Delaware grades home capacity by license level and staffing. Level I: 6 children in a 4 plus 2 or 5 plus 0 mix with at most 2 infants and 3 under 24 months. Level II: 9 children with 6 preschool-age or younger, 2 infants and 4 under 24 months. Large family child care: 9 with the provider alone on the Level II caps, 12 with an assistant at 4 infants and 6 under 24 months, and up to 6 infants when two additional staff are present.
Every tier, every cap
Level I family home (Family Child Care Home)
Option 1: up to 6 children, max 4 preschool or younger, max 2 infant 14 DE Admin. Code 934 §§ 57.1-57.2
Option 2: up to 5 children, max 0 school age, max 2 infant, max 3 under 24 14 DE Admin. Code 934 §§ 57.1-57.2
Your own children: count toward these caps.
Level II family home (Family Child Care Home)
No more than 9 children in care at once 14 DE Admin. Code 934 § 57.3.3
No more than 6 preschool or younger 14 DE Admin. Code 934 § 57.3
No more than 2 infant 14 DE Admin. Code 934 § 57.3.1
No more than 4 under 24 14 DE Admin. Code 934 § 57.3.2
Your own children: count toward these caps.
Large Family Child Care Home
No more than 9 children in care at once 14 DE Admin. Code 934 § 68.3.3
No more than 6 preschool or younger 14 DE Admin. Code 934 § 68.3
No more than 2 infant 14 DE Admin. Code 934 § 68.3.1
No more than 4 under 24 14 DE Admin. Code 934 § 68.3.2
With an assistant: an additional adult is required above 6 children. No more than 12 children in care at once; No more than 4 infant; No more than 6 under 24
Your own children: count toward these caps.
How Delaware defines the age bands
Infant (under 12 months): 0 to 12 months
Toddler (12 to under 36 months): 12 to 36 months
Under 24 months (capacity cut band, includes infants): 0 to 24 months
Preschool age child (age 3 through 5, not yet attending kindergarten; older than 5 and not in kindergarten still preschool age): 36 to open months
Preschool age or younger (birth until attending kindergarten): 0 to open months
School age child (attends or has attended kindergarten or a higher grade; status based, 60 months is an approximation only): 60 to open months
Mixed ages in one room
Delaware defines infant as under 12 months, toddler 12 to 36 months and school-age from kindergarten; school-age children may fill preschool spaces in Level I, but never the reverse.
Real questions, short answers
What is the infant ratio in a Delaware family child care home?
Level I and Level II homes cap infants at 2; a large home reaches 4 infants with an assistant and 6 with two additional staff, per 14 DE Admin. Code 934 sections 57 and 68.
When does a Delaware home need a second adult?
A large family child care home moves past 9 children only with an assistant present, and past 4 infants only with two additional staff members.
Do school-age kids count toward the six?
Yes: Level I allows 4 preschool-age or younger plus 2 school-age children attending only before school, after school, holidays and vacation, for 6 present at any time.
14 Del. C. Chapter 30A, The Delaware Child Care Act 3002A, 3004A, 3005A
14 DE Admin. Code 934, DELACARE Regulations for Family and Large Family Child Care Homes, amended May 1, 2022 934 sections 4, 57, 68
DaycareRules is an informational reference about home child care licensing rules in the United States. It reprints thresholds, capacity limits, ratios and citations from state statutes and regulations, together with the date each state was last verified. Nothing on this site is legal advice, and rules change. Confirm with your state licensing agency before acting on any number printed here.