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North Dakota

North Dakota Department of Health and Human Services (HHS), Early Childhood Services

N.D. Admin. Code ch. 75-03-10 — Child Care Center Early Childhood Services (amended through April 1, 2024)

Researched 2026-09 · Summary, not legal advice — confirm with the agency before acting on a figure.

Regulates: ND HHS regulates early childhood services under NDCC ch. 50-11.1 and NDAC art. 75-03: in-home care (75-03-07), self-declaration providers (75-03-07.1), family child care (75-03-08), group child care (75-03-09), child care centers (75-03-10), preschools (75-03-11) and school-age programs (75-03-11.1). Family, group, center and preschool programs are licensed; in-home providers register and self-declaration is a lighter-touch category.

Staff-child ratios (centers)

Infants
1:4
under 18 months
max group 10
Toddlers
1:5
18 to 36 months
max group 15
Preschool
1:7
3 to 4 years (4-5 yrs: 1:10, max 25)
max group 20
School-age
1:20
6 to 12 years (5-6 yrs: 1:12, max 30)
max group 40

Requirements

Annual training
Staff working 30+ hours/week must certify 13 hours of department-approved training annually (prorated to 11, 9 or 7 hours for part-time staff). Also required: a department-approved basic child care course within 90 days of hire, infant/pediatric CPR-AED and pediatric first aid certification within 90 days, 1 hour of safe sleep training before caring for infants, and annual mandated-reporter training.
Lead teacher
Staff counted in ratios may be as young as 14 (with parental consent under 16) and must complete the basic child care course, CPR/AED and pediatric first aid. Classroom supervisors must additionally hold an associate degree in early childhood, a CDA or approved diploma, Montessori certification, or a high school diploma plus 1 year of experience in child care.
Director
A director must be an adult with management knowledge or experience and one of several credentials: e.g., a bachelor's degree in ECE/child development; a bachelor's or associate degree plus 8 semester hours of ECE coursework, 120 hours of approved early childhood training, or a director's credential, with 6-12 months of experience; an elementary teaching certificate plus 6 months of experience; or a CDA/approved diploma plus 1 year of experience.
Worth knowing
'Infant' is defined as under 12 months, but the ratio band runs to 18 months. Mixed-age groups use a weighted decimal staffing calculation, and any group containing children under 18 months is capped at 10.

Compliance

Background checks
Applicants, owners, operators, directors, supervisors, emergency designees, staff and substitutes must submit a department-approved background check authorization by the first day of employment, and owners must submit fingerprint-based criminal history record check applications upon hire and at least every five years (NDAC 75-03-10-27, -28). Under NDCC 50-11.1-06.2 fingerprints go to the BCI (with nationwide check), the department screens for confirmed child abuse/neglect decisions under NDCC ch. 50-25.1, and a check is valid five years unless employment separation exceeds 180 days.
Mandated reporting
The operator must report suspected child abuse or neglect immediately as a mandatory reporter as required by NDCC § 50-25.1-03, and orientation must cover child abuse and neglect reporting laws (NDAC 75-03-10-09(16), -12(2)(g)). One hour of department-approved mandated reporter training is required annually for directors, supervisors and staff.
First aid & CPR
Within 90 days of employment and before having unsupervised access to children, staff must be currently certified in infant and pediatric CPR with AED use and in pediatric first aid, through American Heart Association, American Red Cross or department-approved equivalent programs (NDAC 75-03-10-12(1)(d)-(e); parallel requirements for directors and supervisors at 75-03-10-10 through -11.2).
Health & safety training
Staff must receive orientation during the first week of employment (emergency health/fire/safety procedures, handwashing/sanitation, children's special health and nutrition needs, program policies, and child abuse reporting laws) and complete a department-approved basic child care course within 90 days (NDAC 75-03-10-12). Annual department-approved training is scaled to hours worked (13 hours if 30+ hrs/week down to 7 hours if under 10), including one hour of safe sleep before caring for infants and one hour of mandated reporter training annually.

Operations

Supervision rule
Supervision means a staff member responsible for children being within sight or hearing range of them and ensuring safe care (NDAC 75-03-10-12(3)); staff under 18 must themselves be supervised by an adult staff member, and children may be released only to a parent, guardian or authorized individual (75-03-10-09). Children may not leave the premises unsupervised except with written parental consent specifying the activity, time, transportation and responsibility (75-03-10-09(20)).
Record-keeping
Operators must keep each child's identifying information and verified identity, parent and emergency contacts, emergency medical authorization, immunization verification or exemption, and an annually updated health assessment, all held confidentially (NDAC 75-03-10-22). Parents must be informed in writing of any first aid administered, injury reports become part of the child's record, and deaths, hospitalizations, medication errors and injuries requiring medical treatment must be reported to the department within 24 hours (75-03-10-09(19), -26).
Inspections
The department may investigate and inspect any early childhood program, its premises, records and staff qualifications at any time, and the fire marshal inspects on request (NDCC 50-11.1-07); operators must also file annual local/state fire inspections (NDAC 75-03-10-17). Violations found on inspection trigger correction orders — with parent notification and conspicuous posting — followed by reinspection after the correction period (NDCC 50-11.1-07.2; NDAC 75-03-10-29); licenses are issued for one- or two-year periods per the statutory fee schedule.

Worth knowing: A fixed minimum routine-inspection frequency (e.g., annually) is not stated in the fetched code or statute — the statute authorizes inspection "at any time"; HHS licensing practice may specify more. Background-check registry components beyond BCI/nationwide criminal and the NDCC 50-25.1 child abuse decision screen were not further itemized in fetched text.

Family & home child care

N.D. Admin. Code ch. 75-03-08 (Family Child Care Early Childhood Services) and ch. 75-03-09 (Group Child Care); N.D. Cent. Code ch. 50-11.1

Family Child Care (license)
A private residence licensed for no more than 7 children at any one time, plus up to 2 additional school-age children. A family license is required when caring for 4 or more children ages 24 months and under, or for 6-7 children through age 11 including no more than 3 under 24 months. All children under 12 present count, including the provider's own; the provider's own children, foster children, or grandchildren over age 11 are exempt (NDCC 50-11.1-02, 50-11.1-02.1, 50-11.1-03).No more than 3 children under 24 months within the 7-child configuration; caring for 4 children ages 24 months and under is a distinct licensed configuration (NDCC 50-11.1-03(1)).
Group Child Care (group-home license when operated in a residence)
A group child care license covers at least 8 and no more than 30 children at any one time; actual licensed capacity depends on space and staff-to-child ratios. It may be operated in a private residence (group-home license) or a facility (NDCC 50-11.1-02(9), 50-11.1-03(2); NDAC 75-03-09).
Provider training
A minimum of 9 hours of department-approved child-care-related training annually, including 1 hour on mandated reporting; plus 1 hour of approved safe-sleep training before caring for infants and annually thereafter (NDAC 75-03-08-10).
Worth knowing
Staff/child ratio detail and infant limits for group child care (NDAC 75-03-09) were not extracted from the primary text — set to null. North Dakota also has license-exempt 'self-declaration' (up to 5 children, max 3 under 24 months, in a private residence) and 'in-home' (care in the child's own home) categories.

A ratio is easy to read and hard to hold at 3pm on the playground.

Rehearse supervision