Delaware Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in Delaware?

Childcare licensing in Delaware is administered by the Office of Child Care Licensing (OCCL), which is part of the Delaware Department of Education. OCCL was formerly housed within the Department of Services for Children, Youth and Their Families (DSCYF) but transferred to the Department of Education in 2020. OCCL is responsible for setting licensing standards, processing applications, conducting inspections, and enforcing compliance for all regulated childcare operations in the state.

Delaware's licensing regulations are outlined in the DELACARE rules, which set the minimum standards for various types of childcare operations. The type of license you need depends on your operation:

• Early Care and Education Centers: Facilities that provide care and education to children in a non-residential setting. This is the most common license type for commercial childcare centers, preschools, and nursery schools in Delaware.

• School-Age Centers: Programs that provide care and supervision for school-age children before and after school hours, during school breaks, and over the summer. These programs are regulated under DELACARE standards specific to school-age care.

• Family Child Care Homes: Home-based operations where a provider cares for children in their own residence. Delaware distinguishes between family child care homes (smaller capacity) and large family child care homes (higher capacity with an assistant).

How to apply for a Delaware childcare license

The Delaware childcare licensing application process involves several steps. Plan for the process to take several weeks to several months, depending on how quickly you can meet all requirements.

1. 1

   Attend a pre-licensing orientation

   Delaware requires prospective childcare operators to attend an orientation session conducted by OCCL. This session covers the DELACARE regulations, the application process, and what to expect during the licensing journey.

2. 2

   Submit your application to OCCL

   Applications are submitted to the Office of Child Care Licensing. You will need to provide information about your facility, staffing plan, program description, and organizational structure. OCCL does not charge fees for applications, fingerprinting, criminal history reviews, or licenses.

3. 3

   Complete comprehensive background checks

   All staff, volunteers age 18 and older, and anyone with direct or unsupervised access to children must undergo comprehensive background checks, including fingerprinting. Background checks must be completed before your license can be issued.

4. 4

   Meet facility and zoning requirements

   Your facility must meet all building code, fire safety, and zoning requirements. Rooms used for childcare must also be free of radon hazards per EPA guidelines. You may need approvals from local fire marshals and building inspectors.

5. 5

   Pass the initial inspection

   An OCCL licensing specialist will conduct an on-site inspection of your facility to verify it meets all DELACARE standards for space, safety, equipment, staffing, and documentation. Any deficiencies must be corrected before your license is granted.

6. 6

   Receive your license

   Once you have met all requirements and passed your inspection, OCCL will issue your childcare license. The license must be posted in a location visible to parents at your facility.

Delaware staff-to-child ratio requirements

Delaware sets specific staff-to-child ratios and maximum group sizes based on the ages of children in care. These ratios are defined in the DELACARE Regulations for Early Care and Education and School-Age Centers and must be maintained at all times. When children of different ages are grouped together, the ratio for the youngest child in the group applies.

Groups may be mixed for the first and last 90 minutes of the center's operating day, as long as appropriate ratios for the youngest child present are maintained. School-age programs may request OCCL approval for a 1:20 ratio when a certified teacher is present, but the maximum group size of 30 remains in effect.

These ratios are from the DELACARE Regulations. Verify current ratios with OCCL, as they may be updated periodically. For help planning your classroom staffing, try our ratio calculator.

Staff qualification requirements

Delaware has specific requirements for administrators (directors), teachers, and assistant teachers working in licensed childcare centers.

• Administrator (director) qualifications: Administrators of licensed childcare centers must be at least 21 years old and hold a bachelor's degree. If the degree is in a field unrelated to early childhood education, the administrator must complete at least 15 credit hours from an accredited college or university, including at least three credit hours in a childcare-related field and at least three credit hours in an early childhood elective.

• Early childhood teacher: Teachers must complete 120 clock hours of quality-assured training to qualify as an early childhood teacher in Delaware. Training must cover topics related to child development, curriculum planning, and classroom management.

• Early childhood assistant teacher: Assistant teachers must complete 60 hours of quality-assured training. This provides a pathway for staff to begin working in childcare while continuing their professional development.

• Background checks: All staff and volunteers age 18 and older who have direct access to children or the opportunity for unsupervised access must undergo comprehensive background checks, including fingerprinting. This applies to everyone working in the facility, not just caregiving staff.

• CPR and First Aid: At least one staff member with current pediatric CPR and First Aid certification must be present at all times when children are in care. All staff are encouraged to maintain current certifications.

• Annual professional development: All childcare staff must complete annual professional development training. Training must cover at least three of the eight training topic areas specified by OCCL, which include child development, curriculum, health and safety, special needs, professionalism, and family and community relationships.

Facility requirements

Your physical space must meet DELACARE standards before a license can be issued. Key requirements include:

• Indoor space: A minimum of 35 square feet of usable floor space per child in each area or room children use. This measurement excludes restrooms, kitchen areas, isolation areas for ill children, offices, storage spaces, hallways, furnace rooms, and gymnasiums.

• Outdoor space: Children must have access to an outdoor play area with at least 75 square feet per child. Outdoor areas must be fenced, free of hazards, and equipped with age-appropriate play equipment.

• Radon testing: All rooms used for childcare must be tested for radon and found to be free of radon hazards according to EPA guidelines. This is a requirement specific to Delaware's licensing regulations.

• Age-appropriate equipment: All furniture, cribs, and play equipment must be safe, in good repair, and appropriate for the ages of children enrolled. Cribs must meet current Consumer Product Safety Commission (CPSC) standards.

• Fire safety: Working smoke detectors and fire extinguishers must be installed and maintained. Regular fire drills are required and must be documented. Your facility must have a posted evacuation plan and approval from the local fire marshal.

• Zoning and building codes: Your facility must meet all local zoning ordinances and building code requirements. You will need to obtain necessary permits and approvals from local authorities before OCCL will issue a license.

Background check requirements

Delaware requires comprehensive background checks for anyone involved in a licensed childcare operation. These checks must be completed before an individual has unsupervised access to children.

• Who must be checked: All staff members, volunteers age 18 and older, and anyone who has direct access to children or the opportunity for unsupervised access to children. This includes directors, teachers, aides, kitchen staff, custodians, and anyone else regularly present in the facility during operating hours.

• Fingerprint-based criminal history: A fingerprint-based criminal background check is required, processed through both state and federal (FBI) databases.

• Child abuse and neglect registry: A check of the Delaware child protection registry is required to verify no history of substantiated child abuse or neglect.

• Sex offender registry: A check of the national and state sex offender registries is part of the comprehensive background screening.

• Timing: Background checks must be completed and cleared before an individual has direct contact with or unsupervised access to children. There is no grace period for this requirement.

Health and safety requirements

DELACARE regulations include detailed health and safety requirements that licensed operations must follow every day.

• Immunization records: Up-to-date immunization records are required for all enrolled children. Records must be on file and available for inspection at all times.

• Medication administration: Medications may only be administered with written parent authorization. All medication administration must be documented, including the medication name, dosage, time given, and the staff member who administered it. Staff must be trained in medication administration procedures.

• Illness policies: Operations must have a written illness exclusion policy. Staff must be trained to recognize signs of illness and know when a child must be excluded from care and when parents must be notified.

• Handwashing: Proper handwashing procedures must be followed by both staff and children, including before and after meals, after diaper changes, after using the restroom, and after outdoor play.

• Safe sleep practices: For infants, Delaware requires adherence to safe sleep guidelines. Infants must be placed on their backs to sleep in approved cribs with no soft bedding, pillows, bumper pads, or toys in the crib.

• Emergency procedures: Written emergency procedures must be posted and practiced regularly. Staff must know what to do in the event of a fire, severe weather, medical emergency, lockdown, or other crisis situations.

Record-keeping requirements

Delaware licensing requires childcare operations to maintain detailed records that are available for review during inspections. Keeping these records organized and current is one of the most important things you can do to stay in compliance.

• Attendance records: Daily sign-in and sign-out records for every child, with the time recorded for each entry. These records must be retained for the period specified by OCCL.

• Child enrollment records: Complete enrollment information for each child, including emergency contacts, authorized pickup persons, medical information, allergies, and immunization records.

• Staff records: Personnel files for every employee, including background check results, training documentation, certifications, qualifications, and employment history.

• Incident reports: Written documentation of any injuries, accidents, or unusual incidents that occur at the facility, including details of what happened and what actions were taken.

• Fire drill logs: Documentation of every fire drill conducted, including the date, time, number of children and staff present, and evacuation time.

• Medication logs: Records of all medications administered to children, including parent authorization forms, dosage information, and administration times.

Inspections and compliance

Once licensed, your operation will be subject to ongoing monitoring by OCCL.

• Unannounced inspections: OCCL conducts unannounced inspections of licensed childcare operations during normal operating hours. These inspections can happen at any time and may cover any aspect of your operation.

• Annual inspections: At a minimum, licensed childcare centers receive at least one comprehensive inspection each year. Additional inspections may be conducted in response to complaints or to follow up on previously cited deficiencies.

• Corrective action: If deficiencies are found during an inspection, the operation is given a specified timeframe to correct the issues. The timeframe depends on the severity of the deficiency.

• Adverse actions: Repeated or serious violations can result in adverse actions, including probation, license suspension, license revocation, or fines. Violations that pose an immediate threat to children's health or safety can result in emergency actions.

Delaware Stars for Early Success (QRIS)

Delaware Stars for Early Success is Delaware's voluntary Quality Rating and Improvement System (QRIS), administered by the Delaware Department of Education. The program is designed to assess, improve, and communicate the level of quality in early care and education settings.

• Five-level system: Delaware Stars uses a five-level rating system, with Star Level 5 being the highest. Star Level 1 corresponds to meeting the OCCL licensing standards. Each higher Star Level requires programs to meet increasingly higher quality standards.

• Technical assistance: Programs enrolled in Delaware Stars receive support from technical assistants who work with them on quality improvement. These long-term coaching relationships help providers identify areas for growth and implement improvements.

• Financial incentives: Programs that achieve higher Star Levels may be eligible for tiered reimbursement rates. Programs at Star Level 3 have historically received supplemental reimbursement at 80% of market rate, Star Level 4 at 90%, and Star Level 5 at 100% of market rate.

• Voluntary participation: Participation in Delaware Stars is voluntary, but all licensed early care and education programs are eligible. Achieving a higher Star rating signals to parents that your program exceeds minimum licensing standards.

Resources

Here are key resources for Delaware childcare providers:

• Delaware Office of Child Care Licensing (OCCL): The official state agency for childcare licensing, including DELACARE regulations, application forms, and provider resources. Available through the Delaware Department of Education website at education.delaware.gov.

• My Child DE (mychildde.org): A comprehensive resource site for Delaware families and providers, with information on licensing, quality programs, training opportunities, and finding childcare.

• Delaware Institute for Excellence in Early Childhood (DIEEC): Provides professional development and training opportunities for childcare professionals in Delaware, including support for meeting annual training requirements.

• Delaware Stars for Early Success: Delaware's QRIS program for quality improvement, offering technical assistance, coaching, and financial incentives for programs that achieve higher quality ratings.