Delaware rulebook · checked October 2026
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.
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.
| 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. |
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.