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Daycare guide · checked October 2026

How to start a daycare in Maine

In Maine, opening a daycare means meeting the rules of the Maine Department of Health and Human Services, Office of Child and Family Services (OCFS), Children's Licensing and Investigation. 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 Maine rules were checked in October 2026.

Who needs a daycare license in Maine

Any program that regularly cares for more than two children under 13 for pay needs a license: child care centers (13 or more children), small child care facilities (3 to 12 children, not in the operator's home), nursery schools (sessions of 3.5 hours or less), and family child care homes, which have their own rule (10-148 CMR Ch. 33).

Programs that may not need a license: State law excludes licensed youth camps (including day camps), programs that teach a single skill such as karate, dance or basketball, and approved public or private K-12 schools (22 M.R.S. §8301-A(1-A)(B)). No separate exemption was found for school-age or after-school programs run by other operators; they are licensed like any child care facility.

Licensing agency: Maine Department of Health and Human Services, Office of Child and Family Services (OCFS), Children's Licensing and Investigation

Sources: 10-148 CMR Ch. 32 Child Care Facility Licensing Rule (OCFS PDF, eff. Sept. 27, 2021); 22 M.R.S. §8301-A licensure and definitions; OCFS Child Care Provider Licensing (rules page)

Staff-to-child ratios in Maine centers

AgesChildren per staff memberLargest group
3 years (2.5 to 3.5 age band)1:721
4 years (3 to under 5 age band)1:1020
5 years1:13Not set
School-age (5 to 12)1:13Not set

Rule: 10-148 CMR Ch. 32, §7(C)(2)(b) (facilities serving 13 or more children). Maine's age bands overlap: 2.5 to 3.5 years is 1:7 (group 21), and 3 years to under 5 may run at 1:10 with a max group of 20 or 1:8 with a max group of 24. Maine treats age 5 as school age (1:13, no group limit). In mixed groups the youngest child sets the ratio. At least two staff must be on site whenever seven or more children are present. Small facilities (3-12 children) use different ratios (1:8 for ages 2-5, 1:12 over age 5).

Background checks

Licensed child care providers must get a comprehensive check for the owner and every staff member or other person with care duties or unsupervised access to children: FBI fingerprint check, national sex offender registry, and state criminal, sex offender and child abuse and neglect registry checks for the current state and every state lived in during the past five years. Staff cannot start until OCFS issues a letter of eligibility, and checks are repeated at least every five years (10-148 CMR Ch. 34). Licensed youth camps must run a background check on all staff, counselors, volunteers and directors every year (national sex offender registry, state criminal and sex offender records, SSN and 5-year address trace), and registered sex offenders may not work there (10-144 CMR Ch. 208, §11(B)-(C)).

Sources: 10-148 CMR Ch. 34 Child Care Provider Background Check Licensing Rule; 10-144 CMR Ch. 208 Youth Camps Rule, employee screening

Reporting child abuse

Listed adults must report when acting in a professional capacity, including school personnel, child care personnel, youth camp administrators and counselors, health care practitioners, social workers, clergy and others (22 M.R.S. §4011-A). They must report to DHHS immediately and within no more than 24 hours; anyone else may report.

Child abuse hotline: 1-800-452-1999. In an emergency, call 911.

Sources: 22 M.R.S. §4011-A reporting of suspected abuse or neglect; OCFS: reporting suspected child abuse and neglect

Steps to open a daycare in Maine

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.

Maine'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.

2. Contact OCFS

Daycare licensing in Maine is handled by the Maine Department of Health and Human Services, Office of Child and Family Services (OCFS), Children's Licensing and Investigation. 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 OCFS what the space needs, including how much indoor and outdoor space per child Maine requires. Since December 28, 2012, cribs in daycares must meet federal Consumer Product Safety Commission standards.

5. Plan your rooms around the ratios

Maine'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 OCFS.

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 Maine'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 OCFS 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 Maine. Prescription medication may be given only with written, signed and dated parent permission, only to the child it was prescribed for, and following the original container's label; over-the-counter medication also needs written parent permission (phone, text or email allowed in an emergency, followed by written permission). Every dose is logged, medications are kept out of children's reach and discarded when expired, and staff may not give medication until they have had medication training (10-148 CMR Ch. 32, §§12(H), 8(B)).

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.

  • A 2024 DHHS proposal to repeal and replace 10-148 CMR Ch. 32 was listed in rulemaking trackers; the Secretary of State and OCFS copies still show the September 27, 2021 rule, so whether new ratios or rules have been adopted was not confirmed.
  • Ratio mapping: Ch. 32 has overlapping age bands (2.5-3.5 years at 1:7; 3 to under 5 at 1:10 or 1:8). Which band governs a group of 3-year-olds older than 3.5 versus younger is not spelled out beyond the youngest-child rule; check with OCFS.
  • Whether after-school programs operated by public schools themselves (as opposed to school instruction) need a child care license was not confirmed; the statute exempts approved K-12 schools but does not mention their before- or after-school programs.
  • 22 M.R.S. §4011-A was rewritten by PL 2025, c. 667; the effective date of that change was not confirmed, though the Revisor's text (extracted Oct. 5, 2026) shows it as current.

How BackPR helps

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We researched the Maine 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 OCFS 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 Maine: questions

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

Any program that regularly cares for more than two children under 13 for pay needs a license: child care centers (13 or more children), small child care facilities (3 to 12 children, not in the operator's home), nursery schools (sessions of 3.5 hours or less), and family child care homes, which have their own rule (10-148 CMR Ch. 33). Ask OCFS which license type fits your plans.

Who licenses daycares in Maine?

The Maine Department of Health and Human Services, Office of Child and Family Services (OCFS), Children's Licensing and Investigation. Its website: https://www.maine.gov/dhhs/ocfs/provider-resources/child-care-licensing/becoming-a-childcare-provider

What are the daycare ratios in Maine?

In licensed centers (10-148 CMR Ch. 32, §7(C)(2)(b) (facilities serving 13 or more children)): 3 years (2.5 to 3.5 age band): 1 adult for every 7 children (groups of up to 21); 4 years (3 to under 5 age band): 1 adult for every 10 children (groups of up to 20); 5 years: 1 adult for every 13 children; School-age (5 to 12): 1 adult for every 13 children.

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