Delaware Statewide Rule
Delaware Family Child Care Home State Licensing Law
Key Facts
- Statute
- 31 Del.C. §§ 341-345
- Regulator
- OCCL (Dept. of Education)
- Level I Capacity
- Up to 6 children
- Level II Capacity
- Up to 9 children
- Background Checks
- Required for all adults
Summary
Delaware Code Title 31, Sections 341-345 (the Delaware Child Care Act) and Title 14 require state licensing of all family and large family child care homes through the Office of Child Care Licensing. Standards apply uniformly statewide regardless of municipality.
An individual or entity may not engage in child care unless the individual or entity first obtains a license from OCCL. Unless renewed, a license expires 1 year from the date the license is issued.
Full Breakdown
Under 31 Del.C. §§ 341-345 and 14 Del.C. §§ 3001A-3005A, the Office of Child Care Licensing (OCCL) within the Department of Education licenses every family and large family child care home in Delaware. Level I family homes serve up to six children; Level II large family homes serve up to nine children. Licensing requires criminal background checks, CPR/first aid training, home safety inspections, immunization records, written policies, and ongoing professional development. The DELACARE regulations (14 DE Admin Code 934) provide uniform standards. State licensing preempts local attempts to set conflicting child-staff ratios, square-footage rules, or child-care safety standards.
Violations & Penalties
Operating an unlicensed family child care home is a violation of 31 Del.C. § 343 and may result in cease-and-desist orders, daily civil penalties, and criminal charges. Licensed homes that violate DELACARE rules face suspension or revocation.
Frequently Asked Questions
Do I need a state license to watch a friend's child for pay?
Can my city require additional daycare home rules beyond state licensing?
Sources
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