North Dakota Home Daycare (2026)

Key Facts

Statute: NDCC 50-11.1
Licensing agency: ND DHHS
Family home capacity: Up to 7 children
Background check: Required

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.

North Dakota Family Child Care Home Licensing Rules