Daycare Forms and Legal Requirements for Care-giving Institutions

Daycare Forms and Legal Requirements for Care-giving Institutions

Getting a hold of all the applicable daycare forms required by your state will help you prepare to satisfy all the legal requirements for starting a home daycare business. While they may seem cumbersome and overly complex, the legal requirements for opening a daycare are in place to provide a safe, enriching environment for children while protecting you from both real as well as potentially frivolous lawsuits. Planning in advance can save you a lot of headaches in the future and will also help you when preparing a daycare business plan.

Legal requirements to open a daycare

Some states differentiate between ‘babysitting’ and operating a daycare. Generally, the number of children being cared for dictates which category your business is placed in. There are more stringent requirements for daycares than for babysitting businesses. Specific laws and regulations differ state-to-state but the general requirements are:

  • Liability and property insurance which may or may not be covered under your homeowner’s policy
  • You must meet minimum building requirements such as occupancy limits, minimum space required per child, as well as fire code and child-proofing requirements
  • All staff must be trained in First Aid and CPR, and some states require staff members to have training in early childhood development and education
  • In order for staff to be licensed caregivers, they need to undergo a criminal background check and must meet minimum age and training requirements imposed by the state
  • To stay in compliance with all regulations, daycare operators must submit to regular inspections, follow nutritional policies and food safety guidelines


  • These are broad requirements and it is up to you to ensure that you are familiar with the legal requirements imposed by your state. You will need to address these requirements in detail when writing your business plan.

    Daycare business plan

    Whether or not you require outside funding to start your daycare business, it is beneficial to develop a detailed business plan. It should contain your operational, financial and marketing planning at a bare minimum. Writing a comprehensive business plan forces you to do all of the required research and planning necessary to run your business smoothly and profitably. You will need to estimate start-up and operational costs as well as your expected income. In writing the business plan you will likely ask yourself a number of questions. What is required to bring your house up to the minimum building regulations? How many staff members will you need to hire? What is your break-even point? How will you promote your business? How much are other daycares in your area charging per child?

    As you answer these questions, you will find that new ones continue to present themselves. If you are not a business-savvy individual, there are a few well-researched daycare start-up kits that include all the daycare forms, licensing requirements and step-by-step guides that address all of your questions.

    Daycare forms for start-up and daily operation

    When first opening your doors as a new daycare business, it is best to have several forms already prepared. Some of these daycare forms are required for you to manage your business, others are required to ease apprehensive parents.

  • Enrollment forms include dates and details of all children enrolled in your daycare. They may also include emergency contact information, pertinent medical details (such as allergies) and other relevant information.
  • Food preparation/meal planning forms can help you keep track of meals and may even be required to satisfy child nutrition and food safety regulations in your state.
  • Employment contracts carry compensation, disciplinary and other guidelines for any employees you will hire.
  • A daily schedule will not only help you organize the children’s play, sleep, eating and educational time, it is useful when promoting your new daycare to parents.
  • Other forms that will help your business run more smoothly:

  • Cash flow, accounts receivable, and a balance sheet can be filled out by you or your accountant.
  • Disciplinary and accident reports can help you avoid potential lawsuits and ensure that all daycare staff are teaching and following the same rules and guidelines.
  • Enrollment contracts for parents stipulate the length and breadth of your service contract, childcare policies, operational procedures and so forth.

  • Final Thoughts

    While this may be one of the least enjoyable aspects of running your own business, ensuring that you have completed all the necessary daycare forms and are in full compliance with state laws and regulations is essential for starting a home daycare. Investing the appropriate amount of time in planning before you open your doors will save you from legal hassles, operational missteps, and financial disaster in the future.