North Dakota Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in North Dakota?

In North Dakota, childcare licensing is administered by the Department of Health and Human Services (DHS), specifically through its Early Childhood Services section. The Early Childhood Licensing Unit is responsible for processing applications, setting standards, conducting inspections, and enforcing compliance for all regulated childcare operations in the state.

The legal basis for licensing is North Dakota Century Code (NDCC) 50-11.1, which requires DHS to administer the licensure of early childhood services and authorizes the department to develop standards to regulate childcare settings. The detailed regulations are found in North Dakota Administrative Code (NDAC) Chapter 75-03-10 for child care centers.

North Dakota offers several types of licensed childcare operations:

• Child Care Center: A facility licensed for 19 or more children. The actual license capacity is determined by available space, staff-to-child ratios, and sometimes local ordinances.

• Group Child Care: A facility licensed for up to 30 children. Capacity is determined by available space, staff-to-child ratios, and local ordinances.

• Family Child Care: A home-based operation that may care for up to seven children, with no more than three children under the age of 24 months, plus two additional school-age children.

How to apply for a North Dakota childcare license

The North Dakota 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

   Complete the new provider orientation

   New directors and supervisors must complete an online new provider orientation course within 30 days of employment. This ensures you understand the minimum standards and the responsibilities of operating a childcare facility in North Dakota.

2. 2

   Complete Getting Started training

   All North Dakota child care providers and staff are required to complete "Getting Started," a 15-hour basic child care course, within the first three months of becoming licensed or employed. This training covers foundational topics in child development and childcare operations.

3. 3

   Submit your application

   Applications are submitted to the Early Childhood Licensing Unit. You will need to provide information about your facility, staffing plan, and organizational structure. Contact the Early Childhood Services section at (701) 328-2115 or dhsec@nd.gov for current application forms and fee information.

4. 4

   Complete background checks

   Background checks are required for all individuals who will have access to children in your facility. These must be completed before your license can be issued.

5. 5

   Pass the initial inspection

   A licensing specialist will conduct an on-site inspection of your facility to verify it meets all requirements for space, safety, equipment, 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, DHS will issue your childcare license. The license must be posted in a location visible to parents at your facility.

North Dakota staff-to-child ratio requirements

North Dakota sets specific staff-to-child ratios and maximum group sizes based on the ages of children in care. These ratios are defined in NDAC 75-03-10-08 and must be maintained at all times during operating hours.

For mixed-age groups, the number of children in each age category is multiplied by the corresponding ratio factor, and the required staff members for all age categories are added together. Any fractional staff count of 0.35 or more is rounded up to the next whole number.

These ratios are from NDAC 75-03-10-08. Verify current ratios with DHS, as they may be updated periodically. An operator licensed for at least two years may apply for a waiver of the required ratio and maximum group size under certain conditions. For help planning your classroom staffing, try our ratio calculator.

Staff qualification and training requirements

North Dakota has specific requirements for directors, caregivers, and other staff working in licensed childcare facilities.

• Minimum age: All approved providers must be at least 18 years of age.

• Getting Started course: All providers and staff must complete the "Getting Started" 15-hour basic child care course within the first three months of becoming licensed or employed. This course covers foundational topics in child development, health and safety, and regulatory compliance.

• New provider orientation: New directors and supervisors must complete an online new provider orientation course within 30 days of employment.

• Annual training: Staff are required to complete a minimum of nine hours of training per year related to childcare. Training records are reviewed by your licensing specialist each licensing year.

• CPR and First Aid: All licensed providers must be certified in pediatric first aid by a department-approved program, as well as infant and pediatric CPR and the use of an automated external defibrillator (AED).

• SIDS prevention: All providers must complete a one-hour department-approved sudden infant death syndrome (SIDS) prevention training.

Background check requirements

North Dakota requires comprehensive background checks for all individuals associated with a licensed childcare operation who will have access to children.

• Who must be checked: All owners, directors, caregivers, substitutes, volunteers, and any person who will have unsupervised access to children. For home-based operations, household members must also be checked.

• Criminal history check: Background checks include a fingerprint-based criminal history check processed through the Bureau of Criminal Investigation (BCI) and the FBI.

• Registry checks: Screenings include the sex offender registry and the child abuse and neglect registry.

• Timing: Background checks must be completed before a person has direct, unsupervised contact with children in care. There is no grace period for this requirement.

• Ongoing checks: Background checks are not a one-time requirement. Providers must stay current with renewal background check requirements as specified by DHS.

Facility requirements

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

• Indoor space: A minimum of 35 square feet of indoor activity space per child. This measurement excludes kitchens, bathrooms, hallways, staff-only areas, and storage.

• Outdoor space: A minimum of 75 square feet of outdoor play space per child using the area at any one time. Outdoor areas must be fenced and free of hazards, with age-appropriate equipment.

• 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 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.

• Health and safety inspection: Your facility must pass a health and safety inspection as part of the licensing process. This covers sanitation, food preparation areas, diaper changing stations, handwashing facilities, and general cleanliness.

Health and safety requirements

North Dakota licensing standards 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.

• Safe sleep practices: For infants, North Dakota 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.

• 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.

• 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, or other crisis.

Record-keeping requirements

North Dakota 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 DHS.

• 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, 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.

• Training records: Documentation of all training completed by each staff member, reviewed annually by your licensing specialist.

Inspections and compliance

Once licensed, your operation will be subject to ongoing monitoring by the DHS Early Childhood Licensing Unit.

• Unannounced inspections: Licensing specialists conduct 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.

• Training review: Each licensing year, your licensing specialist will review your training records to ensure you and your staff have completed the required training hours.

• 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 monetary penalties.

Bright & Early ND: quality rating program

Bright & Early ND is North Dakota's Quality Rating and Improvement System (QRIS). It is a voluntary program designed to assess, improve, and communicate the level of quality of early childhood programs. It is administered by the Department of Health and Human Services.

• Four quality steps: Programs can voluntarily progress through four levels (steps) of quality. Each step builds upon the previous one, and programs must fully meet the criteria of each step before advancing.

• Financial incentives: Programs with a current Step 2, Step 3, or Step 4 quality rating may be eligible for financial incentives, including additional payments for children receiving Child Care Assistance Program (CCAP) benefits and Quality Improvement Grants.

• Quality coaching: Participating programs are assigned a quality coach who provides support, resources, and technical assistance. Coaches have specialized knowledge in achieving and maintaining Bright & Early ND quality standards.

• CLASS assessments: The program uses the Classroom Assessment Scoring System (CLASS) to measure and evaluate teacher-child interactions across infant, toddler, and pre-K age groups.

Resources

Here are key resources for North Dakota childcare providers:

• North Dakota DHS Early Childhood Services: The official state agency website for childcare licensing, including regulations, application information, and provider resources. Phone: (701) 328-2115. Email: dhsec@nd.gov.

• Child Care Aware of North Dakota: A statewide resource and referral organization that provides training, technical assistance, and support to childcare providers.

• ND Growing Futures: North Dakota's professional development system for early childhood professionals, including information on licensing specialists and training opportunities.

• NDAC 75-03-10: The full text of the North Dakota Administrative Code governing child care center early childhood services, available through the North Dakota Legislature website.