Delaware rulebook · checked October 2026

Watching Kids at Home in Delaware: How Many Before You Need a License?

In Delaware, there is no unlicensed tier for regular paid care of unrelated children: the first child on a regular schedule already needs the state's permit. The only question is which tier.

Run the free Delaware check

The Delaware line, in facts

Licensing agency: Delaware Department of Education — Office of Child Care Licensing (OCCL)

The line: In Delaware, there is no unlicensed tier for regular paid care of unrelated children: the first child on a regular schedule already needs the state's permit. The only question is which tier.

Your own children: counted — Delaware includes your own children (not yet in kindergarten) in the numbers that decide your category.

The categories above the line

Category	Capacity	What it means
Family Child Care Level I	up to 6	At most 6 children present at any time: up to 4 preschool-age or younger plus up to 2 additional school-age children not living in the home (before/after school, holidays, vacation), and no more than 2 of the 6 under 12 months. Children living in the home who are not yet in kindergarten count.
Family Child Care Level II	up to 9	At most 9 children by age structure (up to 6 preschool-age or younger plus 3 school-age). Level II adds experience and 60 clock hours of training (or 3 college credits) to Level I.
Large Family Child Care	up to 12	Up to 12 children; may operate in the licensee's home or a non-residential setting if zoning allows, with staffing set by the ages in care.

What comes with the license

Ratios: Level I: 1 provider, at most 6 children present, no more than 2 under 12 months (DELACARE Reg. §57.1). Large family: a provider or assistant alone may care for 6 preschool-age or younger plus 3 school-age — at most 2 of the 9 under 12 months and 4 under 24 months; 12 is the licensed capacity with additional staff.
Training before you open: Level I: age 18+, high school diploma or equivalent, first aid and CPR, medication-administration certification, 6 hours of quality-assured child development training, 3 hours of positive behavior management, abuse/neglect recognition and reporting, and pre-service health and safety training.
Training to stay open: At least 12 clock hours a year, including 1 hour of health and safety (DELACARE Reg. §56.2).
State fees:
Realistic timeline:

What catches people in Delaware

Our check found NO small-number exemption for unrelated children in the DELACARE family regulations — treat paid care of even one unrelated child in your home as licensable until OCCL tells you otherwise.
Delaware's levels turn on AGE STRUCTURE, not raw head count: a Level I home's 6 is really '4 young + 2 school-age.'

Rules checked October 2026 · Sources: 14 Del.C. §§ 3001A–3005A (Delaware Child Care Act); 9 DE Admin. Code 103 — DELACARE Regulations for Family and Large Family Child Care Homes (Aug. 2022), §§ 4, 55–57, 67–68; Delaware OCCL — Family Child Care Home Qualifications page. This page reads the published rules; it is not legal advice, and the Delaware Department of Education — Office of Child Care Licensing (OCCL) is the final word.

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