Wilmington, DE Home Business: Home Daycare (2026)
Key Facts
- Enrollment cap
- 6 preschool children
- State oversight
- DSS-approved and supervised
- City license fee
- Waived
- Business license itself
- Still required, no charge
Summary
Wilmington waives its business license fee for family day care homes that are state-approved and supervised, capping enrollment at six preschool children including the provider's own kids.
Day care homes which care for children aged one week to six years during a portion of a 24-hour day that shall be approved and supervised by the division of social services of the department of health and social services are exempt from licensing fees. The number of children in the home shall not exceed six preschool children including the approved parents' own preschool children.(b)Nursing, convalescent, or old age homes that are operated by charitable or religious persons, firms, associations or corporations are exempt from licensing fees. (Code 1968, § 35-55; Ord. No. 93-057, § 1, 8-26-93)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).
Full Breakdown
City Code § 5-104 exempts family day care homes from the licensing fees otherwise charged under Chapter 5's business license division, so long as the state Division of Social Services has approved and supervises the home. The exemption caps the group at six preschool-age children, ages one week to six years, counting the approved provider's own preschool children toward that limit. A companion clause gives the same fee break to qualifying nursing, convalescent, or old-age homes run by charitable or religious operators. Home daycare operators still need a City of Wilmington business license under Chapter 5: they just aren't billed the fee for it.
Violations & Fines
Running a home daycare without the underlying state DSS approval, or without the city business license itself, exposes the operator to Chapter 5 license enforcement; exceeding the six-child cap can void the fee exemption.
Frequently Asked Questions
Does Wilmington require a business license for a home daycare?
How many children can a Wilmington home daycare serve?
Sources & Official References
Other rules in Wilmington
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