How to Start a Daycare in Delaware (2026)

Last updated: February 26, 2026

Starting a daycare in Delaware is regulated by the Office of Child Care Licensing (OCCL) within the Delaware Department of Education. Delaware stands out because OCCL charges no fees for applications, orientations, background checks, or licenses – making the financial barrier to licensing unusually low. The real investment is in meeting facility requirements, staff qualifications, and the multi-step application process, which typically takes several months. This guide covers every requirement using official Delaware OCCL sources and the DELACARE Regulations for Early Care and Education.

Daycare Requirements in Delaware at a Glance

Requirement	Agency	Cost	Timeline
Child Care License (OCCL)	Office of Child Care Licensing, DE Dept. of Education	No fee	Several months (orientation through license)
Mandatory OCCL Orientation	OCCL	No fee	Required first step; schedule with OCCL
Background Checks (all staff + household members)	IdentoGO (fingerprinting)	No fee (covered by OCCL)	4-6 weeks
Fire Marshal Approval	Delaware State Fire Marshal	Varies	Before license issued
Zoning Approval	Local municipality / county	Varies	Before license issued
Delaware Business License	Division of Revenue	$75/year	Immediate (temp) / 10 days (permanent)
LLC Formation (optional but recommended)	Division of Corporations	$90	Varies
Liability Insurance	Private insurer (required for license renewal)	Varies	Before license renewal

How to Start a Daycare in Delaware (Step by Step)

Step 1: Contact OCCL and Attend the Mandatory Orientation

The very first step to opening a daycare in Delaware is contacting the Office of Child Care Licensing (OCCL) and attending a mandatory orientation session. Applications are not accepted without completing orientation first.

• New Castle County: (302) 892-5800
• Kent and Sussex Counties: (302) 739-5487
• Website: education.delaware.gov/families/birth-age-5/occl

The orientation covers the licensing process, DELACARE regulations, expectations, and next steps. There is no fee for orientation.

Step 2: Choose Your License Type

Delaware licenses child care based on the setting and number of children served:

• Family Child Care Home: Up to 6 children in the provider’s private residence (including the provider’s own children under 13).
• Large Family Child Care Home: Up to 9-12 children in the provider’s residence with additional staff.
• Child Care Center: 13 or more children in a commercial or non-residential setting.

Each license type has different space, staff, and operational requirements under the DELACARE Regulations. Your OCCL licensing specialist will guide you through the appropriate path.

Step 3: Submit Your Application

Complete and submit the OCCL application with all required supporting documentation, including your facility address, proposed capacity, staff information, written policies, and emergency procedures. There is no application fee. OCCL will assign a licensing specialist to your case who will work with you throughout the process.

Step 4: Complete Background Checks for All Staff and Household Members

All staff members and, for family home providers, all household members aged 18+ must pass comprehensive background checks. OCCL covers all background check costs:

• Criminal history check: Covers all states lived in over the past 5 years, done through IdentoGO fingerprinting.
• Sex offender registry check: All states in past 5 years.
• Child abuse and neglect registry: All states in past 5 years.

Anyone with a disqualifying offense cannot work in a licensed child care facility. Allow 4-6 weeks for background check processing.

Step 5: Meet Facility Requirements

Your facility must meet DELACARE physical space requirements before a license can be issued:

• Indoor space (centers): At least 35 square feet of usable floor space per child.
• Outdoor play space (centers): At least 75 square feet per child, with fencing required.
• Indoor space (family homes): At least 25 square feet per child.
• Lead paint assessment: Required if the building was constructed before 1978.
• Radon testing: Required every 5 years.
• Fire marshal approval: Required from the Delaware State Fire Marshal.
• Zoning approval: Required from your local municipality or county planning/zoning office.

Step 6: Meet Staff-to-Child Ratios (Child Care Centers)

Delaware’s DELACARE regulations (2022 update, current for 2026) require the following minimum staff ratios for child care centers:

Age Group	Maximum Group Size	Staff:Child Ratio
Infants (0-12 months)	8	1:4
Young Toddlers (12-24 months)	12	1:6
Older Toddlers (24-36 months)	16	1:8
Young Preschool (3-4 years)	20	1:10
Older Preschool (4-5 years)	24	1:12

Step 7: Meet Staff Qualification Requirements

DELACARE sets minimum staff qualification standards:

• Center administrator: Bachelor’s degree (or equivalent with at least 15 credit hours in early childhood education, child development, or a related field).
• All staff: Annual CPR certification, first aid certification, and medication administration training.
• Annual professional development: All staff must complete professional development each year in at least 3 of 8 designated topic areas under Delaware’s Stars program.

Step 8: Pass the On-Site Inspection and Receive Your License

After completing the application, background checks, and facility preparation, your OCCL licensing specialist will conduct an on-site inspection. If you pass, you will receive either a provisional license (6 months, for first-time applicants) or an annual license (1 year). Renew your license annually – submit the renewal application at least 60 days before expiration, and include current liability insurance and your Delaware Business License.

Step 9: Register Your Business and Get Your Delaware Business License

Form an LLC ($90, Division of Corporations) and obtain your Delaware Business License ($75/year) from the Division of Revenue at onestop.delaware.gov. The Business License is required for all Delaware businesses and must be current for license renewal.

Cost to Start a Daycare in Delaware

Item	Cost	Notes
OCCL License	Free	No application, license, or background check fees
Delaware Business License	$75/year	Required; renew December 31
LLC Formation	$90	One-time; Division of Corporations
LLC Annual Franchise Tax	$300/year	Due June 1
Facility lease or renovation	Highly variable	Centers need 35 sq ft/child minimum usable floor space
Fire marshal inspection / corrections	Varies	Building upgrades may be required
Lead paint assessment (pre-1978 buildings)	$300-$800	Required for older buildings
Radon testing	$100-$300	Required every 5 years
Furniture, equipment, toys, and safety items	$5,000-$30,000+	Age-appropriate equipment per DELACARE standards
Staff CPR/first aid training	$30-$80 per staff member	Annual requirement
Liability insurance	$1,500-$4,000+/year	Required for license renewal
Workers’ comp (if staff employed)	Varies by payroll	Required at first employee

Estimated total startup cost: $15,000-$80,000+ (highly variable depending on facility type, condition, capacity, and location)

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• How to Start a Hair Salon in Delaware
• How to Start a Landscaping Business in Delaware
• How to Become a Private Investigator in Delaware

← Back to all Delaware business guides

Frequently Asked Questions

How much does it cost to get a daycare license in Delaware?

Delaware’s OCCL charges no fees for the application, orientation, background checks, fingerprinting, or the license itself. This is unusual compared to most states. Your costs are in meeting facility standards (space, equipment, fire safety), staff training, liability insurance, the Delaware Business License ($75/year), and business entity registration ($90 LLC + $300/year franchise tax if you form an LLC).

How long does it take to get licensed to open a daycare in Delaware?

The process typically takes several months from orientation to receiving your license. Factors affecting timeline include how quickly background checks process (4-6 weeks), how long fire marshal and zoning approvals take, whether facility upgrades are needed, and OCCL scheduling. Start the process at least 6 months before your intended opening date.

What are Delaware’s staff-to-child ratios for daycare centers?

Under DELACARE 2022 regulations: infants (0-12 months) – 1:4 ratio, max group 8; young toddlers (12-24 months) – 1:6, max 12; older toddlers (24-36 months) – 1:8, max 16; young preschool (3-4 years) – 1:10, max 20; older preschool (4-5 years) – 1:12, max 24. These are minimums – you must maintain these ratios at all times during operating hours.

Can I open a home daycare in Delaware?

Yes. Delaware licenses Family Child Care Homes for up to 6 children (including the provider’s own children under 13) in the provider’s private residence. Large Family Child Care Homes can serve 9-12 children with additional staff. Both require an OCCL license through the same process as a center, including orientation, background checks, and inspection. The space, ratio, and qualification standards are modified for the home setting.

Does a Delaware daycare need liability insurance?

Yes. Liability insurance is required to renew your OCCL childcare license each year – you must submit proof of current liability insurance with your renewal application. Typical daycare liability insurance costs $1,500-$4,000+/year depending on your capacity and coverage levels. Consult an insurance broker familiar with childcare businesses for appropriate coverage.