience of less than 12 hours per week may count as follows: 50 hours of consistent work at one program is equivalent to one month of work experience

Facility requirements

• A safe, clean, well maintained space in good repair and free from hazards and clutter
• Exits and evacuation routes clear of obstructions
• Fire inspection approval
• Water source inspection approval
• Clean, safe outdoor play area of at least 75 square feet per child who is outside at any time
• Sufficient space for children to eat, play, move, and learn, including:
  • A minimum of 35 square feet of activity space per child
  • A barrier between children’s activity space and the kitchen
  • At least one toilet and sink in one or more bathrooms for every 20 children
• Any stairways must be equipped with handrails
• Smoke detectors and carbon monoxide detectors 

Childcare license application in Massachusetts

Follow the steps listed below to apply for the appropriate childcare license. All applications for any childcare license in Massachusetts will be subject to non-refundable application fees. These fees may also be due upon an address change, change in capacity, or licensing renewal. Once you complete these steps and receive a license, you can utilize childcare marketing strategies to grow your business and thrive as a childcare program.

Family child care

Step 1: Contact your local EEC office

To apply for a family childcare provider license, the first step is to contact your local EEC office. Each office has resources and staff to help guide you through the entire application process.

Step 2: Understand the regulations

The EEC offers in-person help at their local offices and a variety of online documentation so you are fully informed of all the regulations and policies your program needs to meet. For more information, review the following:

• Licensing forms for family childcare providers 
• Licensing policies for family childcare providers 
• Licensing regulations for family childcare providers 

Step 3: Complete the required training

Before applying for a family childcare license, the applicant must complete the family childcare potential provider training on the Massachusetts StrongStart Professional Development System. This training must be completed in addition to first aid and child and infant CPR courses relevant to the age groups of the children that will be in your care. 

Step 4: Gather the required documentation

Most of the application consists of submitting documentation. All of the following documentation will be required with your application:

• Physical exam with proof of immunity to measles, mumps, and rubella
• Health statement certifying that you are in good physical and mental health
• Certification in first aid and CPR of appropriate age groups

• A check or money order made out to the Commonwealth of Massachusetts for the application fee
• A copy of the certificate of attendance from the potential provider training
• A copy of the certificate of attendance from the in-person orientation training
• A completed background record check request form for you and any household members 15 years or older
• Proof of completion of all the required training
• Documentation of registering in EEC's Professional Qualifications Registry (PQR)

Step 5: Review of the application

After all of your documentation is submitted with your final application, the EEC will contact you when they receive it.

Step 6: Complete inspection

If the EEC determines your application is satisfactory, then they will provide you with a pre-licensing checklist. Then, they will schedule a visit to your home. After the visit, you’ll hear from an EEC representative about whether your application is approved.

Group and school-age child care

Step 1: Contact your local EEC office

To apply for a small group or a large group childcare program, contact your local EEC office. Each office has resources and staff to help guide you through the entire application process.

Step 2: Complete the required training

Applicants must complete the potential provider training course on the Massachusetts StrongStart Professional Development System. Parts one and two of the training must be completed within 90 days of each other. 

Step 3: Make a LEAD account

Contact your local EEC licensing office to obtain a new user account on EEC's Licensing Education Analytic Database (LEAD) system. This is where you will be able to complete and submit the application.

Step 4: Review all policies and regulations

The EEC offers plenty of online documentation for you to fully understand the requirements, policies, and rules for childcare programs. For more information, review the following:

• Licensing forms for group and school age childcare programs 
• Licensing policies for group and school age childcare programs 
• Licensing regulations for group and school age childcare programs 

Step 5: Complete written plans and documentation

In your application submitted through LEAD, you must include written plans for staff orientation, staff supervision, diapering and toileting, staff meetings, personnel policies, referral services, enrollment procedures and a non-discrimination statement, and avoiding the suspension and termination of a child. 

Large group programs must also provide financial documentation, a health care policy, and procedures for the transition of a child. You must also include building inspection certificates and proof that the educator and administrator requirements are met.

Step 6: Complete inspection

If the EEC determines your application is satisfactory, then they will contact you to schedule a licensing visit of your facility. After the visit, you’ll hear from an EEC representative about whether your application is approved.  

How to stay compliant with a daycare license in Massachusetts

Once you receive your license, choose a name for your childcare program, and open for business, the next step is remaining compliant. The ECC provides extensive documentation on licensing regulations, forms, policies, and technical assistance for all three categories of childcare programs. These documents provide applicants with the information you will need to run a compliant program.

Family childcare programs and group and school-age childcare programs share certain requirements to be in good standing. The Massachusetts EEC states that the licensee must meet the following standard requirements to remain compliant as a family childcare program or a group and school-age program: 

• The licensee must ensure that the program is staffed by appropriate numbers of persons with experience and/or education in providing education and care to children from birth to age 14
• The licensee must employ educators who, by prior education, training, experience, and interest in fostering development and early childhood education, are qualified to meet the needs of the children enrolled, and who meet the qualifications for their respective positions
• The licensee shall encourage educators to continue their education in their appropriate fields and to maintain open and ongoing communication within the program to enhance the quality of care provided to the children
• All educators must register annually with the Department of Early Education and Care in accordance with EEC policies and procedures
• All educators must possess the qualifications required for their positions in accordance with EEC regulations
• All educators must demonstrate and maintain at all times the physical, mental and emotional ability to care for the children for whom they are responsible in a way that meets the generally accepted physical, social, emotional and intellectual needs of children. Educators must follow good personal hygiene practices at all times
• No educator may regularly care for children more than 12 hours in any 24-hour period
• Educators must exercise good judgment at all times and demonstrate an ability to handle emergency situations appropriately

Family child care

• Renew the license every three years
• Do not exceed the maximum number of children indicated on the license
• Maintain the provisions required for comfortable living, such as a functioning bathroom, comfortable air temperatures, running water, and adequate lighting 
• The licensee cannot hold more than one family childcare license at a time

Group and school-age child care

• Maintain an accurate statement of purpose that details the program’s goals, the ages of children served, and services provided
• Notify the EEC at least 30 days prior to any changes made to the program space
• Hold and document at least two staff meetings per month to consult with educators on program issues, planning, and policies and procedures
• Keep records of each staff member’s resume or job application, interview, information form, completed background checks, evaluations, disciplinary actions or investigations

The EEC may issue a provisional license to a group and school-age program that has not or is not complying with all applicable regulations as long as it is still operating in a way that adequately protects the health and safety of the children in care. A provisional license is valid for six months and can be renewed one time for no more than six additional months. A regular license must be renewed after every two years.

The main purpose of a childcare program is to provide a comfortable, safe environment for children when they are away from their families. It can be difficult to stay organized and complete all the tasks required to run a successful business. A great way to manage it all is to utilize a tool like brightwheel’s center management software that helps you streamline your center’s admissions process, record keeping, reporting, and more.

Start a daycare in Massachusetts

Whether you are planning to open a family childcare program or a group or school-age childcare program, the first step is to understand the rules and regulations. With careful planning and utilization of all available resources, you’ll be ready to start the journey to becoming a licensed childcare provider in Massachusetts.