Home daycare licensing / Delaware
Home daycare licensing in Delaware
What it takes to run a licensed home daycare in Delaware — who regulates it, how many children you can care for, and what an inspector checks.
Who regulates home daycare in Delaware
Delaware Department of Education, Office of Child Care Licensing (OCCL) is the state agency responsible for licensing or registering home child care in Delaware.
Delaware licenses home-based care through DELACARE regulations under the Office of Child Care Licensing — OCCL moved from the Division of Family Services into the Department of Education in 2020, an unusual home for a licensing function. Delaware's other quirk: a two-tier 'Level I / Level II' system based on the provider's own training and experience rather than a straightforward capacity election.
Visit Delaware Department of Education, Office of Child Care Licensing (OCCL) →License types and capacity
Family Child Care Home (Level I)
Maximum of 6 (or 5, depending on ages of children present) children total, including children living in the home not yet in kindergarten.
Level status (I vs II) is determined by the provider's training and experience, not just a capacity choice.
Large Family Child Care Home (Level II)
Up to 9 children (some guidance describes a wider range with an assistant present) — confirm the current ceiling directly with OCCL.
Requires DELACARE compliance and at least one assistant present in addition to the provider.
Background checks
Fingerprint-based criminal background check through Delaware state and FBI national databases for the applicant, all adult household members, and substitutes — required before becoming a household/staff member, or within 5 days of a household member turning 18. Also includes a Delaware Child Protection Registry and sex offender registry checks.
Advantages of running a home daycare in Delaware
- Being one of the smallest states, OCCL is centralized into just two regional offices, simplifying contact and inspection scheduling.
- The Level II 'Large Family Child Care Home' path gives a real growth trajectory tied to experience and training credentials.
- OCCL's 2020 move into the Department of Education ties licensing administratively to the state's broader early-education infrastructure.
Risks and things to watch
- Level I vs Level II is tied to the provider's own training/experience, not a form you fill in choosing a bigger number.
- Household background checks re-trigger on a household member's 18th birthday with only a 5-day compliance window — unusually tight.
- Published guidance on the Level II ceiling is inconsistent — confirm the exact current cap directly with OCCL before relying on a specific number.
Practical tips for Delaware providers
- Start building your training/experience record early if Level II capacity is the goal — it's a credentialing question, not a paperwork upgrade.
- Calendar every household member's 18th birthday well in advance — Delaware's 5-day post-birthday window is unusually tight.
- Use OCCL's two regional offices (New Castle vs. Kent/Sussex) to route inquiries to the correct geographically-relevant contact.
See the full record set every inspector checks for what to have ready regardless of state.
Curious about licensing in other states?
Home daycare rules — capacity limits, ratios, background checks — vary a lot from state to state. You might want to check how Delaware compares:
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