Pennsylvania does not issue a “daycare license.” It issues a certificate of compliance (which DHS glosses as a “license”) through the Department of Human Services (DHS), Office of Child Development and Early Learning (OCDEL), and Bureau of Certification Services (BCS).
The certificate costs $0 (62 P.S. § 1006, amended Dec 28, 2015; 55 Pa. Code § 20.42(b), eff. Jun 18, 2016), runs 12 months (§ 3270.11(f), eff. Dec 19, 2020), and must be renewed at least 60 days before expiration (§ 20.22(a)). A center gets at least one unannounced inspection a year, with no advance notice, unlike every other DHS-licensed facility (§§ 3270.11(g), (i)).
This guide is for operators who already hold a certificate. Unless noted, Chapter 3270 citations are to the December 19, 2020 amendment; other citations (Chapter 20, the Human Services Code at 62 P.S., and agency pages) are current as of August 26, 2026.
The Licensing Authority: DHS, OCDEL, and BCS
Certified child care centers are regulated by DHS through OCDEL — a joint office of DHS and the Pennsylvania Department of Education (PDE) — and its Bureau of Certification Services (BCS), which receives applications, inspects, and issues certificates of compliance (OCDEL Announcement C-26-01, issued June 10, 2026).
Regional Office Directory
OCDEL operates through the regional offices below (OCDEL Announcement C-26-01, issued June 10, 2026):
| Region | Phone | Counties Covered |
|---|---|---|
| Central | 800-222-2117 | Adams, Centre, Clinton, Cumberland, Dauphin, Juniata, Lancaster, Lebanon, Lycoming, Mifflin, Northumberland, Perry, Snyder, Tioga, Union, York |
| Northeast | 800-222-2108 | Berks, Bradford, Carbon, Columbia, Lackawanna, Lehigh, Luzerne, Monroe, Montour, Northampton, Pike, Schuylkill, Sullivan, Susquehanna, Wayne, Wyoming |
| Southeast North & Southeast South | 800-346-2929 | Bucks, Montgomery, Chester, Delaware, Philadelphia |
| Western | 800-222-2149 | Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Cameron, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Lawrence, McKean, Mercer, Potter, Somerset, Venango, Warren, Washington, Westmoreland |
Local and Dual-Track Jurisdictions
- Philadelphia local layer: No Pennsylvania county certifies child care — it is exclusively a state (OCDEL) function — but a city can add its own license. Philadelphia’s separate “Child Care Facility License” under Philadelphia Code § F-408 runs through its Department of Licensing and Inspection (phila.gov); the fee is $63 (including a $20 non-refundable application fee), with prerequisites including state registration, city tax and Commercial Activity licenses, zoning approval, a License Eligibility Report, and a lead-free or lead-safe certification. The city’s scope language is internally inconsistent, so confirm with Philadelphia L&I whether these rules apply to your center.
- Dual PDE track: A facility that is both a private academic school (PDE) and a child care center (DHS) must apply to and comply with both — 22 Pa. Code Part II and Chapter 3270 (§ 3270.16; PDE contact ra-nppss@pa.gov, 717-783-6788).
- Fire safety approval: Required from the Department of Labor and Industry or the Department of Health — or the local Department of Public Safety in Scranton and Pittsburgh, or L&I in Philadelphia (55 Pa. Code § 20.35(a)).
Governing Law and the Regulatory Horizon
Certified centers are governed by four instruments: the Human Services Code (Articles IX and X; 62 P.S. §§ 901–922 and 1001–1088), whose fee, provisional-license, and penalty sections (§§ 1006, 1008, 1031) were amended December 28, 2015 under Act 92 of 2015 and whose § 1001 definitions were amended June 22, 2018 (Article IX covers nonprofit approval, Article X for-profit licensure); 55 Pa. Code Chapter 20 (baseline DHS-facility procedures; adopted August 19, 1985, § 20.42 amended effective June 18, 2016); 55 Pa. Code Chapter 3270 (center standards; amended effective December 19, 2020, 50 Pa.B. 7133, current through 56 Pa.B. 3438, June 6, 2026); and the Child Protective Services Law (CPSL), 23 Pa.C.S. Ch. 63, applied through OCDEL Announcement C-25-01 (effective February 1, 2025).
Regulatory rewrite ahead. OCDEL’s proposed Chapters 3310 and 3320 would replace Chapters 3270, 3280, and 3290, with final publication anticipated mid-2028 and a one-year transition; until then, Chapter 3270 binds (The Pennsylvania Key, Certification Regulation Rewrite Impact Project).
License Types, Thresholds, and Exemptions
The Center Threshold
A child care center is a premises caring for seven or more children unrelated to the operator at any one time (55 Pa. Code § 3270.4; § 3270.3(a) reaches children “15 years of age or younger”; statutory definition at 62 P.S. § 1001, amended June 22, 2018).
Two other facility types fall under their own chapters: group homes (Chapter 3280) serve more than six children, and family homes (Chapter 3290) serve four to six — both certified rather than registered since Act 92 of 2015 (§§ 3280.4, 3290.4). This guide covers certified centers only.
Exemptions from Licensure
Codified exemptions, under 55 Pa. Code § 3270.3(b): care by relatives; care in places of worship during religious services; care where the parent is always present; and care during the hours of instruction in nonpublic schools and in private nursery schools and kindergartens.
OCDEL Announcement C-26-01 (issued June 10, 2026) restates those four and adds an exemption for certain part-day school-age programs (serving children who attend kindergarten or older but under 16) — chiefly those under 90 consecutive days per calendar year (from the date the program opens to the date the program closes), 2 hours or less per day for 3 or fewer days a week, or single-purpose. The 90-day exemption does not cover a certified center that adds school-age children for the summer and school holidays.
The Cost of Certification
Pennsylvania charges no fee for an annual child care center certificate of compliance (62 P.S. § 1006; 55 Pa. Code § 20.42(b)). The provisional fee is 1/12 of the annual fee per month issued (§ 20.42(c)), so provisional certificates also cost $0. No state fees apply to applications, renewals, relocations, second sites, ownership or capacity changes, or late filings.
Operators must still budget for mandatory third-party costs:
- PA Child Abuse History Clearance: $13.00 per employee (free for volunteers, once every 57 months).
- PSP Criminal History Record Check: $22.00 per employee (free for volunteers, once every 57 months).
- DHS FBI Fingerprint Clearance (IdentoGO): fee not published by the agency, collected directly by the vendor (OCDEL C-25-01, effective February 1, 2025).
- Liability insurance: under 55 Pa. Code § 3270.18(a), the legal entity must carry comprehensive general liability insurance to cover persons on the premises and keep a current policy on file; the state sets no minimum amount.
- Certificate of occupancy: required before the certificate issues, at a jurisdiction-specific fee (§ 3270.15(a)); fire safety approval is separately required (§ 20.35).
Application Timelines and Prerequisites
Pennsylvania publishes no binding processing-time commitment or average timeline for issuing an initial certificate; the Department issues a certificate only after an investigation satisfies it that the applicant is responsible, the facility suitable, and all requirements met (62 P.S. § 1007), and a center may not commence operation until formally notified that one will issue (§ 20.21(b)). Four prerequisites are in the operator’s control; the fifth, the pre-licensure inspection, DHS schedules once the application is complete:
- Orientation training: the legal entity or its representative completes Department orientation (an online module plus an in-person session, both certificates under a year old at application) within 12 months prior to commencing operation; it does not count toward the annual 12-hour requirement (§ 3270.11(b), § 3270.31(e); pa.gov, Child Care Orientation).
- Pre-service training: complete professional development on ten mandated health and safety topics and submit the certificates (§ 3270.11(c)–(d), tracking 45 CFR § 98.41(a)(1)).
- Certificate of occupancy: required before a certificate is granted, proving compliance with 34 Pa. Code § 403.23 (§ 3270.15(a)).
- Fire safety approval: must be secured before issuance, though under § 20.35(b) DHS may issue first if local fire safety authorities fail to perform their duties in a timely manner and clients’ health and safety are not in jeopardy.
- Pre-licensure inspection: once a complete application is filed, DHS schedules and conducts an announced pre-licensure inspection (§ 3270.24(e)).
Staff Qualifications and Roles
Director qualifications (55 Pa. Code § 3270.34(b))
A director must meet one of four levels (§ 3270.34(b)): a bachelor’s from an accredited college or university in a qualifying field (early childhood education, child development, special education, elementary education, or human services) with 1 year of experience with children; a bachelor’s from an accredited college or university with 30 credits in those fields and 2 years of experience with children; an associate’s from an accredited college or university in a qualifying field and 3 years of experience with children; or an associate’s from an accredited college or university with 30 credits and 4 years of experience with children. The floor is an associate’s degree — no path skips a degree — and “1 year of experience” means at least 1,250 clock hours (§ 3270.4).
Director operational rules
- Presence: employed by the facility and on-site at least 30 hours per week (§ 3270.34(c)).
- Dual role cap: in centers with 45 or fewer enrolled children, the director may also serve as a group supervisor; above 45, may not (§§ 3270.34(d), 3270.35(d)).
- Duties: finances, personnel, maintenance, meal and program planning, and written staff evaluations at least every 12 months (§ 3270.34(a)).
Other staff roles
- Group supervisor: on-site at least 30 hours per week; one for the first 45 enrolled children, plus one per additional group or partial group of 45; qualifications mirror the director’s paths but require one fewer year of experience (§ 3270.35).
- Assistant group supervisor: a high school diploma or GED plus one of five § 3270.36(b) paths: 30 credit hours; 600 hours of the secondary-level § 3270.31(c) curriculum; 15 credit hours and 1 year of experience with children; a post-secondary § 3270.31(c) curriculum; or 2 years of experience with children.
- Aide: a high school diploma or GED, or an 8th-grade education plus either enrollment in a § 3270.31(c) curriculum with the classroom portion completed or 2 years of experience; an aide works only under someone qualified at least as an assistant group supervisor (§ 3270.37).
- Equivalencies and age: a CDA or CCP credential equals 9 credit hours in early childhood education or child development plus 1 year of experience with children (§ 3270.31(d)); staff must be 18 or older and supervised volunteers 16 or older, and a 16-year-old in an approved 600-hour curriculum may serve as staff subject to five conditions (§ 3270.31).
Mandatory training
- Annual: at least 12 clock hours of child care training a year (§ 3270.31(e)).
- Pre-service: new hires complete the ten mandated health and safety topics within 90 days of hire (§ 3270.31(f)).
- Mandated reporter: under OCDEL C-25-01, all employees, applicants, managing owners, and volunteers with direct contact complete at least 3 hours within 90 days of hire, renewed every 60 months, before the previous certification turns 60 months; staff without it may not care for children unsupervised.
- Waivers: under § 3270.13, an operator may request a waiver of staff-qualification (§§ 3270.34–3270.36), physical-site, equipment, and program requirements — but not ratios, background checks, or records. A waiver is filed before the issuance or renewal inspection, cannot substitute for correcting a citation, and covers only the named staff person at that location.
Background Checks and Provisional Hire Rules
Background checks run under OCDEL Announcement C-25-01 (effective February 1, 2025) and the Child Protective Services Law (CPSL).
The four required clearances
Every employee, anyone with an ownership interest or a management role in the legal entity, any facility resident age 18 or older, and any entity applying to open a facility must obtain, every 60 months:
- Pennsylvania Child Abuse History Clearance (Child Welfare Portal).
- FBI Criminal History Clearance (IdentoGO fingerprinting). It must be obtained under DHS — one obtained under PDE, volunteer, foster-parent, or prospective-adoptive-parent codes is not valid. The IdentoGO service code for paid center employees is 1KG738.
- National Sex Offender Registry (NSOR) verification.
- Pennsylvania State Police (PSP) Criminal History Clearance (ePATCH).
Anyone who lived outside Pennsylvania in the previous five years must also obtain equivalent clearances from each prior state, and all clearances (plus proof of each application) stay in the facility personnel file (§ 3270.192(4); OCDEL C-25-01). A clearance showing a conviction or pending charge for child abuse, neglect, physical violence, or moral corruptness goes to the regional OCDEL office before the person works.
Provisional employment
Under OCDEL C-25-01, a center may provisionally employ someone while checks process, within limits:
- The employer must already hold current results (no older than 60 months) for the PA Child Abuse Clearance, NSOR verification, any out-of-state clearances, a signed Disclosure Statement, and either the FBI or PSP clearance — the missing one applied for before the start date.
- The provisional employee must be supervised at all times by a staff person who has all preservice training and qualifications to care for children unsupervised; the director may not be provisional, and volunteers may not begin provisionally.
- The 45-day deadline: OCDEL states that if the clearances are not obtained within 45 days, the employer must dismiss the employee or move them to a position without “direct contact with children” (C-25-01, p.5, citing 23 Pa.C.S. §§ 6303, 6344(m), 6344(f.1)). How it applies to a specific employee is a question for OCDEL or counsel.
Ratios, Group Sizes, and Space Capacity
Staff-to-child ratios and maximum group sizes (55 Pa. Code § 3270.51) are covered in our companion Ratios and Group Size Guide rather than reproduced here. Physical capacity is governed by square footage:
- The 40-square-foot rule: allowable capacity is a space’s total square footage divided by 40, measured within permanent partitions and including furniture but excluding hallways, bathrooms, offices, kitchens, and locker rooms (§ 3270.61(c)–(e)). This sets the maximum printed on the certificate.
- Capacity exceptions (§ 3270.61(h)): during naptime, capacity follows rest-equipment spacing under § 3270.106(f) (no more than 2.5 consecutive hours and no more than twice a program day); a center may also run at up to twice its measured capacity for two 30-minute activity periods a day (excluding infants and young toddlers) and for one hour a day during meals.
- Absolute cap: the number of children present may never exceed the maximum printed on the certificate (§ 3270.61(i)).
- Capacity changes: both a reduction of that maximum and the denial of a requested increase are separately appealable (§§ 20.81(6)–(7); 3270.12(d)(6)–(7)).
Inspections and Public Records
Cadence and the no-notice carve-out
DHS conducts at least one unannounced onsite inspection a year (§§ 3270.11(g), 3270.24(d); Chapter 20’s parallel baseline is at least one every 12 months, § 20.31). Although § 20.32 generally requires advance notice of annual inspections for DHS-licensed facilities, § 3270.11(i) disapplies it to child care facilities, so a center gets no advance notice — unlike every other DHS-licensed facility type. (Centers also face additional inspections under § 3270.11(h) and complaint inspections under § 20.33.)
Scope and authority
Inspectors get immediate access to the facility and, on request, to children, files, and records, and may privately interview staff and clients; the director or designated staff must show a valid photo ID (§ 3270.24(a), § 3270.24(f); § 20.34). Confirmed violations are recorded on a standardized Certification Inspection Instrument in an official Inspection Summary (§ 3270.4; pa.gov, Child Care Regulations).
Public records
The public can review a center’s certificate status, verified complaints, inspection results, and STARS rating via the DHS COMPASS Online Child Care Provider Search, and file complaints through the pa.gov portal (triggering a complaint inspection under § 20.33(b)).
Renewal Procedures
A certificate of compliance is valid for a maximum of 12 months (§ 3270.11(f)).
- The 60-day deadline: submit a complete renewal application at least 60 days before expiration of the current certificate (§ 20.22(a)). Renewal is a full reapplication under § 20.21 (§ 20.22(b)), “in the same manner as application for original licensure” (62 P.S. § 1003).
- No grace period: neither Chapter 20, Chapter 3270, nor Article X establishes a late-renewal window, grace period, or late fee (§§ 20.22, 20.51–20.58; 62 P.S. §§ 1003, 1009). The 60-day deadline is the operative date.
- Posting: the current certificate must be posted conspicuously on the premises (§ 3270.25; 62 P.S. § 1009).
- Provisional certificates: in substantial but not complete compliance, a center may receive a provisional certificate for up to 6 months (§ 20.54), and a maximum of four consecutive provisional certificates (§ 20.54(c); 62 P.S. § 1008(c)); each is labeled “Provisional” and numbered first through fourth (§ 20.55(c)).
Violations, Enforcement, and Penalties
Administrative enforcement
A confirmed noncompliance is documented in an Inspection Summary (§ 3270.4), and the operator must submit an acceptable written plan of correction (§ 20.52). Pennsylvania uses no weighted violation classes or administrative civil-penalty schedules for child care centers — none appears in 55 Pa. Code Chapters 20 or 3270, or in 62 P.S. §§ 1026 and 1031. Enforcement is binary: each item is either in compliance or cited.
Under 62 P.S. § 1026(b), the Department must refuse to issue or revoke a certificate for: violating the act or its regulations; fraud or deceit in obtaining or attempting to obtain a license; lending, borrowing, or using another’s license, or knowingly aiding the improper granting of one; gross incompetence, negligence, or misconduct in operating the facility; or mistreating or abusing individuals cared for in the facility. Where DHS finds evidence of such conduct likely to constitute an immediate and serious danger to clients’ life or health, it acts immediately to remove the clients from the facility (§ 20.37).
Criminal penalties for unlicensed operation
Operating a child care center without a valid certificate is a criminal offense under 62 P.S. § 1031 (amended December 28, 2015 under Act 92 of 2015):
| Offense | Grade | Statutory Fine | Default Imprisonment |
|---|---|---|---|
| First Offense | Summary Offense | $25 to $300, plus costs | 10 to 30 days |
| Second Offense | Misdemeanor (3rd Degree) | $500 to $2,000, plus costs | 30 days to 1 year |
| Third Offense (or any offense where the operation resulted in bodily injury as defined in 18 Pa.C.S. § 2301) | Misdemeanor (2nd Degree) | $2,500 to $5,000, plus costs | 1 to 2 years |
| Fourth+ Offense (or any offense where the operation resulted in serious bodily injury or death) | Felony (3rd Degree) | Minimum $10,000, plus costs | 5 to 7 years |
If, after fourteen days, a provider cited for operating without a certificate fails to file an application, § 1031 directs DHS to assess an additional “twenty dollars ($20) for each resident for each day” the facility fails to apply, and each day of unlicensed operation is a separate offense. (This attaches to unlicensed operation, not to a citation on a certificated center.)
Appeal rights
Operators may appeal eight DHS decisions — certificate denial, non-renewal, revocation, a provisional certificate’s issuance and duration, a capacity reduction or increase denial, and limiting or precluding admissions (§ 20.81; § 3270.12(d)) — within 30 days after service of the notice of the action (§ 20.82(b)). Given the stakes, consult counsel on an enforcement action.
Adding a Second Site, Relocating, or Selling
A certificate is tied to one legal entity and one physical location, and is non-transferable (§ 20.57(a); 62 P.S. § 1009).
Void without notice
Under § 20.57(b), a certificate becomes void without notice on a change in the ownership of the legal entity, or in the name, physical location, or profit/nonprofit status of the facility. A transfer of stock “does not, for purposes of this chapter, constitute a change of ownership of a legal entity” (§ 20.57(b)(1)) — a licensing definition only, silent on tax, securities, and corporate law.
Under § 20.58, the entity must both notify DHS at least 30 days in advance of a change of legal entity, name, location, or profit status (§ 20.58(a)) and submit a new application at least 30 days in advance of the change (§ 20.58(b)) — independent duties; the notice does not stop the certificate from going void on the change itself. Because a sale, move, or ownership change also carries tax, securities, and corporate-law dimensions, confirm the steps with your OCDEL regional office and counsel before acting.
Expanding to a second location
One legal entity may hold certificates at multiple sites, each generally on its own application (§ 20.21(d)); the certificate names “satellite sites, if applicable” (§ 20.55(b)) without defining them, so confirm any such arrangement with your regional office. The designated representative repeats orientation for the new site, and a staff-qualification waiver does not travel — it “remains in effect for the staff person at the location specified” (§ 3270.13(e); pa.gov, Child Care Orientation).
The Keystone STARS Quality Layer
Keystone STARS is OCDEL’s Quality Rating and Improvement System, on a STAR 1 to STAR 4 scale. Every center with a regular certificate is automatically STAR 1, and higher levels are earned against performance indicators; designations run 3 years with an annual PA PD Registry attestation in years 2 and 3, and missing it drops the program to STAR 1 (2023 Keystone STARS Program Manual, dated October 1, 2023, pp.13, 15).
STARS participation ties revenue to compliance:
- Child Care Works (CCW) subsidy add-on: STAR 2–4 centers receive a daily, per-child add-on that rises with each level, applied automatically to CCW payments; the only published rate table is dated 2019, so confirm the current rate with your Early Learning Resource Center (ELRC).
- Continuous Quality Improvement (CQI) awards: under ELRC Announcement 26-03 (effective July 1, 2026, through June 30, 2027), eligible STAR 2–4 centers receive 2026-27 awards of $1,500 to $7,500 by capacity, no application required, with eligibility letters from August 31, 2026.
- The compliance penalty: a provisional certificate may trigger an exception to a program’s normal STARS designation cycle, in which case “the program may need to undergo a full designation in order to maintain their STAR” (2023 Program Manual, p.15). Because a STAR 2-or-above designation unlocks both the CCW add-on and CQI eligibility, one provisional certificate can drop three revenue lines at once — the STAR designation, the CCW add-on, and the CQI Award.
Sources
Statutes
- Human Services Code, 62 P.S. §§ 901–922 and 1001–1088 (Articles IX and X) — §§ 1006, 1008, and 1031 amended December 28, 2015 (Act 92 of 2015); § 1001 definitions amended June 22, 2018 (P.L.258 No.40).
- Child Protective Services Law, 23 Pa.C.S. Ch. 63.
Regulations and codes
- 55 Pa. Code Chapter 3270 — amendment effective December 19, 2020 (50 Pa.B. 7133); code current through 56 Pa.B. 3438 (June 6, 2026).
- 55 Pa. Code Chapter 20 — adopted effective August 19, 1985; § 20.42 amended effective June 18, 2016.
- 34 Pa. Code § 403.23.
- 45 CFR Part 98, Subpart E (§ 98.41(a)(1)).
- Philadelphia Code § F-408, phila.gov.
Agency announcements and guidance
- OCDEL Announcement C-26-01 — issued June 10, 2026.
- OCDEL Announcement C-25-01 — issued January 15, 2025; effective February 1, 2025.
- ELRC Announcement 26-03 — issued August 10, 2026; effective July 1, 2026, through June 30, 2027.
- 2023 Keystone STARS Program Manual — dated October 1, 2023 (add-on rate table effective September 1, 2019).
Agency pages and portals
The Pennsylvania Key (Certification; Certification Regulation Rewrite Impact Project); pa.gov (OCDEL Bureau of Certification Services; Child Care Orientation; Child Care Regulations; clearance pages, $13 and $22; File a Child Care Facility Complaint); DHS COMPASS Online Child Care Provider Search.
The Managed Finance Perspective
Pennsylvania’s rules create distinct financial demands. The certificate is $0, but the real cost sits in payroll and operations — staggered background checks every 60 months per employee, 12 hours of annual training per staff member, and a municipal certificate of occupancy. With no renewal grace period, the 60-day pre-expiration deadline (§ 20.22(a)) is an absolute barrier. And a provisional certificate can drop a center’s Keystone STARS designation — and with it the CCW subsidy add-on and CQI Award eligibility — so a clean compliance record is a direct input to financial stability.
Each of these triggers is also a bookkeeping and cash-flow event — a calendar problem as much as a compliance one.
Managed Finance for Your Pennsylvania Center
The bookkeeping, payroll, and subsidy accounting behind a growing child care center add up quickly. Tactivus does bookkeeping and managed finance for early childhood education providers.
Contact Tactivus to learn how we can run your finance function while you focus on your classrooms.