Child Care Rulemaking Projects

The Division of Early Care and Education posts notices and documents related to rulemaking projects. Information regarding rulemaking projects can be found by clicking on the program area below.

Compliance with Child Care Development Fund (CCDF) Requirements

The following documents are for your review; please read through them carefully: 

• Statement of Scope
   

Biennial Budget Regulation Changes

The below changes are related to the 2025-27 Early Care and Education Biennial Budget Implementation. 

The following documents are for your review; please read through them carefully: 

• Statement of Scope
   

Assistant Child Care Teachers

Sixteen-year-olds may serve as assistant teachers under the supervision of child care teachers in group child care programs. This change to statute is currently in effect and we will update DCF 251 in the future to reflect the changes.

There are several related items that will still need to be implemented which we will share information as we have it.

Please note: How the biennial budget change to assistant teacher requirements applies to certified child care programs and day camps is still under review.

Assistant Child Care Teachers FAQs

What are the requirements for 16-year-olds to work as assistant child care teachers? 

They must complete at least one of the following within six (6) months after assuming the position:
a. Two credits in early childhood education or its equivalent.
b. One non-credit, department-approved course in early childhood education.
c. An assistant child care teacher training program approved by the department of public instruction.

Can 16-year-olds work in all regulated child care programs? 

A 16-year-old may serve as an assistant child care teacher under the supervision of child care teachers in group child care programs. They may also serve as a program aide in licensed family child care and group child care programs, a school-age program aide in a group child care program. 

16-year-olds may not serve as assistant child care teachers in licensed or certified family child care programs or day camps. 

Can 16-year-olds provide sole supervision of children?

No, in order to provide sole supervision in limited situations, assistant teachers must be 18 years old and have completed their educational requirements.

Can 16-year-olds work as group leaders in a school-age program? 

No, the statute change only allows 16-year-olds to work as an assistant child care teacher. While the roles are similar between assistant teachers and school-age group leaders, they are not the same and the qualifications are different.

What other roles can 16- year-olds have in regulated child care programs? 

A 16-year-old may also serve as a program aide in licensed family child care and group child care programs, a school-age program aide in a group child care program, and an assistant child care teacher in a school-age program under the supervision of a staff member with child care teacher qualifications.

Will 16-year-olds be able to work as school-age group leaders, camp counselors, or assistant providers in a licensed family child care program in the future?  

DCF is currently exploring options to allow 16 and 17 year olds to work in these capacities. More information will be forthcoming.

When will the changes to assistant child care teacher qualifications be reflected in DCF 251?

The 25-27 biennial budget changes for assistant child care teachers in group child care programs were made in statute. Those changes need to be made in DCF 251 through the administrative rule revision process, which can take several months. We are currently working on the rule revision process and anticipate those changes will be reflected in the administrative rules in the summer of 2026.
 

Large Family Child Care

Family child care providers with sufficient staff and space will be able to serve up to 12 children. 

Large Family Child Care FAQs

When can I increase my licensed capacity to care for up to 12 children?

DCF is not ready to implement changes to family child care licensed capacity at this time, and needs to consider other related rules. Providers must still operate within their current licensed capacity until new guidelines are developed. More information will be forthcoming.

Can I care for 12 children on my own or will I always need two providers?

DCF is still in the process of developing ratio charts for large family child care. In most situations, a family child care program will need two providers to care for 12 children at one time. 

Why are large family child care rules and ratios not in effect right now?

The biennial budget changed the licensing statute to allow DCF to license a family child care program up to 12 children. DCF now needs to write and revise administrative rules to allow family child care programs to increase their capacity and care for more children. We are working as quickly as possible through this process.

Will square footage per child change with the group size and ratio changes?

No, family child care programs will still be required to have 35 square feet of usable indoor space per child (see DCF 250.06(1)(b)1.) and 75 square feet of outdoor play space per child (see DCF 250.06(11)(b)2.).

Will the ratios change for children 18 months - 2 years like they have in group child care programs?

DCF is still developing the ratios for children in this age group. More information will be forthcoming.

When will the large family rules go into effect?

We anticipate the revised rules for large family child care will go into effect in the summer of 2026.

What will I need to do to increase my capacity beyond 8 children?

When the department is closer to implementing the revised child care licensing rules, we will have a checklist for family child care providers to follow with more information. In general, providers will need to be in compliance with licensing rules and contact their licensing specialist to request an increase in their licensed capacity.

What will happen if I have an assistant (second) provider to meet staff-to-child ratios and that provider is out sick for the day or can't come to work? Do I have to pick and choose which children attend?

Child care programs that have more than one provider to meet the required staff-to-child ratios will need to have a policy in place to accommodate staff absences. This may include having a substitute, closing the center, caring for fewer children, etc.

Will the new family child care group size and ratios impact certified family child care?

No, administrative rules under DCF 202.08(6) Maximum Number of Children a certified operator may care for remains the same.