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North Dakota Statewide Rule

North Dakota Family Child Care Home Licensing Rules

Some RestrictionsApplies statewide across North Dakota (2026)

Key Facts

Statute
NDCC 50-11.1
Licensing agency
ND DHHS
Family home capacity
Up to 7 children
Background check
Required
Last verified: September 5, 2026Source: North Dakota Legislative Branch

Summary

North Dakota's Department of Health and Human Services licenses family and group child care homes under NDCC 50-11.1, preempting most local licensing of in-home daycare operations statewide.

50-11.1-05. Operation of family day care home - Registration required - Issuance of registration certificate - Term. Repealed by S.L. 1981, ch. 491, § 19. Page No. 5 50-11.1-06. In-home provider - Registration voluntary - Prerequisites for approval Issuance of registration document - Term. An in-home provider may apply for a registration document from the department. The department shall determine whether the applicant meets the standards and shall issue or deny a registration document based upon that determination. A registration document for an in-home provider may not be effective for longer than one year. The application and supporting documents may not include any fraudulent or untrue representations. The department may consider the early childhood services history of the applicant in determining issuance of a registration document. The department may investigate an applicant according to rules adopted by the department to determine whether the applicant has a criminal record or has been the subject of a confirmed decision for child abuse and neglect. The department may issue a provisional in-home provider registration document in accordance with the rules of the department. 50-11.1-06.1. Conviction not bar to licensure, self-declaration, or registration Exceptions.

Source: North Dakota Legislative BranchView official code

Full Breakdown

NDCC Chapter 50-11.1 establishes statewide licensing for child care facilities, including family child care homes (up to 7 children), group child care homes (up to 18 children), and centers. Operators must complete background checks, training, CPR/first aid certification, and home safety inspections. Local zoning may regulate home-based daycare as a permitted home occupation, but cannot override state capacity, staffing, or safety standards. Cities may not require duplicate licensing for state-licensed providers, though they may enforce standard zoning, parking, and traffic ordinances.

Violations & Penalties

Operating without a state license is a class B misdemeanor and may result in immediate closure, fines up to $1,500, and program disqualification.

Frequently Asked Questions

Can North Dakota cities license home daycares separately?
No. State licensing through DHHS preempts local licensing duplication, though cities retain zoning authority over home occupations including parking and noise standards.
How many children can a North Dakota family child care home serve?
Family child care homes may care for up to 7 children, while group homes may serve up to 18, subject to staffing ratios and home safety inspections.

Sources

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