To open a daycare in SC, you register with the South Carolina Department of Social Services (DSS) under one of three facility categories, clear criminal background and child-abuse registry checks, pass health, fire, and zoning inspections, carry liability insurance, and file DSS Form 2902 with its supporting documents. DSS then has 90 days to approve or deny the application.
Pick Your Facility Category First
Everything else — square footage, staffing, inspections — flows from which category you fall into. South Carolina law defines three, based on how many children you serve.1South Carolina Legislature. South Carolina Code of Laws Title 63 Chapter 13 – Childcare Facilities
- A family child care home operates inside the residence where the operator lives and cares for no more than six children total, counting the operator’s own children living in the home and any related children.
- A group child care home also runs out of the operator’s residence but serves seven to twelve children, with the same counting rules.
- A child care center is any facility that regularly receives thirteen or more children. Centers do not need to be in a residence and face the heaviest requirements.
One boundary worth knowing before you file anything: if you only watch children related to you, or children from a single unrelated family, South Carolina does not treat your home as a childcare facility. Licensing kicks in when you care for children from multiple unrelated families on a regular basis.
Set Up the Business and Get an EIN
South Carolina does not require a specific business entity for daycare operations. A sole proprietorship is the simplest route, but it leaves your personal assets exposed to any lawsuit against the daycare. A limited liability company puts a legal wall between you and the business; Articles of Organization filed with the Secretary of State cost $110.2South Carolina Secretary of State. Downloadable Paper Forms – Starting a Business in South Carolina A single-member LLC defaults to sole-proprietor taxation but can elect S corporation treatment with IRS Form 2553.
If you plan to hire staff, you need an Employer Identification Number from the IRS. Applying online at irs.gov generates the EIN immediately; fax takes about four business days, and mail runs four to five weeks.3Internal Revenue Service. Instructions for Form SS-4 Application for Employer Identification Number
Clear Background Checks and Confirm Staff Qualifications
DSS draws a hard line on screening. Every person who works in or lives at the facility must clear three checks:
- An FBI fingerprint-based criminal history check.
- A State Law Enforcement Division (SLED) search for South Carolina records.
- The Central Registry of Child Abuse and Neglect.
Disqualifying convictions include violent crimes and offenses against children.4South Carolina Legislature. South Carolina Code 63-13-40 – Background Checks for Employment A person convicted of one of those offenses who applies for or accepts childcare employment anyway faces a separate misdemeanor charge carrying up to a $5,000 fine and one year in jail.5South Carolina Legislature. South Carolina Code of Laws Title 63 Chapter 13 – Section 63-13-40 Keep every result in the employee’s personnel file; inspectors can ask to see it at any time.
Staff qualifications are set by regulation. The facility director must be at least 21 and hold a degree in early childhood education or a related field. Caregivers and teachers generally must be at least 18, though 16- and 17-year-olds can work in a classroom if continuously supervised by a qualified caregiver who remains in the room.6Cornell Law School Legal Information Institute. South Carolina Code Regs 114-513 – Management, Administration, and Staffing
During all hours of operation, at least one caregiver on the premises must hold a current certificate in basic first aid and child-infant CPR. The only exception is registered family childcare homes.7South Carolina Legislature. South Carolina Code 63-13-110 – First Aid and CPR Certification Certify more than one staffer so a single sick day doesn’t put you out of compliance.
Staff-to-child ratios are set by age and enforced at all times children are present, including field trips, and the posted ratios tighten considerably for infants and toddlers.8Justia Regulations. South Carolina Code Regs Section 114-524 – Application of Staff to Child Ratios Build your staffing plan against the specific ratio table in the regulations before you set enrollment targets.
Line Up Zoning, Fire, and Health Approvals
Several approvals come from different agencies, so start them in parallel. Waiting on one can stall the whole file.
Call your local planning department first and confirm childcare is a permitted use at the address. A residential property that looks perfect may sit in a zone that bars commercial childcare. Once zoning is confirmed, request a fire safety inspection. Under state law, health and fire inspections for centers and group homes are performed by the Department of Health and Environmental Control, the Office of the State Fire Marshal, or local fire authorities at DSS’s request.9South Carolina Legislature. South Carolina Code of Laws Title 63 Chapter 13 – Section 63-13-80 Inspectors check exits, suppression and alarm systems, and general building safety.
Space minimums are strict. Indoor play areas must provide at least 35 square feet per child, measured wall to wall and excluding hallways, bathrooms, and storage. Outdoor play space requires at least 75 square feet per child and must be enclosed with appropriate fencing or barriers. DSS calculates your allowed capacity from the usable square footage, so a smaller building directly caps enrollment.
Health inspections look at food preparation surfaces, safe drinking water, ventilation, and temperature control. Older buildings may also be checked for lead-based paint hazards. DSS Form 2908 records the results and goes into your licensing file.
Carry Liability Insurance
South Carolina requires every childcare facility to show proof of liability insurance.10South Carolina Legislature. South Carolina Code of Laws Title 63 Chapter 13 – Section 63-13-210 The statute does not set a minimum coverage amount, but if you choose not to carry coverage, you must give written notice to every parent whose child is in your care. Most childcare policies combine general and professional liability, and several carriers offer packages built for daycares.
File DSS Form 2902 and Supporting Documents
With permits, clearances, and inspection results in hand, formal licensing begins with DSS Form 2902, Application to Operate a Child Care Facility.11South Carolina Department of Social Services. DSS Form 2902 – Application to Operate a Child Care Facility Bundle it with:
- DSS Form 2905, Health and Fire Inspection Request.
- DSS Form 2964, staff list including the director and at least two additional staff members.
- DSS Form 2924, Consent to Release Information and Compliance Statement, for the operator, all caregivers, and every household member over 18.
- Three reference letters for the director.
Mail the package to the Child Care Licensing Regional Office that covers your county. Background check forms and fees go separately to the Child Care Licensing Central Office in Columbia (P.O. Box 1520, Columbia, SC 29202-1520), or you can pay the background check fee online. Certified mail with return receipt gives you a dated record of delivery.
What Happens During the 90-Day Review
South Carolina law gives DSS ninety days to approve or deny the application. If DSS fails to act within that window, a provisional license is automatically granted by operation of law.12South Carolina Department of Social Services. South Carolina Child Care Licensing Law – Section 63-13-420 A licensing specialist is assigned to the file, verifies that documentation is complete, and confirms financial and legal disclosures meet state standards.
The process closes with a pre-licensing walkthrough of the entire facility. The specialist checks staffing ratios, background check files, square footage, and fire safety equipment. Any deficiencies must be corrected before a regular license issues, and some, such as insufficient square footage, cannot be fixed quickly.
Once the inspector confirms full compliance, DSS mails the physical license. You must display it in a prominent place at all times and include the license number in all advertisements for the facility.13South Carolina Department of Social Services. South Carolina Child Care Licensing Law – Section 63-13-440
Renewal and Ongoing Training
A regular childcare license is valid for two years from the date of issuance. DSS begins the renewal process 120 days before expiration, notifying you in writing of renewal requirements and requesting fresh health and fire inspections.14Cornell Law School Legal Information Institute. South Carolina Code Regs 114-512 – Procedures Renewal mirrors the original application: background checks, inspections, and documentation all get a fresh review.
Between renewals, directors must complete at least twenty clock hours of approved training each year, and all other caregivers providing direct care must complete at least fifteen approved clock hours annually.15South Carolina Legislature. Document No. 5314 – Regulations for the Licensing of Child Care Centers These hours are on top of keeping CPR and first aid certifications current. Short training hours are a common renewal-inspection deficiency and entirely preventable with a calendar.
Penalties for Operating Without a License
Running a childcare facility without the required license or registration is a misdemeanor. A conviction carries a fine of up to $1,500, imprisonment of up to six months, or both, and DSS can ask family court for an injunction shutting the operation down.16South Carolina Legislature. South Carolina Code of Laws Title 63 Chapter 13 – Section 63-13-160 These enforcement provisions apply equally to centers, group homes, and family childcare homes.