What Are In-Home Daycare Requirements in Oklahoma?

To run an in-home daycare in Oklahoma, you need a license from the Oklahoma Department of Human Services (OKDHS) issued under the Oklahoma Child Care Facilities Licensing Act, and the in-home daycare requirements in Oklahoma fall into two tracks: a family child care home for up to seven children with one provider, or a large child care home for up to twelve children with at least two caregivers.¹² Operating without that license is a misdemeanor, so every step below needs to happen before the first child arrives.³

Who Can Be the Primary Provider

The primary caregiver must be at least 21 years old and hold a high school diploma or GED. Everyone living in the home has to be in good physical, mental, and emotional health, and OKDHS can request a licensed physician’s statement if a report or observation suggests a condition that could affect the children’s care. Any children living in the home need to be current on immunizations, or in the process of getting them.⁴

You also need a substitute caregiver on file. That person must be at least 18, and their name, address, and phone number have to be posted with your emergency contact information. Parents must be told in advance when a substitute will be covering a non-emergency absence.⁵

Training You Need Before You Open

Pre-service training is required before you can care for a single child. The topics include infectious disease prevention, fire extinguisher use, shaken baby syndrome and abusive head trauma prevention, SIDS prevention, safe sleep practices, car seat and transportation safety, physical premise safety, hazardous materials, emergency preparedness, immunizations, medication administration, food and allergic reaction emergencies, mandatory reporting of child abuse and neglect, behavior guidance, and child development.⁴

If you plan to care for infants, add at least two clock-hours of safe sleep training from an organization approved by the Oklahoma Professional Development Registry. Current CPR and first aid certification is required for the primary caregiver before OKDHS will issue the permit, and for anyone who ever cares for children alone. Other caregivers counted in the adult-to-child ratio have three months from their start date to get certified.⁴

Once licensed, the primary caregiver completes 12 clock-hours of professional development each year. Only six of those hours can come from videos or position-related reading; the rest must be workshops or similar interactive formats.⁴

Background Checks for Everyone in the Home

Every applicant, household member, and employee must clear a fingerprint-based state and national criminal history check through the Oklahoma State Bureau of Investigation and the FBI. The results are also cross-referenced against the Restricted Registry, Oklahoma’s database of confirmed child abuse or neglect findings.⁶⁷

Clearance is not a one-time event. Oklahoma participates in the RAP Back program, so OSBI and the FBI send ongoing notifications if a cleared individual is later arrested or prosecuted. A conviction at any point can be grounds for revoking your license.⁶

Space, Fencing, and Water Hazards

Indoors, you need at least 35 square feet of usable play space per child. Hallways, bathrooms, kitchens, rooms not intended for children, and rooms used only for napping are excluded from that count.⁸

Outdoors, the play area needs at least 75 square feet per child and must be fenced from ground level up, in good repair. A family child care home has no minimum fence height specified, and OKDHS can even grant an exception to the fence requirement if children’s safety can be ensured another way. A large child care home must have a fence at least four feet tall, with no exceptions.⁹ Any pool, pond, or hot tub on the property must be enclosed by a sturdy fence at least four feet high that can’t be easily climbed, with locked gates and doors leading to the water.⁸

Fire Safety Equipment

You need a working smoke detector on every level of the home, placed at the top of any stairs, and in every room used for children’s play or sleep (the kitchen is excepted). Smoke detectors must be tested monthly and the testing documented.¹⁰

If the home has any fuel-burning appliance such as a gas furnace, water heater, or fireplace, carbon monoxide detectors are also required, installed per the manufacturer’s instructions and tested monthly with documentation on file.¹⁰

A portable fire extinguisher rated Class ABC or BC, with a gauge, must be readily accessible in the cooking area. All extinguishers must be UL-approved and either replaced or serviced and tagged by a competent authority every three years, or whenever the seal is broken.¹¹

Firearms, Medications, and Household Hazards

All weapons must be stored unloaded in a locked container, cabinet, or closet, with ammunition stored in a separate locked area. Medications, cleaning products, and other hazardous items must be completely inaccessible to children. Any medication a parent brings in has to be in the original container, clearly labeled with the child’s name and dosage instructions, and stored away from food.⁴

Safe Sleep for Infants

Every child younger than one must sleep in a crib, port-a-crib, or playpen with a firm waterproof mattress or pad and a tight-fitting sheet. Waterbeds, sofas, soft mattresses, bassinets, stacked cribs, pillows, and beanbag chairs are prohibited as sleep surfaces. No pillows, quilts, comforters, sheepskins, stuffed toys, or bumper pads belong in an infant’s crib or playpen.⁴

Infants under twelve months must be placed on their back to sleep. The only exception is a documented medical reason from a doctor, kept at the facility. Infants who can roll on their own are still placed on their back initially, then allowed to settle. Heads and faces stay uncovered.⁴

How Capacity and Ratios Work

The number of children you can have in care at any one time includes your own children under age five, foster children twelve and under living in the home, and the children of any substitute or assistant caregiver who are present during operating hours.¹² Your own toddler counts.

With one caregiver present, group size is tied to how many children are under age two:

Seven children total, with no more than two under age two.
Six children total, with no more than three under age two.
Five children total, with no limit on how many are under two.¹²

A second caregiver is required when you have seven children with more than two under age two, or six children with more than three under age two.¹² Inspectors check these ratios on every visit.

The Application and Permit Process

The process begins with Form 07LC004E, the Request for License for a child care program. The form collects your personal identifying information, substitute caregiver information, and references. You need at least three non-relative references, with at least two from your most recent employers when applicable.¹³ You also submit a detailed floor plan showing room dimensions, documentation of completed training, and background screening results.

After licensing staff verify the application and, if asked, your proof of property ownership, OKDHS issues a six-month permit within 45 calendar days.¹⁴ During those six months, staff conduct monitoring visits to evaluate your activities, standards of care, and compliance. A full license is issued once OKDHS determines you are in substantial compliance, and at least one monitoring visit must include observing children in your care.¹⁵ Unannounced inspections continue after licensing.

Records You Must Keep for Each Child

For every enrolled child, you have to maintain an identification and health record containing:

Child’s name, date of birth, home address, date care began, and parent names and contact information including workplace phone numbers.
Names and phone numbers of emergency contacts if a parent can’t be reached.
Names and relationships of people authorized to pick the child up.
Immunization records, the child’s physician name and contact information, and any medication or transportation permissions.
Signed parental permission allowing you to transport the child for emergency medical care.⁴

Every child must have or be getting the required immunizations on the medically appropriate schedule. Parent-supplied medication needs dated written permission specifying the exact dosage and administration times.⁴ Staff review these files on every monitoring visit.

Zoning and Insurance Aren’t Covered by Your State License

A state license does not override local zoning. Oklahoma has no statewide preemption, so your city or county can require a conditional use permit, special use permit, or similar approval before you operate a daycare in a residential area. Rules vary from one municipality to the next. Call your local planning department about your specific address before you spend money on training, background checks, or home modifications.

Oklahoma’s licensing regulations don’t explicitly require liability insurance for a family child care home, but your standard homeowners policy typically excludes commercial activities. If a child is injured, that policy likely won’t pay. A dedicated child care liability policy covers bodily injury to children in your care, property damage, and legal defense costs. If you employ assistant caregivers, workers’ compensation coverage may also be necessary.

Penalties if You Skip the License

Operating a child care facility without a license, or violating any provision of the Oklahoma Child Care Facilities Licensing Act, is a misdemeanor. A conviction can trigger penalties under Oklahoma criminal law, and for anyone already licensed, a conviction is grounds for revocation.³ OKDHS also has administrative authority to order an unlicensed operation to stop providing care immediately.

Tax Deductions and Food Program Reimbursements

Home daycare providers get an IRS exception most home businesses don’t. You normally must use a home space exclusively for business to deduct it; daycare providers are exempt from that exclusive-use rule and can deduct a portion of home expenses even where the rooms double as family living space outside operating hours.¹⁶ To qualify, you must be in the business of providing daycare and must have applied for, been granted, or be exempt from a state license. If your application was rejected or your license revoked, you don’t qualify. The deduction is based on the percentage of your home used for daycare and the percentage of time those spaces are used for business during the year. A room available throughout each business day counts as used for business all day. File Form 8829 to calculate the deduction, or use the simplified method.¹⁷

Licensed home providers can also participate in the Child and Adult Care Food Program (CACFP), which reimburses you for meals and snacks served to enrolled children. Rates are adjusted each July and cover breakfast, lunch, dinner, and snacks, with higher Tier 1 rates for providers in low-income areas and lower Tier 2 rates for others.¹⁸

1
Oklahoma Department of Human Services. Child Care Licensing
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Oklahoma Department of Human Services. Licensing Requirements
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New York Codes, Rules and Regulations. Oklahoma Child Care Facilities Licensing Act – Penalties
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Administration for Children and Families. Licensing Requirements for Family Child Care Homes and Large Child Care Homes
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Legal Information Institute. Oklahoma Administrative Code 340:110-3-85 – Caregiver Requirements
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Legal Information Institute. Oklahoma Administrative Code 340:2-46-5 – Background Investigations Process for Child Care Programs
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New York Codes, Rules and Regulations. Oklahoma Code 74-150.9.2 – Oklahoma State Bureau of Investigation Background Checks
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Legal Information Institute. Oklahoma Administrative Code 340:110-3-86 – Home Environment
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Center for Early Childhood Professional Development. Oklahoma Administrative Code Title 340 Chapter 110 – Licensing Requirements for Family Child Care Homes and Large Child Care Homes
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Legal Information Institute. Oklahoma Administrative Code 340:110-3-97 – Fire Safety
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Oklahoma Administrative Code. Oklahoma Administrative Code 340:110-3-97 – Fire Safety
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Oklahoma Administrative Code. Oklahoma Administrative Code 340:110-3-84 – Ages and Number of Children
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Oklahoma Human Services. Request for License Child Care Program
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Legal Information Institute. Oklahoma Administrative Code 340:110-1-6 – Inquiries and Request for License Process
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Legal Information Institute. Oklahoma Administrative Code 340:110-1-8 – Types of Issuance
16
Internal Revenue Service. Publication 587 – Business Use of Your Home
17
Internal Revenue Service. About Form 8829 – Expenses for Business Use of Your Home
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Food and Nutrition Service. CACFP Reimbursement Rates