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Daycare guide · checked October 2026

How to start a daycare in North Dakota

In North Dakota, opening a daycare means meeting the rules of the North Dakota Department of Health and Human Services (HHS), Early Childhood Licensing. 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 North Dakota rules were checked in October 2026.

Who needs a daycare license in North Dakota

A license is required to care for more than five children, or more than three under 24 months, in exchange for payment; smaller home providers may self-declare instead. License types are family child care, group child care (up to 30 children), child care centers (larger programs), preschools, and school-age child care programs for ages 5 through 11 (N.D.C.C. 50-11.1-02, 50-11.1-03). Programs run by a government entity self-certify compliance ('public approval') instead of getting a license.

Programs that may not need a license: Not considered early childhood services, so no license: care in a public or private school in grade 1 or above; approved school-based programs for children under 6; summer resident or day camps that serve no children under 6 for more than two weeks; sporting events, practices or physical activities supervised by an adult; short religious classes; and care of up to four hours while the parent is on the same premises (N.D.C.C. 50-11.1-02(6)).

Licensing agency: North Dakota Department of Health and Human Services (HHS), Early Childhood Licensing

Sources: N.D. Admin. Code ch. 75-03-10 (child care centers); N.D. Admin. Code ch. 75-03-11.1 (school-age child care); N.D.C.C. ch. 50-11.1 (early childhood services); ND HHS Childcare Licensing

Staff-to-child ratios in North Dakota centers

AgesChildren per staff memberLargest group
3 years1:720
4 years1:1025
5 years1:1230
School-age (6 and up)1:2040

Rule: N.D. Admin. Code 75-03-10-08(2)(a) (child care centers); 75-03-11.1-09 (school-age child care programs). Rule bands are 3 to 4 years (1:7), 4 to 5 years (1:10), 5 to 6 years (1:12), and 6 to 12 years (1:20). For mixed-age groups, each age count is multiplied by its decimal ratio and summed; a fraction of .35 or more requires another staff member. Licensed school-age programs (ages 5-11) use 1:20 with a maximum group of 40. Operators licensed two years or more may apply for a limited ratio waiver. Rule last amended April 1, 2024.

Background checks

Owners, staff, and volunteers or support staff who may be alone with children need a check approved before any unsupervised access: an FBI fingerprint check, national and state sex offender registry searches, state criminal history, ND child abuse and neglect records, and criminal, sex offender and abuse/neglect checks in any state lived in during the past five years. Center owners and staff must submit a fingerprint-based check at hire and at least every five years (N.D. Admin. Code 75-03-10-27, 75-03-10-28; N.D.C.C. 50-11.1-06.2). No camp-specific requirement was found.

Sources: ND HHS Childcare Licensing (background checks); N.D. Admin. Code 75-03-10-27 and -28; N.D.C.C. 50-11.1-06.2

Reporting child abuse

Listed professionals must report when they learn of suspected abuse or neglect through their work, including child care workers, schoolteachers, administrators and counselors, medical and mental health professionals, social workers, foster parents, law enforcement, clergy and child care licensors; anyone else may report (N.D.C.C. 50-25.1-03). Reports must be made immediately, orally or in writing, with a written follow-up within 48 hours if requested (50-25.1-04).

Child abuse hotline: 1-833-958-3500 (Child Abuse & Neglect Reporting Line, weekdays 8 a.m.-5 p.m. Central); call 911 if a child is in immediate danger. In an emergency, call 911.

Sources: ND HHS Child Protection Program; N.D.C.C. ch. 50-25.1

Steps to open a daycare in North Dakota

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.

North Dakota'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 HHS

Daycare licensing in North Dakota is handled by the North Dakota Department of Health and Human Services (HHS), Early Childhood Licensing. 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 HHS what the space needs, including how much indoor and outdoor space per child North Dakota requires. Since December 28, 2012, cribs in daycares must meet federal Consumer Product Safety Commission standards.

5. Plan your rooms around the ratios

North Dakota'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 HHS.

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 North Dakota'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 HHS 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 North Dakota. Centers need written parent permission and proper instructions before giving any medicine; prescription medicine must come with the medical provider's written dosage and storage instructions and be labeled with the child's name and date. Medicine is stored out of children's reach (refrigerated medicine kept together in a spillproof container), and every dose, including over-the-counter, is logged with date, time, dosage, child's name and the staff member's name and kept in the child's record (N.D. Admin. Code 75-03-10-26(7)).

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 ND HHS page lists reporting-line hours of 8 a.m.-5 p.m. Central on weekdays and does not say how to report after hours other than calling 911 in an emergency.
  • N.D.C.C. 50-11.1-02 defines a child care center as 19 or more children while 50-11.1-03 requires a center license for more than 30; the overlap with group child care (up to 30) was not resolved.

Other open points, including camps, are on the North Dakota 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 North Dakota 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 HHS 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 North Dakota: questions

Do I need a license to start a daycare in North Dakota?

A license is required to care for more than five children, or more than three under 24 months, in exchange for payment; smaller home providers may self-declare instead. License types are family child care, group child care (up to 30 children), child care centers (larger programs), preschools, and school-age child care programs for ages 5 through 11 (N.D.C.C. 50-11.1-02, 50-11.1-03). Programs run by a government entity self-certify compliance ('public approval') instead of getting a license. Ask HHS which license type fits your plans.

Who licenses daycares in North Dakota?

The North Dakota Department of Health and Human Services (HHS), Early Childhood Licensing. Its website: https://www.hhs.nd.gov/cfs/early-childhood-services/child-care-licensing

What are the daycare ratios in North Dakota?

In licensed centers (N.D. Admin. Code 75-03-10-08(2)(a) (child care centers); 75-03-11.1-09 (school-age child care programs)): 3 years: 1 adult for every 7 children (groups of up to 20); 4 years: 1 adult for every 10 children (groups of up to 25); 5 years: 1 adult for every 12 children (groups of up to 30); School-age (6 and up): 1 adult for every 20 children (groups of up to 40).

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