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Daycare guide · checked October 2026

How to start a daycare in Maryland

In Maryland, opening a daycare means meeting the rules of the Maryland State Department of Education (MSDE), Division of Early Childhood, Office of Child Care, Licensing Branch. 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 Maryland rules were checked in October 2026.

Who needs a daycare license in Maryland

Child care centers must be licensed by MSDE's Office of Child Care; a center is any program that gives child care at least twice a week on a regular schedule to children who are not siblings, including preschools, nursery schools and before- and after-school (school-age) programs. Family child care homes are registered under separate rules (COMAR 13A.15).

Programs that may not need a license: Exempt from center licensing: public schools during instructional hours, nonpublic kindergartens and elementary schools during instructional hours, certified youth camps, programs that run 6 weeks or less in a calendar year, and certain programs of tax-exempt religious organizations (COMAR 13A.16.01.01B; Education Art. §9.5-405). A before- or after-school program held in a school building still needs a license, but does not have to meet extra physical-plant rules beyond those for the school building.

Licensing agency: Maryland State Department of Education (MSDE), Division of Early Childhood, Office of Child Care, Licensing Branch

Sources: COMAR 13A.16.08.03 group size and staffing; COMAR 13A.16.01.01 scope and exemptions; Education Art. §9.5-401 definitions; Education Art. §9.5-405 license required; exemptions

Staff-to-child ratios in Maryland centers

AgesChildren per staff memberLargest group
3 years1:1020
4 years1:1020
5 years1:1530
School-age (5 and older)1:1530

Rule: COMAR 13A.16.08.03. Maryland sets one band for 3- and 4-year-olds (1:10, group of 20) and one for children 5 and older (1:15, group of 30). Age is counted from the child's most recent birthday. Mixed-age groups have their own staffing tables, including groups where enrolled 3- and 4-year-olds are mixed with school-age children. Approved educational programs during the school day allow 1:12 (group 24) for ages 3-4.

Background checks

Child care center staff need a comprehensive check at least every five years: Maryland fingerprint criminal check, FBI fingerprint check, Maryland and national sex offender registries, the Maryland child abuse and neglect registry, and the same registries in any state lived in during the past five years; Maryland also uses fingerprint rap-back alerts (MSDE). Certain convictions bar employment outright (COMAR 13A.16.06.03). Youth camps must have a Maryland and FBI criminal history check and a Child Protective Services clearance on file for everyone in a position with access to campers, including volunteers, plus a checked personnel administrator before the camp opens (COMAR 10.16.06.21).

Sources: MSDE: background checks and fingerprinting; COMAR 13A.16.06.03 suitability for employment; COMAR 10.16.06.21 youth camp criminal background investigations

Reporting child abuse

Everyone in Maryland who has reason to believe a child has been abused or neglected must report to the local department of social services or law enforcement (Family Law §5-705). Health practitioners, police, educators and human service workers must also report orally as soon as possible and in writing within 48 hours (Family Law §5-704); child care staff must report directly, not through their director (COMAR 13A.16.07.02).

Child abuse hotline: 1-800-917-7383 (1-800-91-PREVENT). In an emergency, call 911.

Sources: Family Law §5-704 professionals' duty to report; Family Law §5-705 duty of all other persons to report; COMAR 13A.16.07.02 abuse/neglect reporting in centers; Maryland DHS: reporting suspected child abuse or neglect

Steps to open a daycare in Maryland

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.

Maryland'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 MSDE

Daycare licensing in Maryland is handled by the Maryland State Department of Education (MSDE), Division of Early Childhood, Office of Child Care, Licensing Branch. 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 MSDE what the space needs, including how much indoor and outdoor space per child Maryland requires. Since December 28, 2012, cribs in daycares must meet federal Consumer Product Safety Commission standards.

5. Plan your rooms around the ratios

Maryland'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 MSDE.

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 Maryland'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 MSDE 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 Maryland. Any medication, prescription or over-the-counter, needs a signed and dated parent authorization on the state form plus approval from a licensed health practitioner; prescriptions must carry the pharmacy label, and at least one dose must have been given at home first. Every dose is recorded in the child's record, and only staff who have completed state-approved medication administration training may give medication, with at least one trained staff member present whenever children are (COMAR 13A.16.11.04).

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.

  • MSDE says some Maryland rules require shorter re-check periods than five years (its example is a Child Protective Services clearance every two years); which rule and whether it applies to child care center staff was not confirmed.

Other open points, including camps, are on the Maryland 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 Maryland 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 MSDE 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 Maryland: questions

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

Child care centers must be licensed by MSDE's Office of Child Care; a center is any program that gives child care at least twice a week on a regular schedule to children who are not siblings, including preschools, nursery schools and before- and after-school (school-age) programs. Family child care homes are registered under separate rules (COMAR 13A.15). Ask MSDE which license type fits your plans.

Who licenses daycares in Maryland?

The Maryland State Department of Education (MSDE), Division of Early Childhood, Office of Child Care, Licensing Branch. Its website: https://earlychildhood.marylandpublicschools.org/child-care-providers/licensing

What are the daycare ratios in Maryland?

In licensed centers (COMAR 13A.16.08.03): 3 years: 1 adult for every 10 children (groups of up to 20); 4 years: 1 adult for every 10 children (groups of up to 20); 5 years: 1 adult for every 15 children (groups of up to 30); School-age (5 and older): 1 adult for every 15 children (groups of up to 30).

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