Skip to content

Daycare guide · checked October 2026

How to start a daycare in Delaware

In Delaware, opening a daycare means meeting the rules of the Delaware Department of Education, Office of Child Care Licensing (OCCL). This guide covers who needs a license, the rules your rooms and staff must meet and the steps to open, with links to the official rules. The Delaware rules were checked in October 2026.

Who needs a daycare license in Delaware

Anyone who is paid to care for children without a parent present and offers child care to the public needs an OCCL license (14 Del.C. §3002A, §3004A). Early care and education and school-age centers (13 or more children) are licensed under 14 DE Admin. Code 933. This includes before- and after-school care, summer child care programs that are not exempt, and summer camps that receive Purchase of Care funding (933 §4.1). Family and large family child care homes have separate rules.

Programs that may not need a license: A center license is not required for: youth camps that serve only school-age children, hold a Division of Public Health camp permit and take no Purchase of Care funding; state-run programs; summer religion classes of 4 weeks or less; brief care while parents stay on site; free drop-in 'open door' programs with no agreement to supervise; school-age care offered only for emergencies or on in-service days, holidays or vacations; lessons or classes only (tutoring, music, dance, sports, art); and public or private schools teaching kindergarten and up (933 §4.3). A program run by another organization inside a school building still needs a license unless the school itself runs it (933 §4.2).

Licensing agency: Delaware Department of Education, Office of Child Care Licensing (OCCL)

Sources: 14 DE Admin. Code 933, DELACARE Regulations for Early Care and Education and School-Age Centers; 14 Del.C. ch. 30A (child care licensing law); Office of Child Care Licensing

Staff-to-child ratios in Delaware centers

AgesChildren per staff memberLargest group
3 years1:1020
4 years1:1224
5 years (not yet in kindergarten)1:1224
School-age (kindergarten and up)1:1530

Rule: 14 DE Admin. Code 933 §27.1 (ratio and group size table). Delaware uses age in months: 3-year-olds are 36-47 months, and the 4-year-old band covers 48 months and older until the child starts kindergarten. Once a child attends kindergarten they count as school-age. OCCL may approve a school-age variance to 1:20 when a certified Delaware teacher teaches in their subject area, but group size stays capped at 30. In mixed-age groups, the youngest child's ratio and group size apply (§27.3). Licensed youth camps follow different ratios: 1:8 (group 16) for ages 5-8, 1:10 (group 20) for ages 9-14, and 1:12 (group 24) for ages 15 and up (14 DE Admin. Code 938 §29.2).

Background checks

Before starting work, center staff must be fingerprinted by Delaware State Police for state (SBI) and FBI checks. The center must also have an eligibility or provisional eligibility notice from the DSCYF Criminal History Unit. The full check also covers sex offender and child abuse registries, plus criminal and child abuse checks in every state the person lived in during the past 5 years. Staff are supervised and may not be alone with children until found eligible. Centers must also check the Delaware adult abuse registry. All parts are repeated every 5 years (933 §3.0, §28.3-28.4). Licensed youth camps have the same fingerprint, out-of-state and adult abuse registry requirements for adult staff (938 §22.3-22.4).

Sources: 14 DE Admin. Code 933 §28.3-28.4; 14 DE Admin. Code 938 §22.3-22.4 (youth camps)

Reporting child abuse

Every person, agency or organization that knows or in good faith suspects child abuse or neglect must report it to the Department of Services for Children, Youth and Their Families (16 Del.C. §903). Call the report line immediately for sexual abuse, a child death, a current injury, a child needing urgent medical or mental health care, or a child left without a caregiver. Other reports can be made by phone or through the online portal (16 Del.C. §904). Licensed centers must call the line immediately if abuse is suspected at the center (933 §19.2.3).

Child abuse hotline: 1-800-292-9582 (Child Abuse and Neglect Report Line). In an emergency, call 911.

Sources: 16 Del.C. §903-904; DSCYF: Child Abuse and Neglect Reporting

Steps to open a daycare in Delaware

1. Choose a daycare center or a home daycare

States license daycare centers and home daycares (often called family child care homes) under different rules, with different limits on how many children you can care for. Decide which one you're starting before anything else.

Delaware's license types are described in Who needs a daycare license above. Learn what families near you need, too: your local Child Care Resource and Referral agency (CCR&R) can tell you which ages and hours are hard to find, and our Delaware program finder lists licensed centers near you.

2. Contact OCCL

Daycare licensing in Delaware is handled by the Delaware Department of Education, Office of Child Care Licensing (OCCL). Contact it before you sign a lease or buy equipment, and ask, in writing if you can:

  • Which license type fits our plans, and how many children can it cover?
  • Is there an orientation or pre-licensing training, and when is the next one?
  • Which inspections and clearances do we need (licensing, fire, health and zoning)?
  • What does it cost to apply, and how long does approval usually take?
  • What do we need to do to accept families who use childcare assistance?

3. Choose a business structure

A daycare can run as a business (such as an LLC) or as a nonprofit, or under an existing nonprofit such as a church. Talk with an accountant or lawyer before you file anything, and get an employer identification number (EIN) from the IRS. It's free.

4. Find a space that can pass inspection

Check zoning before you sign a lease. Then ask the building department, the fire marshal and OCCL what the space needs, including how much indoor and outdoor space per child Delaware requires. Since December 28, 2012, cribs in daycares must meet federal Consumer Product Safety Commission standards.

5. Plan your rooms around the ratios

Delaware's ratios for the ages it confirmed are in the table above. They decide how many staff each room needs, so they shape your whole budget. For infants and toddlers, ask OCCL.

6. Hire staff and run background checks

Run the checks in Background checks for daycare staff above before anyone starts.

Federal rules also require comprehensive background checks for staff of every licensed, regulated or registered childcare provider and every provider that can take childcare assistance. Teach every staff member how to report suspected abuse or neglect (see Reporting child abuse above).

7. Get insured

Talk early to an insurance broker who works with childcare programs. Ask about general liability, abuse and molestation coverage, property coverage and workers' compensation, plus auto coverage if you'll transport children. A home daycare should tell its homeowner's or renter's insurer, since those policies may limit business use.

8. Build a budget and set tuition

Start with payroll (see step 5), then add rent, food, supplies and insurance. Compare your numbers with what other daycares near you charge, and set prices for the enrollment you expect, not a full room. Write down your deposit, late payment, late pickup and absence policies before you enroll anyone.

9. Add childcare assistance and the food program

Ask Delaware's childcare assistance office how to become an approved provider for families who get help paying for care, and ask about the USDA Child and Adult Care Food Program (CACFP), which reimburses eligible daycares for meals and snacks. Programs that take childcare assistance must meet federal health and safety requirements, including background checks, training and inspections.

10. Prepare your enrollment forms and policies

Ask OCCL which records you must keep for each child. Have your forms ready before you enroll anyone, and collect everything before a child's first day.

Medication in Delaware. Medicine may be given only by a staff member aged 18 or older who holds an OCCL administration of medication certificate (or by a health professional), and a certified staff member must be on site at all times and on field trips. Each medicine needs written parent permission and must be in its original labeled container. Every dose and every error is logged on a Medication Administration Record, and errors are reported to the parent right away (933 §63).

11. Fill your spots

Start enrolling before you open, so you aren't paying staff for empty rooms. Tell your CCR&R you're open, check your listing in the state's childcare search once you're licensed, offer tours and keep a waitlist for each age group.

12. Pass your inspections and open

For licensed programs that can take childcare assistance, federal rules require at least one inspection for health, safety and fire standards before licensing, then an unannounced inspection at least once a year. Schedule yours early, train staff on your policies, emergency plan, safe sleep, allergies, medication and pickup rules, and check every child's file before their first day.

Each step is covered in more depth, with examples and sources, in our national guide to starting a daycare.

What we couldn't confirm

Check these points with the state before you rely on them.

  • The center rules (933) were last amended in June 2022. We found no newer amendment, but OCCL may have issued guidance we could not see.

Other open points, including camps, are on the Delaware rules page.

How BackPR helps

BackPR handles registration, enrollment and health forms, recurring tuition with autopay and check-in against each family's authorized pickup list. Families can register and fill in forms in English or Spanish, and parents get receipts and year-end dependent care statements. It's free for nonprofits, with no subscription and no BackPR fees. Payments run on Stripe, and Stripe's processing fees apply. Other programs get pricing by quote. More on BackPR for childcare.

We researched the Delaware rules on this page in October 2026 using AI research tools (Claude, from Anthropic) that read official state rules and federal sources, and a member of our team checked our summaries against those sources. Rules change and have exceptions, so confirm with OCCL before you rely on this page. This is general information, not legal advice. To report an error, email support@backpr.com.

FAQ

Starting a daycare in Delaware: questions

Do I need a license to start a daycare in Delaware?

Anyone who is paid to care for children without a parent present and offers child care to the public needs an OCCL license (14 Del.C. §3002A, §3004A). Early care and education and school-age centers (13 or more children) are licensed under 14 DE Admin. Code 933. This includes before- and after-school care, summer child care programs that are not exempt, and summer camps that receive Purchase of Care funding (933 §4.1). Family and large family child care homes have separate rules. Ask OCCL which license type fits your plans.

Who licenses daycares in Delaware?

The Delaware Department of Education, Office of Child Care Licensing (OCCL). Its website: https://education.delaware.gov/families/birth-age-5/occl/

What are the daycare ratios in Delaware?

In licensed centers (14 DE Admin. Code 933 §27.1 (ratio and group size table)): 3 years: 1 adult for every 10 children (groups of up to 20); 4 years: 1 adult for every 12 children (groups of up to 24); 5 years (not yet in kindergarten): 1 adult for every 12 children (groups of up to 24); School-age (kindergarten and up): 1 adult for every 15 children (groups of up to 30).

Open registration
with BackPR

Free for nonprofits. No long-term contract. We set you up and import your data at no cost.