Delaware Childcare Licensing

Delaware Childcare License Exemption Threshold (2026)

Before you can legally care for children for pay in Delaware, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. Delaware sets no "small number" license-free tier: any paid care of unrelated children in a private home is regulated family child care requiring a license, while care provided only to one's own children, grandchildren, nieces, nephews, and stepchildren is exempt; a facility serving 13 or more children is an "early care and education and school-age center" requiring a center license (DELACARE Regs for Family and Large Family Child Care Homes, Sec. 3.A and 3.B; DELACARE Regs for Early Care and Education and School-Age Centers, Sec. 4.A; 31 Del. C. ss341-345; 14 Del. C. ss3001A-3005A).

Licensing Agency

Delaware Department of Education, Office of Child Care Licensing (OCCL) →

Last updated: April 2026

Researched by the TotReady Research Team

Delaware License Exemption Threshold: The Specifics

Delaware sets no "small number" license-free tier: any paid care of unrelated children in a private home is regulated family child care requiring a license, while care provided only to one's own children, grandchildren, nieces, nephews, and stepchildren is exempt

DELACARE Regs for Family and Large Family Child Care Homes, Sec. 3.A and 3.B

a facility serving 13 or more children is an "early care and education and school-age center" requiring a center license (DELACARE Regs for Family and Large Family Child Care Homes, Sec. 3.A and 3.B

DELACARE Regs for Family and Large Family Child Care Homes, Sec. 3.A and 3.B

14 Del. C. ss3001A-3005A).

DELACARE Regs for Family and Large Family Child Care Homes, Sec. 3.A and 3.B

A Level I family home may care for up to 4 children preschool-age-or-younger plus 2 school-age (6 max present, max 2 under 12 months) or alternatively up to 5 preschool-age-or-younger (max 2 under 12 months, max 3 under 24 months)

max 2 under 12 months, max 3 under 24 months

a Level II family home up to 6 preschool-age-or-younger plus 3 school-age (9 max, max 2 under 12 months, max 4 under 24 months)

9 max, max 2 under 12 months, max 4 under 24 months

a large family home with one staff member may serve up to 9 (6 preschool-or-younger plus 3 school-age, max 2 under 12 months, max 4 under 24 months) and with two staff up to 12 (max 4 under 12 months, max 6 under 24 months) (DELACARE Regs for Family and Large Family Child Care Homes, Sec. 49 and Sec. 62).

DELACARE Regs for Family and Large Family Child Care Homes, Sec. 49 and Sec. 62

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Delaware License Exemption Threshold: Frequently Asked Questions

How many children can I care for in Delaware without a license?

Delaware sets no "small number" license-free tier: any paid care of unrelated children in a private home is regulated family child care requiring a license, while care provided only to one's own children, grandchildren, nieces, nephews, and stepchildren is exempt; a facility serving 13 or more children is an "early care and education and school-age center" requiring a center license (DELACARE Regs for Family and Large Family Child Care Homes, Sec. 3.A and 3.B; DELACARE Regs for Early Care and Education and School-Age Centers, Sec. 4.A; 31 Del. C. ss341-345; 14 Del. C. ss3001A-3005A).

What is the penalty for operating unlicensed in Delaware?

Operating above the Delaware exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Delaware Department of Education, Office of Child Care Licensing (OCCL) about the correct credential before you begin.

Does Delaware offer a voluntary registration for small providers?

Some states let providers below the exemption threshold register voluntarily. Confirm whether Delaware offers a voluntary registry with the Delaware Department of Education, Office of Child Care Licensing (OCCL).

Delaware childcare licensing rules are amended regularly. This page is compiled from published Delaware administrative codes and statutes for informational purposes only — always verify current requirements with the Delaware Department of Education, Office of Child Care Licensing (OCCL) before relying on them. TotReady provides information and document templates, not legal or regulatory advice.