Rules and Regulations for Child Care Centers in Georgia

To run a child care center in Georgia, you need an annual license from Bright from the Start: Georgia Department of Early Care and Learning (DECAL), and you have to keep meeting the state’s rules on staffing ratios, background checks, facility standards, health and safety, and record keeping the entire time you operate. Georgia child care center regulations are set primarily under Georgia Code 20-1A-10 and DECAL’s Rules and Regulations for Child Care Learning Centers (Rule 591-1-1), with federal law layered on top for background checks, disability access, and crib safety. Fines can reach $500 per day per violation, capped at $25,000, and operating without a license is a misdemeanor.¹²

Licensing and Annual Fees

Every early care and education program in Georgia must be licensed or commissioned annually through DECAL. The process starts with attending a Licensure Orientation Meeting, submitting an application with floor plans and operational policies, and paying the annual fee. Anyone building a new center or making structural changes needs approval from DECAL, local zoning authorities, fire safety agencies, and building authorities.²

Annual fees are set by statute and scale with capacity:¹

1 to 25 children: $50
26 to 50 children: $100
51 to 100 children: $150
101 to 200 children: $200
More than 200 children: $250

A late fee of up to $250 applies if the annual fee is not paid within 30 days of the due date. DECAL conducts an on-site inspection before issuing the license and retains full access to the facility, children’s records, and all areas of the building during operating hours for ongoing inspections. Deficiencies must be corrected within a reasonable time, or DECAL can revoke the license.¹²

Staff-to-Child Ratios and Group Sizes

Ratios are among the most enforcement-sensitive rules DECAL monitors. Falling below them during an inspection is one of the fastest routes to a citation. Rule 591-1-1-.32 sets these requirements:²

Infants under 1 year, or under 18 months and not yet walking: 1 staff per 6 children, group size max 12
1-year-olds (walking): 1:8, group max 16
2-year-olds: 1:10, group max 20
3-year-olds: 1:15, group max 30
4-year-olds: 1:18, group max 36
5-year-olds: 1:20, group max 40
6 years and older: 1:25, group max 50

Staff like the director or food service workers only count toward the ratio during periods when they are giving full attention to directly supervising children. Group size maximums do not apply during outdoor playground time or special activities lasting up to two hours, but the staff-to-child ratio still has to be maintained at all times.²

Background Checks

Every person who works at a Georgia child care center must have a satisfactory background check before they can work at the facility or have unsupervised access to children. That includes directors, teachers, aides, volunteers, independent contractors, and residents of the facility age 17 and older.³

Federal law under the Child Care and Development Block Grant Act requires states receiving federal child care funding to run a comprehensive check: state criminal registries in every state where the person has lived in the past five years, child abuse and neglect registries in those same states, a National Crime Information Center search, an FBI fingerprint check, and a National Sex Offender Registry search.⁴

Some convictions are permanently disqualifying: murder, child abuse or neglect, crimes against children, sexual assault, kidnapping, arson, physical assault, and being on a sex offender registry. Drug-related felonies disqualify a person for five years after conviction.⁴

A new comprehensive check is required every five years, or sooner if the employee changes child care locations or has a gap in child care employment of six months or longer. Employees waiting on out-of-state records who have already been fingerprinted can receive a provisional determination letter, but they must work under the direct and continuous supervision of someone with a full comprehensive clearance.³

Staff Qualifications and Training

Director

Directors must hold a qualifying education credential and attend a Licensure Orientation Meeting before taking the position. After the first year of licensure, directors must complete 10 hours of Georgia state-approved training each calendar year.

Lead Teacher

Georgia recognizes three credential pathways for lead teachers: an early childhood education (ECE) bachelor’s degree or an approved ECE-related bachelor’s degree; a non-ECE bachelor’s degree combined with an approved ECE credential; or a Georgia teaching certificate issued by the Georgia Professional Standards Commission.⁵

For teachers with a non-ECE bachelor’s degree, the Child Development Associate (CDA) is one of several accepted add-on credentials. Others include an associate degree with an ECE major, a technical college diploma or certificate in ECE, or a Montessori diploma from an accredited MACTE affiliate. Not every CDA counts. The Infant/Toddler CDA, Family Child Care CDA, Home Visitors CDA, and Military School-Age CDA credentials do not satisfy the lead teacher requirement. An expired CDA does not count either, even if renewal is in progress.⁶

Ongoing Training

All child care staff must complete ongoing professional development. CPR and first aid certifications are required. Beginning July 1, 2025, Georgia requires teachers in all licensed child care programs to receive training on developmentally appropriate, evidence-based literacy instruction.¹

Health and Safety

Sanitation, Illness, and Immunizations

Georgia regulations require strict cleanliness practices, including handwashing and diaper-changing procedures. Centers should have a designated isolation area where a sick child can be separated from other children while still receiving adult supervision.⁷ Every enrolled child must have evidence of age-appropriate immunizations on file, or a signed affidavit declining them. Centers are responsible for maintaining and annually updating that documentation.

Emergency Drills

Every center must develop a comprehensive emergency plan covering fires, severe weather, and other threats. Fire drills must be practiced monthly, tornado drills at least twice a year. Documentation of each drill must be kept to verify that all children were accounted for and that the plan was followed.⁸ Centers must keep first aid kits and necessary medications accessible.

Bloodborne Pathogens

Because child care staff hold CPR and first aid certifications, the federal OSHA Bloodborne Pathogens standard at 29 CFR 1910.1030 applies. Centers must maintain a written Exposure Control Plan identifying which employees face potential exposure, outlining risk-reduction protocols, and describing what happens after an exposure incident. The plan has to be reviewed and updated annually, and employees must receive training when they start and every year after that.

Facility and Equipment

Indoor Space

Georgia requires a minimum of 35 square feet of usable indoor space per child, including play, rest, and dining areas. Centers may designate two one-hour windows each day when the requirement drops to 25 square feet per child for children age three and older.¹ Furniture must be child-scaled and all materials clean, in good condition, and free from toxic substances.

Playground

Outdoor play areas must be enclosed by a fence at least four feet high or another barrier approved by DECAL. The fencing cannot present a hazard, must prevent children from leaving except through an approved access point, and gates must remain closed except when someone is entering or exiting. Equipment must be age-appropriate, arranged so it does not obstruct staff supervision, and kept free of lead-based paint, sharp corners, rust, and splinters.⁹

Cribs

Centers serving infants must comply with federal crib safety rules on top of Georgia’s regulations. The Consumer Product Safety Commission sets mandatory standards for full-size cribs at 16 CFR Part 1219 and non-full-size cribs at 16 CFR Part 1220.¹⁰

Liability Insurance Disclosure

Georgia does not actually require child care centers to carry liability insurance. DECAL recommends coverage in writing. Any center that declines to carry it must post that fact conspicuously on site and notify each parent or guardian in writing using lettering at least half an inch tall. Parents must acknowledge receipt in writing, and the center must keep those acknowledgments on file for the duration of the child’s enrollment plus 12 months. Failing to notify parents can result in a $1,000 civil fine per infraction.

Records and Incident Reporting

Daily attendance records and arrival-and-departure logs must be kept for the preceding 12 months. Arrival and departure records have to include the date, the child’s name, arrival and departure times, and the signature or initials of the parent or authorized person at drop-off and pick-up.²

Background check determination letters must be kept for the duration of employment plus one year. Copies of qualifying credentials for directors and lead teachers must be in their personnel files. If the center provides transportation, passenger checklists must be retained for one year.²

Serious incidents have to be reported to DECAL promptly. A child’s death must be reported within 24 hours or the next business day. Other reportable events include serious injuries and situations affecting the center’s ability to operate safely. DECAL investigates these reports and can take enforcement action if the response was inadequate or if a pattern of noncompliance emerges.

ADA Access and Inclusion

Under Title III of the Americans with Disabilities Act, private child care centers cannot exclude children with disabilities unless their presence would pose a direct threat to health or safety or would require a fundamental change to the program. Centers must make reasonable modifications to policies, physical spaces, and programming based on each child’s individual needs.¹¹

For existing facilities, the standard is “readily achievable” barrier removal, meaning changes that can be carried out without much difficulty or expense. Facilities designed and constructed for first occupancy after March 15, 2012, must fully comply with the 2010 ADA Standards for Accessible Design. Centers must also provide auxiliary aids for effective communication with children or adults who have disabilities, unless doing so would create an undue burden. A provider cannot refuse a child based on assumptions or stereotypes about a disability; the decision has to be based on the child’s actual needs and the center’s actual capacity to accommodate them.¹¹

Quality Rated and CAPS Funding

Georgia operates a voluntary quality rating system called Quality Rated, which assigns one, two, or three stars to programs that exceed minimum licensing standards. Ratings are based on structural quality shown through documentation and process quality measured through Environment Rating Scale assessments of classrooms.¹²

Participation is not required for licensure, but it matters for funding. A program must hold a Quality Rated designation, or be in provisional or probationary status within the system, to receive Childcare and Parent Services (CAPS) subsidy payments. Programs that do not participate are generally ineligible for CAPS funding unless they qualify for an exemption, such as serving a specialized population.¹²

Enforcement and Penalties

DECAL can impose fines of up to $500 per day for each violation, with a cumulative cap of $25,000. It can also revoke, suspend, or restrict a license. A center that receives notice of revocation or suspension has 10 days to request a hearing in writing. For emergency orders, the deadline is 48 hours, excluding weekends and holidays. Enforcement fines must be paid within 30 days of notice unless DECAL grants a written extension.²

Operating a child care center without a license is a misdemeanor. A conviction carries a fine of $50 to $200 per offense, up to 12 months of imprisonment, or both, and each day of unlicensed operation counts as a separate offense. DECAL can also seek a court injunction to shut down an unlicensed facility regardless of whether other administrative remedies are pending.¹

Filing a Complaint

Anyone concerned about conditions at a licensed Georgia child care center can file a complaint with DECAL by calling 404-657-5562 or 404-656-5957. The department investigates reports of licensing violations at child care centers, group day care homes, and family child care homes.¹³ Complaints can trigger unannounced inspections, and confirmed violations move through DECAL’s enforcement process, starting with required corrective action and escalating to fines or license revocation if the center does not comply.

1
Justia Law. Georgia Code 20-1A-10 – Regulation of Early Care and Education Programs
2
Georgia Department of Early Care and Learning. Rules and Regulations for Child Care Learning Centers
3
Georgia Department of Early Care and Learning. Criminal Records Check
4
Office of the Law Revision Counsel. 42 USC 9858f – Criminal Background Checks
5
Georgia Department of Early Care and Learning. Approved Lead Teacher Credentials
6
Georgia Department of Early Care and Learning. 2024-2025 Lead Teacher Credentials / Certificates and Salary
7
Centers for Disease Control and Prevention. Protecting Against Infections in Early Care and Education Programs
8
Georgia Department of Early Care and Learning. DECAL Georgia Statewide Child Care Emergency Preparedness Plan
9
Legal Information Institute. Georgia Comp. R. and Regs. R. 591-1-1-.26 – Playgrounds
10
U.S. Consumer Product Safety Commission. Commercial Cribs
11
ADA.gov. Commonly Asked Questions About Child Care Centers and the ADA
12
Georgia Department of Early Care and Learning. Quality Rated
13
Georgia Department of Early Care and Learning. FAQ