What Is Licensing?
The purpose of child care licensing is to assure that children receiving early childhood services be provided food, shelter, safety, comfort, supervision, and learning experiences commensurate to their age and capabilities, so as to safeguard the health, safety, and development of those children.
North Dakota state laws, and local ordinances in some locations, regulate child care licensing.
Who Administers Child Care Licensing In North Dakota?
The Early Childhood Licensing Unit monitors and supports all licensed and certified child care programs. The unit consists of licensing specialists, licensing supervisors, a resource and referral specialist, and a licensing administrator.
The Licensing Unit is the first point of contact for initial child care licensing and certification. Additionally, the unit also establishes policy and standards to regulate for the health, safety, and well-being of the children in licensed and certified child care programs.
Contact a Licensing Specialist
Who Needs To Be Licensed?
North Dakota Century Code Chapter 50-11.1 defines "early childhood services" as the care, supervision, education, or guidance of a child or children, which is provided in exchange for money, goods, or other services.
- Any person providing early childhood services for more than five children or more than three children under the age of 24 months, including their own children, must be licensed.
- Any person providing early childhood services for five or less children, of which no more than three children are under the age of 24 months, including their own children, can choose to become a self-declared provider.
Licensing Exemptions
Early childhood services does not include:
- Substitute parental child care provided pursuant to chapter 50-11.
- Child care provided in any educational facility, whether public or private, in grade one or above.
- Child care provided in a kindergarten which has been established pursuant to chapter 15.1-22 or a nonpublic elementary school program approved pursuant to section 15.1-06-06.1.
- Child care, preschool, and prekindergarten services provided to children under six years of age in any educational facility through a program approved by the department.
- Child care provided in facilities operated in connection with a church, business, or organization where children are cared for during periods of time not exceeding four continuous hours while the child's parent is attending church services or is engaged in other activities, on the premises.
- Schools or classes for religious instruction conducted by religious orders during the summer months for not more than two weeks, Sunday schools, weekly catechism, or other classes for religious instruction.
- Summer resident or day camps for children which serve no children under 6 years of age for more than two weeks.
- Sporting events, practices for sporting events, or sporting or physical activities conducted under the supervision of an adult.
- Head start and early head start programs that are federally funded and meet federal head start performance standards.
- Child care provided in a medical facility by medical personnel to children who are ill.
A government entity may operate a non-licensed early childhood program, known as a Public Approval, upon self-certifying that the program complies with North Dakota Century Code Chapter 50-11.1.
These exempt programs are not eligible to receive Child Care Assistance Program funding.
Why Do Child Care Programs Need To Be Licensed And Monitored?
Not only does licensing assure local and state ordinances are met by child care providers, but it also assures compliance with the Child Care and Development Fund (CCDF) program.
CCDF supports North Dakota’s efforts to provide child care subsidies through the Child Care Assistance Program to more than 4,100 children from 2,600 income-eligible families, making child care more affordable as they work toward economic security.
To receive federal CCDF funds, states must establish requirements for health and safety standards in 11 areas. All licensed and self-declared providers in North Dakota are eligible to receive CCDF funding and must follow these standards.
To assure health and safety standards are being met by child care providers, states must conduct both announced and unannounced monitoring visits annually.
Monitoring Visits and Corrective Action
Monitoring Visits
To ensure health and safety standards are being met by child care providers, licensing specialists will conduct, at a minimum, one announced and one unannounced monitoring visit annually.
Child Care and Development Fund regulations require three years of monitoring visit results be made available to the public. The public can view the monitoring results within the child care licensing report in each program’s profile using North Dakota’s online search tool.
Correction Orders
Correction Orders may be issued to licensed or self-declared providers for violations of law or rules. Corrections must be made within the time frame listed on the Correction Order. The child care program owner or director may submit a refutation request regarding a correction order via the online Child Care Licensing system.
Child Care and Development Fund regulations require information about substantiated parental complaints be made available to the public. The public can view correction orders for the past three years, including those issued as a result of a monitoring visit due to a substantiated complaint, within the child care licensing report in each program’s profile using North Dakota’s online search tool.
Compliance Plans
North Dakota child care rules and regulations authorize licensing specialists to require non-compliant licensed and self-declared child care programs to correct identified issues. The goal of this process is to help programs access consultation and support services to make improvements.
Compliance plans are based on program corrective actions issued by child care licensing.
The services required fall on a continuum of strategies, some necessitating minimal communication and others requiring a more coordinated approach to correct the non-compliances.
- Child care provided in a medical facility by medical personnel to children who are ill.
A government entity may operate a non-licensed early childhood program, known as a Public Approval, upon self-certifying that the program complies with North Dakota Century Code Chapter 50-11.1.
These exempt programs are not eligible to receive Child Care Assistance Program funding.
Mandated Reporting
As a mandated reporter, child care providers are required to report immediately suspected child abuse or neglect as required by North Dakota Century Code section 50-25.1-03.
To report suspected child abuse and neglect, call the statewide toll-free Child Abuse & Neglect Reporting Line 1-833-958-3500, 711 (TTY), between 8 a.m.–5 p.m. CT, Monday-Friday (7 a.m.– 4 p.m. MT).
- A dedicated team of specialized child protection intake professionals will answer and gather all needed facts so local CPS workers in the human service zones can act more quickly to protect children.
- Please know that calls to local human service zone offices to report suspected child abuse and neglect are rerouted to the centralized Child Abuse & Neglect Reporting Line.
IMPORTANT: If it's an EMERGENCY and a child is in immediate DANGER, CALL 9-1-1 NOW.
Food Establishment Licenses
Do I need a food establishment license?
You do not need a food establishment license if your child care program is located in an occupied private residence.
You may need a food establishment license if your child care program is located in a facility which is not occupied as a private residence.
- To determine food licensing requirements, it is important to contact the food licensing authority for your location as soon as possible and prior to any construction, remodel, conversion, or renovation.
Questions? Contact Us
Early Childhood
600 E. Boulevard Avenue, Dept. 325
Bismarck, ND 58505-0250
Phone: (701) 328-2115, 711 (TTY)
Toll-Free: (800) 997-8516
Email: dhsec@nd.gov