Delaware OCCL
Delaware has no unlicensed headcount: an individual may not engage in child care, meaning compensated care of one or more children while holding yourself out as a provider, without first obtaining a license from the Office of Child Care Licensing, per 14 Del. C. 3004A. The only home-care outs are relatives on a short list and care in the child's own home. A Level I family home takes up to 6 children, a Level II home up to 9, and a large family child care home up to 12 with extra staff.
| Tier | Children | Age limits | Your own kids |
|---|---|---|---|
| Level I family home (Family Child Care Home)family_license | up to 6 |
| Count |
| Level II family home (Family Child Care Home)family_license | up to 9 |
| Count |
| Large Family Child Care Homelarge_family_license | up to 12 |
| Count |
Age limits and totals for every tier, with row-level citations, live on the Delaware home daycare ratios page.
Care provided only to a person's own children, grandchildren, nieces, nephews or stepchildren needs no license even if payment is received, per 14 DE Admin. Code 934 sections 4.3 and 4.4. Siblings, cousins and other relatives are not on the list.
A Level I home may take 4 preschool-age or younger children plus 2 school-age children who attend only outside school hours, or 5 preschool-age or younger children; in both mixes at most 2 may be under 12 months and at most 3 under 24 months.
A large family child care home starts at the same 9-child, 2-infant, 4-under-24-months limits as Level II and reaches 12 children with 4 infants and 6 under 24 months once an assistant is present; with two additional staff members it may have up to 6 infants.
OCCL may impose civil penalties of up to 1,000 dollars for each violation of the licensing requirement in section 3004A, per 14 Del. C. 3005A.
None for pay outside the relative list: the Delaware Child Care Act requires a license before engaging in compensated child care of one or more children, per 14 Del. C. 3004A.
Yes without a license: care provided only to your own children, grandchildren, nieces, nephews or stepchildren does not require a family child care license even if payment is received, per 934 section 4.3.
Up to 6 children: 4 preschool-age or younger plus 2 school-age children outside school hours, or 5 preschool-age or younger, with at most 2 under 12 months and 3 under 24 months, per 934 sections 57.1 and 57.2.
Two under 12 months in Level I and Level II homes, 4 in a large home with an assistant, and up to 6 in a large home with two additional staff members, per 934 sections 57 and 68.
No. Child care provided at a child's own home by a nanny or babysitter does not require a child care license, per 934 section 4.3.
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.