Last updated 2026-07-09
TL;DR
Maryland home daycare providers caring for more than 1 unrelated child must be licensed by the Office of Child Care. The license caps you at 8 children (including your own under age 6), requires a home inspection, CPR and first aid training, background checks for all household members 18+, and liability insurance. The process takes 60 to 120 days and costs under $100 in state fees.
What are the licensing requirements for in-home daycare in Maryland?
Maryland law requires anyone who cares for more than 1 unrelated child under age 13 in their home for pay to hold a Family Child Care (FCC) license from the Maryland Office of Child Care (OCC) [1]. There is no gray area. One extra child beyond your own triggers the requirement.
The core requirements stack up like this. You must be at least 18 years old, pass a background check, complete 90 hours of pre-licensing training broken into specific topic areas, hold current CPR and first aid certification, keep a home that passes a physical inspection, carry liability insurance, and clear every household member age 18 or older through the Maryland Child Abuse and Neglect registry and the criminal background systems [1].
The OCC publishes COMAR 13A.15 as the controlling regulation for family child care. COMAR is the Code of Maryland Regulations, and Title 13A covers education and child care [2]. Read the actual regulation text. The OCC sometimes copies the regulation wording verbatim onto its inspection forms, so the words you study are the words you will be graded on.
Providers miss one thing constantly. Anyone who regularly helps in the home, including a spouse or adult child who lives there, has to complete the background clearance even if they never formally assist with child care. The OCC reads "household member" broadly.
How many children can a Maryland home daycare legally watch?
A standard Maryland family child care license allows a maximum of 8 children at any one time, counting your own children under age 6 [1]. Two kids of your own under 6 means you can accept 6 paying children, not 8.
There is a smaller option. The Small Home Child Care license covers no more than 3 children total (including your own under 6), with lighter training and a simplified inspection. That fits providers just starting out or watching a few neighbors' kids part-time.
Age breakdown matters. Of the 8 children a standard license permits, no more than 2 may be infants (under 12 months), and no more than 3 may be children under age 2. These sub-limits are hard caps written into COMAR 13A.15 [2]. No parent waiver gets you around them.
Want more than 8 children? Maryland makes you operate as a licensed Child Care Center, a completely different track with its own staffing ratios and facility rules. Home-based operations get no waiver to the 8-child cap.
| License type | Max children total | Max infants (<12 mo) | Pre-licensing training |
|---|---|---|---|
| Small Home Child Care | 3 (incl. own <6) | 1 | 45 hours |
| Family Child Care | 8 (incl. own <6) | 2 | 90 hours |
| Child Care Center | Varies by room | Per approved staffing plan | 45+ hours (director) |
What does the Maryland home daycare inspection checklist cover?
A licensing specialist walks through your home before issuing the license, then runs at least one unannounced follow-up inspection per year after that [1]. The visit is not casual. Inspectors work from a written checklist tied directly to COMAR 13A.15, so knowing what they check is the same as knowing the regulation.
The main categories break down like this.
Physical space. Every room used for child care needs natural or mechanical ventilation, adequate lighting, and a temperature held between 65 and 82 degrees Fahrenheit. Infant sleeping areas must have firm, flat surfaces with no soft bedding. Outdoor play areas must be fenced or otherwise kept safe from traffic [2].
Safety and hazard control. Cover the outlets children can reach. Firearms have to be unloaded and stored in a locked cabinet separate from locked ammunition. Cleaning products, medications, and toxic substances go locked up or fully out of reach. Hot water at child-accessible sinks caps at 120 degrees Fahrenheit, and many inspectors bring their own thermometer to check.
Emergency preparedness. You need a written evacuation plan posted where people can see it, a working smoke detector on every level and in every sleeping room, a carbon monoxide detector near sleeping areas, and a charged fire extinguisher rated 2A-10BC or better in the kitchen [2].
Documentation. Inspectors check for signed enrollment forms, emergency contact cards, immunization records for each child, and signed medication authorization forms where they apply. They verify your CPR and first aid certifications are current.
Pets. Animals in the home must be vaccinated per local ordinance and kept away from children's food areas. An inspector can flag an untrained dog as a hazard even if it has never bitten anyone.
For a printable self-audit version organized by inspection category, the ChildCareComp compliance toolkit mirrors the COMAR 13A.15 structure so you can walk your own home before the official visit.
Providers in other states ask how Maryland compares. A home daycare inspection checklist built around sanitation covers the same ground everywhere, and the core environmental items (temperature, ventilation, outlet covers, locked hazardous materials) show up in nearly every state's standards, Texas included. The Texas child care inspection framework shares many categories with Maryland's COMAR 13A.15, though Texas splits licensed and registered home care differently [3].
How long does it take to get a Maryland family child care license?
Plan for 60 to 120 days from application to license, assuming your background checks and training finish on schedule. The OCC does not publish a guaranteed timeline, and some providers in suburban counties report closer to 4 months.
The bottleneck is almost always the background clearances. Maryland runs a Child Protective Services (CPS) registry check, a Maryland Criminal Justice Information System (CJIS) check, and an FBI fingerprint-based check. CJIS and CPS results usually come back in 2 to 4 weeks. The FBI check can take 6 to 10 weeks depending on volume [1].
Training runs on a parallel track, so start it the day you decide. The OCC requires 90 clock hours covering child development, health and safety, family communication, and program management. Maryland Community College continuing education programs and some Child Care Resource Centers offer these courses online or in hybrid formats, which helps providers who cannot leave home easily [4].
You cannot legally accept children for pay until the license is issued. Maryland allows no provisional paid operation while your application sits in the queue.
What does it cost to open an in-home daycare in Maryland?
The OCC charges no application fee and no license fee for family child care as of 2025 [1]. That is genuinely unusual. Most states charge $50 to $300 just for the paperwork. Maryland eats that cost.
A free license is not a free business, though. Your real startup money goes to a handful of line items.
Training. Budget $300 to $800 for 90 hours of pre-licensing training, depending on the provider and format. Some Child Care Resource Centers offer subsidized or free training in certain counties.
Background checks. The FBI fingerprint-based check runs roughly $18 to $30 per household member. Every adult in the home needs one.
Home modifications. This varies wildly. A home with working smoke detectors, a fire extinguisher, and outlet covers already in place might cost under $100 to bring into compliance. Regrade outdoor fencing, add a child-accessible bathroom, or buy commercial-grade cribs, and you are looking at $1,000 to $5,000 or more.
Insurance. Maryland does not name a minimum coverage amount in the regulation, but most home daycare policies start around $300 to $600 per year for $1 million in general liability. Homeowner's insurance almost never covers commercial child care, so skipping this is not an option. Our guide to home daycare insurance breaks down what policies actually cover.
CPR and first aid. A certification class costs $60 to $120 per person.
Add it up. A provider with a reasonably code-compliant home should expect $800 to $2,500 in total startup spending, before furniture and supplies.
On the income side, Child Care Aware of America's 2024 data puts home-based full-time infant care in Maryland at a median of roughly $13,000 to $17,000 per year per child, with lower rates for toddlers and preschoolers [5]. A fully enrolled 8-child home with a mixed age group can gross $60,000 to $90,000 a year before expenses. Take-home after food, supplies, insurance, taxes, and any assistant wages runs considerably lower.
Does Maryland require background checks for home daycare providers?
Yes, and the net is wide. Every person age 18 or older who lives in the home must clear the background process, not only the licensed provider [1]. That pulls in spouses, adult children, roommates, and anyone else whose main residence is the home.
Three checks are required: a Maryland CPS central registry check, a Maryland CJIS criminal history check, and an FBI fingerprint-based national criminal history check. Fingerprinting goes through the OCC's approved vendor. Providers kick off the process through the OCC's online licensing portal.
Disqualifying convictions under COMAR 13A.15 include crimes against children, crimes of violence, and certain drug offenses. The OCC can review cases individually when a conviction is old or only loosely tied to child safety, but that review is not automatic. You can request it. It adds time.
Clearances renew every 5 years for continuing providers. If a new adult moves into the household after you are licensed, notify the OCC and start clearances for that person before they move in.
What training is required before opening a home daycare in Maryland?
Maryland requires 90 clock hours of pre-service training for a standard Family Child Care license [1]. Those hours split across set content areas, and general college coursework cannot substitute unless the OCC reviews and approves the equivalency.
The content areas are child development and learning, health and safety practices (CPR and first aid live inside this one), child guidance, family and community relationships, and program planning and management. The OCC sets minimum hours for some categories, so you cannot dump all 90 hours into a single subject.
CPR and first aid certification is a separate requirement from the 90 hours. It has to come from a recognized organization (Red Cross, American Heart Association, or equivalent) and must cover infant and child CPR, not adult only.
Once licensed, Maryland providers complete 24 hours of continuing education per year to keep the license [1]. At least 3 of those hours must be health and safety content. The OCC tracks this through the Maryland Child Care Credential system, which links training to EXCELS quality ratings and can affect your eligibility for subsidy contracts.
The Small Home Child Care license needs only 45 pre-service hours. That is why some providers start there and upgrade later.
How does Maryland's EXCELS rating system affect home daycare providers?
EXCELS is Maryland's tiered quality rating and improvement system (QRIS) [6]. Joining is voluntary. The money says otherwise. Maryland's Child Care Subsidy Program, funded through the federal Child Care and Development Fund (CCDF), pays higher reimbursement rates to providers at higher EXCELS levels.
A CCDF reimbursement contract is how many home providers hold steady income, especially in lower-income communities where families qualify for subsidies. As of 2024, CCDF-eligible Maryland providers who reach EXCELS Level 3 or above get a rate differential on top of the base subsidy rate [7].
The five levels build on training and credentials, environment quality, and administrative practices. Level 2 requires your MSDE credential application and basic program standards. Level 3 and above require formal observation using a tool like the Family Child Care Environment Rating Scale (FCCERS-R).
If you plan to accept children whose families receive subsidies, and roughly 30% of Maryland children in licensed care use some subsidy [7], EXCELS is not optional background reading. It sets the rates you get paid.
Can you watch a child before your Maryland license is approved?
No. Caring for more than 1 unrelated child under 13 for pay without a license is illegal in Maryland. There is no provisional period. There is no "in-application" status that lets you take money for care.
The state does allow unlicensed care in narrow cases. A relative (parent, grandparent, sibling, aunt, uncle, or first cousin) can care for a child without a license. A family friend caring for 1 unrelated child can operate without one. The moment you accept a second unrelated child for pay, the license requirement kicks in [1].
Penalties for unlicensed operation reach a civil fine of up to $1,000 per day per violation under Maryland Family Law Article Section 5-550, plus a possible criminal referral for repeat cases. The OCC investigates complaints from parents and neighbors.
The practical move is to get fully licensed first, then start marketing. Some providers shadow an existing licensed provider as a volunteer assistant to get comfortable with operations while their own clearances process.
How do Maryland home daycare inspections work after you're licensed?
Once you have your license, the OCC runs at least one inspection per year, announced or unannounced [1]. Providers with complaints filed against them or prior compliance problems get more frequent visits.
Inspectors can show up unannounced during your licensed hours. You cannot refuse entry. The inspection covers the same physical environment and documentation categories as the licensing visit, plus a check of your current enrollment against your licensed capacity and a look at whether every child present has up-to-date emergency forms.
Violations come in two flavors. A "Type I" violation is an immediate health and safety threat that requires correction within 24 hours or child care stops. A "Type II" is less urgent, with a set correction timeline. Stack up too many Type II violations in a licensing period and you can trigger a corrective action plan, then eventually suspension or revocation.
Inspectors flag one thing over and over: expired CPR cards. Certification usually runs 2 years, and providers let it slip because renewal means scheduling a class, not clicking through an online module. Mark your renewal date the day you first certify and set a reminder 60 days out.
A clean sanitation log between inspections helps too. Solid daycare cleaning records tell an inspector you run a system instead of scrambling the night before.
What does Maryland home daycare cost families, and how do subsidies work?
Maryland families pay among the higher child care rates in the Mid-Atlantic. Child Care Aware of America's 2024 report puts center-based infant care in Maryland at roughly $18,000 to $24,000 per year depending on county, with home-based care at $13,000 to $17,000 per year for infants [5]. Part-time arrangements cost proportionally less, though the per-hour rate sometimes runs higher. Our part time daycare guide compares the options.
Families earning below 85% of the state median income may qualify for Maryland's Child Care Subsidy Program, the state's CCDF-funded program [7]. The subsidy covers part or all of the provider's rate depending on the family's income tier. Providers who accept subsidies must be EXCELS-rated and set rates within the state's reimbursement schedule.
The gap between what the state reimburses and what the market actually charges has been a stubborn problem. Child Care Aware has documented that CCDF reimbursement rates in many states, Maryland among them, fall below the 75th percentile of local market rates, which pushes providers to either turn away subsidy families or absorb the difference [5].
For families weighing the daycare cost of a home provider against a center, the home provider usually costs less, bends more on hours, and runs smaller groups, which some parents prefer for infants.
One more thing. Under the American Rescue Plan Act, Maryland received substantial CCDF stabilization funding in 2021 and 2022. Most of that has now wound down, and some providers who expanded during that stretch are raising rates to stay viable.
How do Maryland home daycare rules compare to other states like Texas?
Maryland and Texas regulate home-based care very differently. Texas runs a two-tier system: a "Listed Family Home" (registered with the state, minimal oversight, up to 3 unrelated children) and a "Licensed Child Care Home" (4 to 12 children, full inspection and training) [3]. Maryland has no minimally-regulated tier for any paid care of more than 1 unrelated child. You are either licensed or you are not.
On ratios, Maryland caps a solo provider at 8 children with no more than 2 infants. Texas Licensed Child Care Homes allow up to 12 children with an assistant, and the infant sub-ratio runs 1 caregiver per 4 infants [3]. Maryland stays tighter on infants.
The home daycare inspection checklist categories look similar across both states: physical environment safety, emergency preparedness, documentation, and health practices. But Texas makes the provider post a "Parents' Rights" notice and keep a specific grievance procedure document, neither of which Maryland requires in the same form.
Background checks track closely. Both states require criminal history and child abuse registry checks for all household members. Texas layers in continuous automated monitoring against the sex offender registry, while Maryland relies on its periodic renewal cycle.
On price: Texas home-based care tends to cost families significantly less than Maryland care, mostly because of the gap in cost of living and average provider wages [5].
Frequently asked questions
Do I need a license to watch 2 kids in my Maryland home?
Yes, if you are paid and the children are unrelated to you. Maryland law requires a license once you care for more than 1 unrelated child under age 13 for compensation. Caring for a relative's child (grandchild, niece, nephew) is exempt. Watching your neighbor's two kids for pay without a license violates Maryland Family Law Article Section 5-550 and can bring fines up to $1,000 per day.
How many infants can a Maryland home daycare have?
A licensed Maryland Family Child Care home may have no more than 2 infants (under 12 months) at any time. A Small Home Child Care license limits you to 1 infant. These sub-limits sit inside the total child cap (8 for standard FCC, 3 for small home). No parent waiver lets you exceed them. COMAR 13A.15 sets these caps.
Can I get a Maryland home daycare license if I rent my home?
Yes, renters can be licensed, but you need written permission from your landlord. The OCC requires documentation that your lease allows commercial use of the property as a family child care home. Some landlords refuse or attach conditions. Check your lease for any prohibition on running a business from the unit before you invest time in training and background checks.
What background checks does Maryland require for home daycare?
Maryland requires three clearances for every household member age 18 and older: a Maryland CPS central registry check, a Maryland CJIS criminal history check, and an FBI fingerprint-based national criminal history check. Fingerprinting goes through the OCC's approved vendor. Results from all three must be on file before the license is issued. Clearances renew every 5 years.
How much does a Maryland family child care license cost?
The Maryland OCC charges no application fee and no license fee for family child care licenses. Your real costs are training (roughly $300 to $800 for 90 hours), fingerprint fees ($18 to $30 per household adult), CPR certification ($60 to $120), and any home modifications needed to pass inspection. Total startup costs typically run $800 to $2,500, before furniture or supplies.
What is the EXCELS rating system and does my home daycare have to join?
EXCELS is Maryland's voluntary quality rating system with 5 levels. You do not need it to be licensed, but it affects your income. Providers who accept families using Maryland's Child Care Subsidy (CCDF funds) must be EXCELS-rated, and higher ratings earn higher reimbursement from the state. If you plan to serve any subsidized families, you will engage with EXCELS. Most new providers start at Level 1 or 2.
How often does Maryland inspect licensed home daycares?
The Office of Child Care inspects licensed family child care homes at least once per year, announced or unannounced. Providers with complaints on file or prior compliance issues may see more frequent visits. You cannot refuse entry. Inspectors check the physical space, documentation, enrollment records, and current certifications like CPR. Type I violations (immediate safety threats) require correction within 24 hours.
Does Maryland home daycare insurance cover claims from injuries at my home?
Standard homeowner's or renter's policies exclude commercial child care, so injuries to children in your care are typically not covered. You need a separate home daycare liability policy. These start around $300 to $600 per year for $1 million in general liability. Maryland regulations require proof of insurance for licensing. Our guide to home daycare insurance covers what different policies actually include.
Can Maryland home daycare providers deduct expenses from their taxes?
Yes. The IRS lets home daycare providers use the time-space percentage method to deduct a portion of home expenses (mortgage or rent, utilities, maintenance) as business costs. IRS Publication 587 explains the method. You can also deduct food using actual cost records or the USDA CACFP standard meal rates. Keep receipts for everything from day one.
What is the Child and Adult Care Food Program (CACFP) and can home daycares participate?
CACFP is a USDA program that reimburses licensed home daycare providers for nutritious meals and snacks served to enrolled children. Reimbursement rates vary by the income tier of participating families. Maryland home daycares enroll through a sponsoring organization rather than directly with USDA. CACFP can bring real income (often $300 to $600 per month for a full home) and carries its own food safety recordkeeping that inspectors sometimes check.
What is the difference between a Small Home Child Care license and a Family Child Care license in Maryland?
A Small Home Child Care license covers up to 3 children total (including your own under age 6) and requires 45 hours of pre-service training. A standard Family Child Care license covers up to 8 children and requires 90 hours. Small Home providers can have only 1 infant. Both require background checks and home inspections. Many providers start with the Small Home license and upgrade after finishing more training and building enrollment.
How do I find families who need a home daycare in Maryland?
Maryland's Child Care Resource Centers (CCRCs) run a statewide referral network and list licensed providers at no cost to you. The OCC also lists licensed providers publicly. Word of mouth from current families is the single strongest channel for most home providers. Community Facebook groups, Nextdoor, and Care.com can supplement referrals. Being EXCELS-rated makes you visible to families searching specifically for quality-rated care.
Does a Maryland home daycare need to have a written contract with families?
Maryland regulations require signed enrollment forms for each child covering emergency contacts, health information, and authorization for emergency medical care. A separate contract covering rates, late fees, vacation policies, and termination terms is not required by regulation but is strongly advisable. Without one, disputes over late payment or abrupt withdrawals leave you little recourse. Most experienced providers use a contract 3 to 5 pages long.
Can I watch school-age children before and after school in my Maryland home daycare?
Yes. School-age children (6 and older) count toward your total enrollment cap but not toward the under-6 count that limits how many of your own children reduce your capacity. A Family Child Care license covers children up to age 13. If school-age children are present during morning drop-off while younger children are also in care, all of them count toward your 8-child maximum. You cannot exceed the total cap during any overlap.
Sources
- Maryland State Department of Education, Office of Child Care, Family Child Care Licensing: Maryland requires a Family Child Care license for care of more than 1 unrelated child under 13 for pay; standard license caps at 8 children including own under 6; annual inspection; 90-hour pre-service training; 24 hours continuing education per year; background checks renew every 5 years
- Maryland COMAR Title 13A.15, Family Child Care Regulations: COMAR 13A.15 governs infant sub-ratios (max 2 under 12 months), physical environment requirements including temperature range, hot water maximum 120 F, fire extinguisher rating, and emergency plan posting
- Texas Health and Human Services, Child Care Regulation: Texas uses a Listed Family Home tier (up to 3 unrelated children, minimal oversight) and Licensed Child Care Home (4-12 children, full inspection); infant ratio is 1:4 for licensed homes; Texas requires posted Parents' Rights notice
- Maryland State Department of Education, Child Care Credential and Training: Pre-licensing training for FCC providers is available through Maryland Community College continuing education programs and Child Care Resource Centers; content areas specified by OCC
- Child Care Aware of America, 2024 State Fact Sheets: Maryland home-based infant care costs families a median of roughly $13,000 to $17,000 per year; CCDF reimbursement rates in many states fall below the 75th percentile of local market rates
- Maryland EXCELS Quality Rating and Improvement System: EXCELS is Maryland's voluntary five-level QRIS; participation affects subsidy reimbursement rates; Level 3+ requires formal FCCERS-R observation
- U.S. Department of Health and Human Services, Office of Child Care, CCDF Policy: CCDF is the federal funding stream for state child care subsidy programs; states must use funds to serve families below 85% of state median income; higher-rated providers can receive rate differentials
- USDA Food and Nutrition Service, Child and Adult Care Food Program: CACFP reimburses licensed home daycare providers for meals and snacks; Maryland home daycares enroll through a sponsoring organization
- Maryland Family Law Article, Section 5-550, Annotated Code of Maryland: Civil penalty for unlicensed child care operation in Maryland is up to $1,000 per day per violation
- IRS Publication 587, Business Use of Your Home: IRS allows family child care providers to deduct home expenses using the time-space percentage method