Delaware licenses family home daycares through the Office of Child Care Licensing (OCCL). New Castle County UDC permits licensed family daycare as a home occupation in residential zones. Capacity limits: 6 to 12 children depending on license type.
Family child care homes in Delaware are licensed under 14 DE Admin. Code 103 and 14 DE Admin. Code 108 by the Office of Child Care Licensing within the Department of Services for Children, Youth, and Their Families (DSCYF). A Family Child Care Home license permits care for up to 6 children (including the provider's own children under 12); a Large Family Child Care Home allows up to 12 children with a second qualified adult. New Castle County UDC 40.03.110 classifies state-licensed family daycare as a permitted home occupation in residential zones without a conditional use permit. Requirements include background checks (state and FBI), CPR and first aid certification, annual health inspection, fire safety inspection, minimum 35 sq ft of indoor play space per child, outdoor play area, and liability insurance of at least $300,000. Large Family homes may require additional UDC review. Wilmington has similar zoning accommodations.
Operating without OCCL license: immediate closure, fines $500 to $5,000 per day (14 Del. C. §3008A). Safety violations: provisional license with corrective plan or suspension. Exceeding licensed capacity: violation report and potential license action.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Wilmington, DE
Residential swimming pools in Wilmington require a building permit from the Department of Licenses and Inspections and must comply with the Delaware State Bu...
Wilmington, DE
Delaware does not preempt local tiny-home rules, and Wilmington's City Code Chapter 48 (Zoning) treats dwellings under the standard residential district bulk...
Wilmington, DE
Carports in Wilmington are accessory structures regulated under City Code Chapter 48 (Zoning) and require a building permit from the Department of Licenses a...
Wilmington, DE
Wilmington follows Delaware HB 80 (2017) informal sanctuary protections. The Wilmington Police Department limits civil immigration cooperation with ICE; crim...
Wilmington, DE
Delaware's Healthy Delaware Families Act (DE 19 §3702A) created statewide paid family and medical leave, fully effective 2026. Wilmington cannot create a sep...
Wilmington, DE
Delaware preempts local minimum-wage rules. The state minimum wage rose from $13.25 (2025) to $15.00 effective 2026 under DE Title 19 §902, applying uniforml...
See how Wilmington's home daycare rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.