District of Columbia daycare regulations

When a license is required

5-A DCMR §§ 101.3–101.4, 102.1; D.C. Code § 7-2034 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 101.3–101.4, 102.1; D.C. Code § 7-2034

A license is required for any person or organization that regularly provides care, supervision and guidance for more than two unrelated infants, toddlers or children. The license types are a child development center, a child development home, an expanded child development home and an out-of-school-time program. A center is a facility outside the operator's own home that serves more than 12 children (§ 199).

Child development homes and expanded homes

5-A DCMR §§ 167.1, 167.3, 167.5, 169.1 Effective December 2016 Family child care View rule 5-A DCMR §§ 167.1, 167.3, 167.5, 169.1

A child development home is a provider's own residence, where the licensed caregiver lives and works, licensed for up to 6 children. The caregiver's own children aged 6 and older don't count toward the 6, but no more than three of the caregiver's children aged 6 to 15 may be present, and no more than two of those may be 10 or younger. An expanded child development home has two or more caregivers and may care for up to 12 children.

Care that does not need a license

5-A DCMR § 101.5; D.C. Code § 7-2033 Effective December 2016 CentersFamily child care View rule 5-A DCMR § 101.5; D.C. Code § 7-2033

No license is needed for occasional babysitting for one family, a nanny paid by the family in the child's home, a nanny share, informal parent-supervised play groups, babysitting at a gym or adult education program while parents are on site, classes (music, sports, tutoring and similar) while parents stay on the premises, care during religious services, care by a relative (to the fifth degree), federal facilities on federal property (a private provider on federal property is not exempt), DC public, charter and private schools during the school day, OSSE-funded pre-K programs, and programs that offer only before-school, only after-school or only summer camp care for school-age children.

License term, posting, Capital Quality and fees

5-A DCMR §§ 102.7–102.8, 102.11, 108 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 102.7–102.8, 102.11, 108

Initial and renewal licenses can run three years. The license must be posted where the public can see it, and a separate license is needed for each building. A facility that takes public funding (such as child care subsidy) must take part in OSSE's quality rating system, Capital Quality. Fees are a $75 application and pre-licensure inspection fee plus a three-year license fee of $225 for a home or expanded home and $600 to $1,500 for a center depending on capacity. Renewal applications are due 90 days before the license expires (D.C. Code § 7-2038), and late renewals can bring a $100 or $200 penalty.

Operating without a license

D.C. Code §§ 7-2046, 7-2034; 5-A DCMR § 116 CentersFamily child care View rule D.C. Code §§ 7-2046, 7-2034; 5-A DCMR § 116

Violating the Act is a crime punishable by up to 6 months in jail or a $300 fine, and a repeat conviction by up to 1 year or $5,000. Each unlawful act is a separate violation. OSSE may also issue civil infractions, and the Attorney General may seek an injunction. A provider claiming an exemption has the burden of proving it.

Center ratios and group sizes

5-A DCMR § 121.3 Effective December 2016 Centers View rule 5-A DCMR § 121.3

Centers serving infants, toddlers and preschoolers: birth to 24 months, 1:4 with a group of no more than 8; 24 to 30 months, 1:4, group of 12; 30 to 48 months, 1:8, group of 16; 48 to 60 months, 1:10, group of 20. Centers providing out-of-school-time care: school-age children under 6, 1:12, group of 24; 6 and older, 1:15, group of 30. In mixed-age groups the ratio for the youngest child applies (§ 121.6), and volunteers don't count toward ratio (§ 121.7).

SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in, with an alert to directors when a room goes over ratio. Set each room's ratio to the District's number. SafePass's built-in defaults are looser than DC's in three age bands: its toddler default (1:6) and two-year-old default (1:8) are both looser than DC's 1:4 for children under 30 months, and its preschool default (1:10) is looser than DC's 1:8 for children 30 to 48 months. Left at the defaults, SafePass would not flag those rooms when DC considers them over ratio. Its infant default (1:4) and 1:10 for four-year-olds match. SafePass does not check group size, the two-staff-per-group rule or DC's mixed-age rule for you.

Two staff with every center group

5-A DCMR §§ 121.8–121.11 Effective December 2016 Centers View rule 5-A DCMR §§ 121.8–121.11

Every center group must have at least two staff members supervising it at all times. For infants, toddlers and preschoolers that means two teachers, or a teacher and an assistant teacher or aide. During non-peak hours (before 9 a.m. and after 4 p.m.) or nap time, another adult staff member or adult volunteer may stand in for one of the two as long as ratio is kept and a teacher or assistant teacher supervises. When children 30 months and older nap together, one staff member must be within sight and sound and a second must be on the same floor. Part-day programs of 4 hours or less may use an adult volunteer in place of the assistant.

SafePass tip: SafePass's staff time clock shows who is clocked in right now, so a director can see whether each room has two staff. It does not check the two-per-group rule for you.

Home and expanded home ratios

5-A DCMR §§ 121.3, 169.2 Effective December 2016 Family child care View rule 5-A DCMR §§ 121.3, 169.2

The rule's table for homes and expanded homes ties the ratio to how many children are under 2: with 1 child under 2 (and up to 11 older children), 1:6 and no more than 12 enrolled; with 2 under 2 (and up to 4 older), 1:6 and no more than 6; with 3 under 2 (up to 6 older) or 4 under 2 (up to 8 older), 1:3 with at least two caregivers, maximum 9 or 12; with 5 or 6 under 2, three caregivers and no more than 9 children. A one-caregiver home is still capped at 6 children in total, so the rows that need two or three caregivers apply to expanded homes, which may have up to 4 children under 2 with two caregivers or 6 with three.

SafePass tip: SafePass Kiosk check-ins give a running count of who is in care right now, by child and age. Add your own young children as enrolled children if you want them in the count. SafePass does not apply DC's under-2 table for you.

Montessori and other exceptions

5-A DCMR §§ 121.13–121.15 Effective December 2016 Centers View rule 5-A DCMR §§ 121.13–121.15

A center accredited by the American Montessori Society or Association Montessori Internationale, or another OSSE-approved non-traditional program, may exceed the center ratio or group size by up to 50%, and mixed-age Montessori groups of children 2 to 5 use the group's average age. Any facility may ask OSSE for a ratio waiver with evidence that its program model needs one and that children will be safe.

Indoor and outdoor space

5-A DCMR §§ 122.2, 163.2–163.3, 163.7 Effective September 2017 Centers View rule 5-A DCMR §§ 122.2, 163.2–163.3, 163.7

Indoor program space is measured wall to wall and must be at least 45 square feet per infant, and 35 square feet of unencumbered space (or 45 square feet of encumbered space) per toddler or older child. Kitchens, bathrooms, offices, hallways and storage don't count. Outdoor play space must be at least 60 square feet per child for the largest number outdoors at one time, on site or at a nearby park or approved rooftop. In centers, children under 2 or who can't walk may only use street-level space with two exits.

Space in homes and expanded homes

5-A DCMR §§ 167.11–167.16, 169.3 Effective December 2016 Family child care View rule 5-A DCMR §§ 167.11–167.16, 169.3

Homes may use only program space OSSE has approved; kitchens' food preparation areas, bathrooms, hallways, stairways, closets, laundry and storage don't count. Homes need 60 square feet of outdoor play space per child (their yard, a nearby park or an approved rooftop), and expanded homes need at least 35 square feet of unencumbered indoor program space per child.

Center director

5-A DCMR §§ 164.1, 164.3, 164.10 Effective August 2025 Centers View rule 5-A DCMR §§ 164.1, 164.3, 164.10

A center director needs a bachelor's degree in an early-childhood major (such as early childhood education, child development, child and family studies, early childhood special education, elementary education or human development), or a bachelor's in another field with at least 12 credit hours in those subjects, plus at least one year of supervised experience in a licensed center. Foreign degrees count with a credential evaluation. A Montessori director also needs a Montessori certificate. Directors who served continuously since December 2, 2006 or earlier can apply for a waiver. The director must be on site during peak hours, or leave a designated representative in charge (a qualified person or a teacher with at least 5 years in the role).

SafePass tip: SafePass staff time clock records give you dated hours for each person, which helps with the director's record of days and hours on site.

Center teacher

5-A DCMR §§ 165.1, 165.2, 165.5 Effective August 2025 Centers View rule 5-A DCMR §§ 165.1, 165.2, 165.5

A teacher must be at least 18 and have one of: an associate degree or higher in an early-childhood major; an associate or higher in another field with 12 early-childhood credit hours and one year of experience; 60 college credits including 12 in early childhood and one year of experience; a foreign equivalent; or a CDA credential while enrolled in a degree program, earning the associate degree within 4 years of being hired as a teacher. That window can stretch to 6 years with continuous enrollment or an OSSE-approved hardship. Montessori teachers need an associate degree plus a Montessori certificate. A teacher employed on December 20, 2023 with 10 years of continuous service as a teacher may apply for a continuous-service certification instead.

SafePass tip: SafePass staff profiles store certifications and credential documents with expiration dates, so transcripts, CDA certificates and enrollment proof are in one place for the licensor.

Assistant teachers and aides

5-A DCMR §§ 166.1–166.2, 138 Effective August 2025 Centers View rule 5-A DCMR §§ 166.1–166.2, 138

An assistant teacher must be at least 18 and have 60 college credits or an associate degree (or a foreign equivalent), or a CDA, or a high school diploma and earn a CDA within 2 years of hire. Montessori assistants need a diploma, 20 hours of Montessori training and a school orientation. A 10-year continuous-service certification is available as for teachers. Aides and volunteers must always work under the direct supervision of qualified staff, can never be solely in charge of a group, and may not discipline children.

Home caregivers, expanded home caregivers and associate caregivers

5-A DCMR §§ 168.1, 168.3, 170.2–170.3, 171.1 Effective August 2025 Family child care View rule 5-A DCMR §§ 168.1, 168.3, 170.2–170.3, 171.1

A child development home caregiver must be at least 18 and hold an associate degree or 60-credit route like a teacher's, or simply a current CDA. An expanded home caregiver needs an associate or 60-credit route, or a CDA while enrolled in a degree program and an associate degree within 4 years of opening (6 with continuous enrollment or hardship), plus a year running a licensed home or working as a center teacher or director. An associate caregiver needs 60 credits, an associate degree or a CDA, or a high school diploma and a CDA within 2 years of hire. Ten-year continuous-service certifications are available for each role.

Out-of-school-time group leaders

5-A DCMR §§ 174.2, 175.2 Effective August 2025 Centers View rule 5-A DCMR §§ 174.2, 175.2

A group leader must be at least 18 and have 60 college credits or an associate degree in education or child and youth development, or 48 credits (9 in child and youth development) with 6 months of experience with school-age children, or a high school diploma with one year of experience. An assistant group leader needs to be 18 with a high school diploma; the 2025 rule dropped the old experience requirement.

Who is checked, what is checked, and how often

5-A DCMR §§ 132.2, 133.1–133.3 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 132.2, 133.1–133.3

Every paid employee, contractor and anyone with unsupervised access to children needs a comprehensive check before starting: an FBI fingerprint check, a National Sex Offender Registry search, and criminal, sex offender and child abuse registry searches in DC and every state where the person lived in the past five years. In homes and expanded homes, every household member 18 or older counts as staff. The facility submits the request to OSSE before the person starts, and again at least once every three years.

SafePass tip: SafePass stores each staff member's background check date and flags checks more than five years old on the Compliance page. DC requires a new check every three years, so track the three-year date yourself.

Starting work, moving jobs and disqualifying offenses

5-A DCMR §§ 133.5–133.6, 133.9 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 133.5–133.6, 133.9

Once the check has been requested, a new hire may work only while supervised at all times by someone with a qualifying check from the last three years. A check from another DC facility carries over if it is under three years old and the person was out of child care work no more than 180 days. A person is barred if they refuse the check, lie on it, are on a sex offender or child abuse registry, or have been convicted of murder, child abuse or neglect, a crime against children, spousal abuse, rape or sexual assault, kidnapping, arson, physical assault or battery, a drug offense in the past five years, or a violent misdemeanor against a child.

Results and appeals

5-A DCMR §§ 135.3–135.6 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 135.3–135.6

OSSE tells the facility only whether the person is eligible or ineligible, without the details. A person found ineligible gets a written notice listing each disqualifying crime and has 30 days to request a hearing on the accuracy of the records. Background check records must be kept confidential.

Driving records and drug and alcohol testing

5-A DCMR §§ 134, 136 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 134, 136

Staff who drive children need a DC Department of Motor Vehicles traffic records check. Centers must run a written drug and alcohol testing program with an HHS-certified vendor: testing before employment, on reasonable suspicion and after an accident, covering marijuana, cocaine, opiates, amphetamines, PCP, synthetic drugs and alcohol. A staff member who tests positive can't work with children until they finish treatment. Home and expanded home caregivers are tested in a program run by OSSE.

Training at hire

5-A DCMR §§ 139.2–139.4 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 139.2–139.4

Within 30 days of hire, each staff member needs pre-service training in child abuse prevention and reporting, emergency preparedness, safe sleep, shaken baby syndrome and first aid and CPR. Within 90 days they need orientation in developmentally appropriate programming, infectious disease and immunization, medication administration, food allergies, building safety and poison prevention. Safe sleep, shaken baby prevention, first aid and CPR, poison prevention and infection control must be done before a person cares for children unsupervised.

SafePass tip: SafePass keeps dated training records in each staff profile.

Annual professional development

5-A DCMR §§ 139.6–139.7 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 139.6–139.7

Each year, center staff need at least 21 hours of professional development, expanded home caregivers and staff at least 15 hours, and home caregivers and staff at least 12 hours. It must include a refresher on the health and safety topics, plus recognizing and referring children showing signs of psychological distress.

SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.

First aid and CPR

5-A DCMR §§ 150.1–150.2 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 150.1–150.2

All staff must hold current first aid and CPR certification for the ages served, and at least two certified staff must be on the premises at all times. The only exception is a child development home caring for no more than 6 children with no more than 2 under age 2.

SafePass tip: SafePass tracks each staff certification's expiration date and alerts directors when one expires. It does not check that two certified people are on every shift.

Transportation training

5-A DCMR § 139.5 Effective December 2016 CentersFamily child care View rule 5-A DCMR § 139.5

Before transporting children, staff need training in transportation rules, including showing the director how to do a vehicle passenger check, child restraint use, loading and unloading, first aid supplies and vehicle emergency procedures.

Supervision by sight and sound

5-A DCMR §§ 120.1, 120.4–120.5 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 120.1, 120.4–120.5

Children must be seen and heard by staff at all times, including while sleeping, on the playground, on trips and during water play. Children may never be left alone in a room, outdoors or in a vehicle, even for a moment. Each staff member must know which children they are responsible for and be able to say how many are in their care. Facilities need a written staffing plan and a mobile device policy.

SafePass tip: SafePass shows staff a live list of children checked in to each room, so a caregiver can confirm names and headcount at a glance.

Unusual incident reports

5-A DCMR §§ 128.1–128.3 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 128.1–128.3

A facility must immediately send OSSE an Unusual Incident Report for anything that may affect a child's health or safety, and give a copy to each affected child's parents. Examples include a death, an injury or illness needing hospital or emergency treatment, a missing child, a reportable communicable disease, a vehicle accident while transporting children, damage that affects safety, action against staff for a substantiated crime against a child, and any incident that brings police, fire, ambulance or poison control.

SafePass tip: SafePass incident reports record what happened and the action taken, notify the parent and capture the parent's e-signature. File the Unusual Incident Report with OSSE yourself.

Reporting suspected abuse or neglect

5-A DCMR §§ 128.5–128.6 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 128.5–128.6

Any staff member who suspects a child is abused or neglected must report immediately to the Child and Family Services Agency hotline (202-671-SAFE) and the Metropolitan Police Department, and follow up in writing if asked.

Sick children and staff

5-A DCMR §§ 151.1–151.2, 118.4 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 151.1–151.2, 118.4

A child with symptoms such as diarrhea, vomiting twice in 24 hours, a rash with fever, a sore throat with fever, or a fever with other symptoms may not attend that day. A child who becomes sick at the facility must be separated within sight and hearing of staff and the parent called right away. Staff with a communicable disease are excluded the same way school staff are.

SafePass tip: SafePass can run an optional health check at check-in (temperature and symptoms) and notifies directors and parents when a child doesn't pass.

Staff health

5-A DCMR § 137 Effective March 2022 CentersFamily child care View rule 5-A DCMR § 137

Staff need a physical exam at least yearly with a signed statement that they are free of tuberculosis and other communicable diseases and can care for children. Since a 2022 District law, facilities must also keep, and update yearly, each staff member's COVID-19 vaccination record or documented religious or medical exemption.

SafePass tip: SafePass staff profiles can hold each person's health certificate with an expiration date, so you get a reminder before the yearly exam is due.

Furniture, equipment and banned items

5-A DCMR §§ 126.3, 126.5, 126.9 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 126.3, 126.5, 126.9

All playthings, equipment and furnishings must meet CPSC and ASTM standards, have no sharp points or splinters, use lead-free non-toxic finishes and be kept in good repair; broken or hazardous items must be removed. Infant walkers, crib gyms, collapsible cribs, playpens and projectile toys are banned. Toys for children under 3 must be too big to swallow and have no small parts. Children 1 and older must wear a properly fitted helmet on tricycles, bikes, scooters and other wheeled equipment, indoors or out (§ 126.22).

Stairs, windows, blinds and outlets

5-A DCMR §§ 122.12, 122.15, 124.10 Effective September 2017 CentersFamily child care View rule 5-A DCMR §§ 122.12, 122.15, 124.10

Stairs must be gated, doors and windows guarded so children can't get out, and blind cords out of reach. Windows children under 5 can reach above ground level must open less than 6 inches or have guards, glass doors need decals at children's eye level, and fans must be stable, guarded and out of reach. Unused outlets children can reach need covers meeting UL 2255.

Playgrounds and fences

5-A DCMR §§ 125.6, 125.14, 125.20 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 125.6, 125.14, 125.20

An on-site outdoor play space must be fenced at least 4 feet high with no more than 3½ inches between the bottom and the ground. Outdoor equipment must be securely anchored and installed so it can't tip or collapse. A rooftop play space needs a sturdy fence at least 6 feet high and written approval of the fence before use.

Lead, hot water and pests

5-A DCMR §§ 122.8, 122.18, 122.21 Effective September 2017 CentersFamily child care View rule 5-A DCMR §§ 122.8, 122.18, 122.21

The facility must be free of lead-based paint hazards and follow the lead-in-drinking-water law (see Recent changes). Hot water must be kept at 100°F. Pest control must be done only by a licensed professional, logged, and children may not be present during application or for 24 hours afterward.

Tobacco and firearms

5-A DCMR §§ 142.3–142.4, 142.7, 167.7–167.8 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 142.3–142.4, 142.7, 167.7–167.8

No one may smoke or use tobacco at the facility while children are present, and tobacco products must be kept out of children's reach. Centers may have no firearms or other weapons, except those carried by licensed armed security. In homes and expanded homes, a licensed firearm must be unloaded, trigger-locked and kept in a locked safe storage container with ammunition out of children's reach, and parents must be told there is a firearm in the home.

Drills and detectors

5-A DCMR §§ 122.22–122.24, 148.1–148.2 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 122.22–122.24, 148.1–148.2

Fire drills are required at least monthly, with a written log. Evacuation and disaster drills involving all children and staff are required at least twice a year at different times of day, recording the date, time, duration, number of people and any problems, and the drill log must be kept for five years. Smoke detectors must be tested quarterly and carbon monoxide detectors (where there is gas service) every six months, with written logs.

SafePass tip: SafePass does not keep a drill log, so keep your fire and evacuation drill records on paper or in your own file.

Emergency and disaster plan

5-A DCMR §§ 148.4–148.10 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 148.4–148.10

The written plan must cover evacuation routes, relocation to a safe site, sheltering in place, lockdown, notifying parents during and after an emergency, reunification, contacting emergency authorities, and children's needs. It must be posted, reviewed every year, trained on with all staff every year, and shared with parents every year. Facilities must register for AlertDC, keep a working landline-type phone and keep a three-day supply of water, food and supplies for every child and staff member.

SafePass tip: SafePass's checked-in list shows who is in care right now, and parent messaging can reach every family at once during a relocation or reunification.

Evacuating infants and children who can't walk

5-A DCMR §§ 148.3, 148.11–148.12, 163.3 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 148.3, 148.11–148.12, 163.3

Facilities must have a written procedure for evacuating infants, toddlers and children who can't walk, with one evacuation crib for every four non-ambulatory children at street level or one for every two if OSSE has approved care above or below street level.

Contingency location

5-A DCMR §§ 129.2(h), 168 Effective September 2017 CentersFamily child care View rule 5-A DCMR §§ 129.2(h), 168

Each facility must keep a current, notarized building use agreement for a contingency location it can move to if its own site becomes unavailable. Home caregivers must also keep written contingency plans for all hours they operate and arrange qualified back-up caregivers.

Permission, approval and trained staff

5-A DCMR §§ 153.1–153.2, 153.8 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 153.1–153.2, 153.8

Before giving any medicine (except emergency first aid) the facility needs a signed and dated parent authorization form, a licensed health care practitioner's approval of the medicine and dose, and a staff member who has completed approved medication training (or is a nurse or certified medication technician). The first dose of a prescription must have been given at home. With written parent consent, staff may apply parent-supplied diaper cream, petroleum jelly, sunscreen and insect repellent without a practitioner's approval.

SafePass tip: SafePass collects the parent's signed medication request electronically, and staff approve it before logging doses. DC also needs the practitioner's approval for every medicine, including over-the-counter, so upload or keep that with the request.

Medication log and records

5-A DCMR §§ 153.5–153.7 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 153.5–153.7

Every dose goes in a medication log on an OSSE-approved form, with the date, time, medicine, dose, method and who gave it. Parents must give a daily written note of when the last dose was given at home. Medication records must be kept for at least three years.

SafePass tip: SafePass logs each dose with the time, amount and staff name, and the parent gets a notification. Ask your licensing specialist whether the electronic log satisfies the OSSE-approved form.

Storage and self-administration

5-A DCMR §§ 153.10–153.12 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 153.10–153.12

Medicines must be in their original containers, labeled with the child's name, dose and expiration date, refrigerated at 36°F to 46°F when required, and disposed of properly or returned to parents. A child may carry or take their own medicine only with a physician's written order, a parent's written request and a written procedure.

Exams and immunizations before attending

5-A DCMR §§ 152.1, 152.3, 152.7–152.8 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 152.1, 152.3, 152.7–152.8

Before a child's first day, and at least yearly after that, the facility needs a comprehensive physical exam record with age-appropriate screenings and up-to-date immunizations (the DC Universal Health Certificate) and an oral health exam. There is a 30-day grace period after the yearly due date for exams and a 10-day grace period for immunizations, and 60 days from the first day for children experiencing homelessness or in foster care.

SafePass tip: SafePass lets parents upload vaccine records. Staff verify them, and the dashboard lists overdue and due-soon doses, with an exemption field.

Religious and medical exemptions

5-A DCMR §§ 152.10–152.13 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 152.10–152.13

A child may be exempt from immunizations if a parent has a good-faith religious objection (documented in writing to the facility) or a health care provider documents that a vaccine is medically inadvisable. If an unimmunized child is exposed to a vaccine-preventable disease at the facility, the facility must contact DC Health.

Lead testing for children under 6

5-A DCMR § 152.4 Effective December 2016 CentersFamily child care View rule 5-A DCMR § 152.4

Parents of children under 6 must document blood lead tests at 6 to 14 months and again at 22 to 26 months, or two screenings before age 6 if the child wasn't tested by 26 months.

Meals, menus and water

5-A DCMR §§ 155.2–155.4, 155.14–155.15 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 155.2–155.4, 155.14–155.15

Menus must meet CACFP meal patterns, be posted, show what was actually served and be kept for three years. A certified Food Protection Manager must be present whenever meals are prepared or served, and drinking water must be available at all times. Children in care 2 to 4 hours get a snack or meal; 4 to 6 hours, a meal and a snack (or two meals); 7 to 11 hours, two meals and a snack (or two snacks and a meal); 12 hours or more, three meals and two snacks.

SafePass tip: SafePass weekly menus and meal logs show parents what was served and how much their child ate. Keep the posted menus for three years.

Allergies and special diets

5-A DCMR §§ 155.7–155.10 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 155.7–155.10

Facilities must get each child's dietary restrictions and food allergies at enrollment and update them yearly, tell all food staff orally and in writing, and serve a therapeutic diet only with the parent's written approval and the health care provider's written instructions.

SafePass tip: SafePass registration packets collect allergies and medical notes, and they show on the child's profile for staff.

Infant feeding

5-A DCMR § 156.2 Effective December 2016 CentersFamily child care View rule 5-A DCMR § 156.2

Bottles must be labeled with the child's name and date and refrigerated. Formula left after a feeding is thrown out within an hour; breast milk may be held up to 24 hours (2 months frozen) and is never microwaved. Bottles are warmed in water no hotter than 120°F, and infants who can't hold a bottle are held while fed. Facilities must offer a comfortable private place for mothers to breastfeed.

SafePass tip: SafePass daily activity logs record bottles and meals, and parents see them.

Infant safe sleep

5-A DCMR §§ 146.1–146.3 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 146.1–146.3

Infants sleep on their backs unless a health practitioner orders otherwise in a signed statement kept in the child's file. No pillows, quilts, blankets, bumper pads, stuffed toys or other soft items in the sleep space, no positioning devices without a doctor's order, and no sleeping on sofas, chairs or other soft surfaces. Infants are taken out of the crib to be fed and are never fed with a propped bottle. Where AAP's latest recommendations differ from the rule, facilities follow AAP. The rules do not set a timed sleep-check interval; children must be within sight and hearing while sleeping (§ 120.1).

SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them. SafePass does not run timed sleep checks, so keep any check record separately.

Cribs, cots and the written sleep policy

5-A DCMR §§ 126.14–126.17, 127.4(p) Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 126.14–126.17, 127.4(p)

Every child in a full-day program gets their own crib, cot or bed with their own bedding, labeled with their name, spaced 2 feet from other cribs or cots, windows and radiators. Cribs need a firm fitted mattress and nothing hung over or attached; they are only for sleeping, never for time-out. Cots are only for walking children over 12 months. The parent policy must explain back-sleeping, no soft items, sleep clothing, moving infants who fall asleep elsewhere to a crib, and that no swaddling or positioning devices are used.

Positive guidance and banned punishments

5-A DCMR §§ 141.1–141.6 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 141.1–141.6

Facilities must tell staff, volunteers, parents and children what behavior is expected and use positive guidance suited to each child's development. Prohibited: any physical harm (including spanking, shaking, pinching or yanking), fear, shaming, intimidation or humiliation, derogatory or profane language, confinement in a locked room or where the child can't be seen, force feeding, withholding food, water, rest, toilet use or outdoor play, and physical or chemical restraints. A separation must be brief, suited to the child's age, and in the same room as a staff member. Children may never discipline other children, and using a prohibited method is grounds to deny or revoke a license (§ 113.1(f)).

SafePass tip: SafePass messaging gives you a dated record of what you told parents about a behavior incident.

Screen time

5-A DCMR §§ 143.5–143.6 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 143.5–143.6

Children under 2 may not watch TV or videos unless a staff member is actively interacting with them during it. Children 2 and older are limited to 60 minutes of educational or movement-based programming a day.

Children's records

5-A DCMR §§ 130.1–130.3 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 130.1–130.3

Each child's record, on an OSSE form or an approved one, must include identifying and contact information, parents' names and work contacts, the people authorized to pick the child up, an emergency contact, a signed emergency medical treatment authorization, languages spoken at home, health records, medication authorizations, a record of developmental progress and the signed admission agreement. Records are kept in one place, confidentially, for three years after the child leaves.

SafePass tip: SafePass registration packets collect guardians, emergency contacts, authorized pickups, physician and allergy information, with a parent signature.

Staff records

5-A DCMR §§ 131.1–131.5 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 131.1–131.5

Staff files must hold contact information and a current photo, the job description, background check results, résumé, references and copies of degrees or transcripts, orientation, professional development and health and safety training records, start and end dates, and pre-employment and annual physicals. Volunteers with unsupervised access need similar files. Keep a former employee's file for three years.

SafePass tip: SafePass staff profiles hold certifications, training records and the background check date for each person, and the time clock gives you dated staff hours.

Facility records and postings

5-A DCMR §§ 129.1–129.3, 129.7 Effective September 2017 CentersFamily child care View rule 5-A DCMR §§ 129.1–129.3, 129.7

Keep at the facility the certificate of occupancy or home occupation permit, fire inspection, lead clearance, Clean Hands certificate, insurance (including sexual abuse and molestation liability), the contingency-site agreement, and records of inspections, incidents, playground checks, detectors and drills. The license, certificate of occupancy and evacuation plan must be displayed in one central area.

Parent policies and access

5-A DCMR §§ 127.2–127.5 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 127.2–127.5

Parents must have access to their child, and to all areas their child uses, at all times while the child is there. The facility must give parents written policies covering hours, fees, transportation, medication, illness and emergencies, meals, abuse reporting, behavior management, safe sleep and, for infants and toddlers, diapering, toilet training and feeding, and keep proof parents got a copy.

SafePass tip: SafePass parent messaging and announcements can send a policy update to every family at once and give you a dated record that you sent it.

Daily attendance records

5-A DCMR § 130.8 Effective December 2016 CentersFamily child care View rule 5-A DCMR § 130.8

Facilities must keep, and give OSSE on request, a roster of enrolled children by age group, daily sign-in and sign-out attendance records listing each child's first name, last name and middle initial, the daily activity schedule, and the daily menu showing foods actually served.

SafePass tip: SafePass Kiosk records each child's check-in and check-out with a timestamp and who dropped off or picked up, and it exports attendance reports as PDF. Make sure each child's profile includes a middle initial.

Authorized pickups and children who travel alone

5-A DCMR §§ 130.2(h), 130.2(o) Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 130.2(h), 130.2(o)

Each child's record must name the people authorized to receive the child at the end of the day. For school-age children who arrive or leave alone, the record must list the days and times and how the child travels.

SafePass tip: At check-out, SafePass shows staff the child's guardians and authorized pickups, with photos, and records who picked the child up.

Transporting children safely

5-A DCMR §§ 158.5, 158.12, 158.15, 158.18, 158.22 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 158.5, 158.12, 158.15, 158.18, 158.22

Get signed parent permission before transporting a child. Drivers must be licensed, covered by the facility's insurance and free of DWI or DUI convictions for three years, and may not text, call, eat or use devices while driving. Every child rides in an approved car seat or seat belt, no one sits on the floor or a lap, doors stay locked, and no child is ever left alone in a vehicle. A staff member certified in first aid and CPR rides in each vehicle, which must carry a first aid kit, fire extinguisher, water, emergency contacts, medical authorizations and a phone. Vehicles are labeled with the facility's name and phone number, and maintenance logs are kept for 12 months.

SafePass tip: SafePass does not keep transportation logs or vehicle checks, so keep those records separately.

Outings and field trips

5-A DCMR §§ 130.5–130.6, 150.8 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 130.5–130.6, 150.8

Regular outings such as walks to a playground need a signed, dated parent authorization on file; other field trips need a separate written authorization with departure and return times. Children on field trips wear identification with the facility's name, address and phone number (§ 158.20), and staff take the transportable first aid kit with a list of children by assigned staff member.

Two inspections a year, one unannounced

5-A DCMR §§ 111.1, 111.5–111.6; D.C. Code § 7-2043 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 111.1, 111.5–111.6; D.C. Code § 7-2043

Each licensee gets at least one announced and one unannounced inspection every year, and OSSE can also investigate complaints or do desk audits at any time. Inspectors may enter with or without notice and see all records, including surveillance footage.

What the public can see

5-A DCMR § 111.9 Effective December 2016 CentersFamily child care View rule 5-A DCMR § 111.9

OSSE must publish, for each licensed facility, the dates and results of inspections, any corrective action, substantiated complaints and the number of deaths, serious injuries and substantiated child abuse cases. On My Child Care DC, each facility's profile shows its inspection reports for the past three years and substantiated complaints. Complaints go to OSSE's complaint and unusual incidents hotline, (202) 727-2993.

Enforcement actions

5-A DCMR §§ 107, 112.1, 113.1–113.2 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 107, 112.1, 113.1–113.2

OSSE can deny an initial or renewal license, issue a restricted license (up to 30 days, no new enrollments while it lasts), suspend or revoke a license, order a facility to cease and desist, impose civil fines, and refer for prosecution or an injunction. Grounds include rule violations, false information, refusing inspection, prohibited discipline and certain staff or household-member convictions. A provider whose license is revoked can't reapply for three years.

Summary suspension and cease-and-desist orders

5-A DCMR §§ 114–115; D.C. Code §§ 7-2041, 7-2042 CentersFamily child care View rule 5-A DCMR §§ 114–115; D.C. Code §§ 7-2041, 7-2042

If a violation poses an imminent danger to children, OSSE can suspend a license immediately, before a hearing. The licensee then has 5 days to request a hearing at the Office of Administrative Hearings, which must hold it within 5 business days. Cease-and-desist orders follow the same 5-day timeline.

Requesting a hearing

5-A DCMR §§ 112.6(f)–(g), 117.1 Effective December 2016 CentersFamily child care View rule 5-A DCMR §§ 112.6(f)–(g), 117.1

OSSE's written notice of a proposed enforcement action must list each violation. The facility has 10 business days after receiving it to request a hearing at the Office of Administrative Hearings; if it doesn't, the action becomes final on the 11th business day. Parties may settle before the hearing.

Court appeal

5-A DCMR § 117.5; D.C. Code § 7-2045 Effective December 2016 CentersFamily child care View rule 5-A DCMR § 117.5; D.C. Code § 7-2045

A final OAH decision can be appealed to the District of Columbia Court of Appeals.

Waivers

5-A DCMR § 106 Effective December 2016 CentersFamily child care View rule 5-A DCMR § 106

A facility may ask OSSE in writing to waive one or more provisions of the chapter. OSSE must find, on clear and convincing evidence, that immediate compliance would cause real economic hardship despite diligent efforts, that the facility meets the intent of the rule another way, and that children's health and safety are protected. OSSE said in its August 2025 rulemaking that facilities can use this waiver for staff who are enrolled in degree or credential programs but were hired more than 2 or 4 years before December 20, 2023.