Oklahoma DHS Licensing Governs In-Home Childcare Statewide

Under the Oklahoma Child Care Facilities Licensing Act, 10 O.S. Section 401 et seq., DHS licenses family child care homes (up to 7 children) and large family child care homes (up to 12 children with assistant). DHS sets statewide standards for caregiver qualifications, child-staff ratios, health and safety, fire inspection, background checks, and physical premises. Cities may apply general zoning to home daycares but cannot impose health, safety, or staffing rules that conflict with DHS regulations. Many municipalities classify licensed in-home daycare as a permitted home occupation. Operating without a DHS license when one is required is a misdemeanor.

Operating an unlicensed home daycare with more than two unrelated children is a misdemeanor with fines and possible jail time. DHS may seek injunctions and revoke existing licenses.