Ohio Daycare Licensing Rules

Ohio's daycare licensing rules changed substantially when the Department of Children and Youth took over from the old ODJFS system. If you're trying to figure out whether you even need a license — and what the state will expect once you apply — here's the full picture under the current OAC Chapter 5180:2-13 framework.

Who Needs a License and Who Doesn't

Ohio splits home daycare into two categories based on how many children you watch and whether you accept state subsidies.

Type B homes care for one to seven children at a time, with no more than three under age two. If you only take private-pay families, you can legally operate without a license. The moment you want to accept Publicly Funded Child Care subsidies, you need a Type B license from the DCY.

Type A homes care for eight to 14 children and always require a license, regardless of payment source. You'll need at least one additional staff member once you exceed seven children; four or more children under two also trigger the Type A staffing and capacity rules. The under-two cap is three per staff member.

Your own children under six count toward these totals. That catches a lot of new providers off guard — if you have two toddlers of your own, you only have five remaining slots in a Type B operation.

The Licensing Authority: DCY and Your County JFS

House Bill 33 moved child care licensing from ODJFS to the newly created Department of Children and Youth. The DCY sets the statewide rules, but your local county Department of Job and Family Services handles the actual inspections and day-to-day compliance monitoring.

You'll interact with two portals: the Ohio Professional Registry (OPR) for your training records and background-check requests, and OCLQS for your license application and inspection reports. Both are mandatory, and they don't always sync automatically, so keep your own records.

Core Requirements for Every Licensed Home

Whether you apply for Type A or Type B, the DCY requires the same baseline:

Education: High school diploma or GED. No early childhood degree required for home providers, though additional credentials help with your SUTQ quality rating later.

Pre-licensing training: Free online modules through the OPR covering licensing rules, SUTQ standards, business operations, and child safety. This training must be completed within five years of your application date.

Background checks: BCI and FBI fingerprinting through a WebCheck location for you, any staff, and every adult household member age 18 or older. The county also searches the SACWIS child welfare database.

Medical statement: A signed JFS 1280 form from a physician, PA, or APRN confirming you're physically capable of caring for children. Must be dated within 12 months of your application.

Application fee: $25, paid through the OCLQS portal. Non-refundable.

Physical Space Standards

The home inspection checks specific measurements:

• Indoor space: 35 square feet of usable floor space per child, excluding hallways, bathrooms, kitchens, and storage
• Outdoor space: 60 square feet per child, located away from traffic or protected by a continuous fence or natural barrier in good condition
• Temperature: Indoor areas maintained between 65°F and 85°F during operating hours
• Water temperature: Below 120°F at taps children can reach
• Smoke detectors: UL- or FM-certified on every level including the basement
• Carbon monoxide detector: A working detector is required
• Fire extinguisher: Minimum 1A:10BC rating in the kitchen area

What Happens After You Apply

The county licensing specialist conducts an announced pre-licensing inspection. If they find violations, you submit a Corrective Action Plan through OCLQS detailing how you've fixed each issue.

Once approved, you receive a 12-month provisional license. During that year, expect at least two compliance inspections. To earn a continuous (non-expiring) license, you need to demonstrate ongoing compliance with children actively enrolled and attending — the specialist must see your program in action at least once before recommending the upgrade.

After you have a continuous license, you'll face a minimum of two inspections per state fiscal year, at least one unannounced.

Violations and the Points System

The DCY uses a non-compliance points system. Moderate-risk violations (incomplete records, minor safety hazards, missed fire drill documentation) carry three points each. Serious-risk violations (exceeding capacity, leaving a child unsupervised, skipping background checks, physical discipline) carry six points each.

Accumulating 24 or more points in a 12-month period can trigger license revocation proceedings or removal of your SUTQ rating. You have 10 business days after receiving an inspection report to request an administrative review if you disagree with a finding.

Next Steps

The licensing process typically takes 60 to 180 days from start to finish, with the background check processing and home preparation eating the most time. Getting the sequence right — training first, then background checks, then home prep, then application — avoids the expensive mistake of renovating before you know whether everyone in your household will clear.

For a step-by-step breakdown of the full application sequence with timelines, checklists, and the exact WebCheck codes you'll need, see our Ohio Home Daycare License guide.

See more Ohio guides →