How to Start a Daycare in Pennsylvania: DHS Certificates for Family, Group and Center Care

If you want to care for other families' children in Pennsylvania, the paperwork starts with one question: how many unrelated children will be in your care at one time? That answer decides whether you need a certificate, which kind you need, and which chapter of the state child care regulations governs your program.

Child care certification in Pennsylvania runs through the Department of Human Services (DHS) and its Office of Child Development and Early Learning (OCDEL). OCDEL issues the certificate of compliance for family, group and center child care. Pennsylvania has no state general business license and no county business licenses for daycare operators, but municipalities still regulate where a child care business can operate, especially a home-based one. This guide follows the order that works in practice, so you find the deal-breakers before you spend money.

This article is informational content, not legal, tax, or licensing advice. Requirements change, so confirm current rules with DHS and talk to a qualified attorney or CPA before you sign a lease, buy equipment, or take enrollment deposits.

Which certificate you need

Pennsylvania sorts child care by the number of unrelated children in care. Use this table as your starting point, then confirm the exact counting rules in the regulation text for your chapter.

Care type	Unrelated children in care	Governing chapter
No certificate required	1 to 3	None
Family child care home	4 to 6	Chapter 3290
Group child care home	7 to 12	Chapter 3280
Child care center	7 or more (confirm with DHS whether a group home or center certificate fits your program)	Chapter 3270

Two counting points need care. Children related to you are not counted as unrelated children. Whether your own children count toward your capacity depends on the chapter language, so confirm that with OCDEL before you advertise a number of spots.

What you need before you apply

Gather these items before you file anything. Most delays happen because one of them is missing or was started too late.

• A capacity decision: the maximum number of unrelated children you plan to serve and the age groups you will accept.
• A location: a home or commercial space, plus written confirmation from the local zoning office that child care is allowed there.
• A business structure: a sole proprietorship, or an LLC or corporation filed with the Department of State.
• A business name plan: your legal name, LLC name, or a registered fictitious name.
• Background clearances: Pennsylvania State Police (PSP) criminal history, FBI fingerprint check, and child abuse clearance for each person who needs them.
• A floor plan and outdoor space plan that matches your chapter's space and safety rules.
• Program documents: enrollment forms, health and medication policies, an emergency plan, attendance logs, and immunization record forms.
• A staffing and ratio plan built from the current ratio and group size tables in your chapter.
• A budget with real gaps: the state filing fees below are verified, but DHS application and clearance costs must be confirmed on the agency pages.

Step-by-step: opening a Pennsylvania daycare

1. Pick your care type and capacity. Decide the maximum number of unrelated children you will serve and whether you will operate from your home or a commercial space. Your count points to the chapter: 3290 for 4 to 6 children in a family home, 3280 for 7 to 12 children in a group home, and 3270 for a center. Write this down, because every later decision depends on it.
2. Confirm zoning and local rules before you sign anything. Home daycares get stuck here more than anywhere else. Municipal zoning controls home occupations, and a lease, condo association, or homeowners association may prohibit the use. Call the township or municipality zoning office, ask how child care is classified for your address, and get the answer in writing. Because Pennsylvania has no county business license, this local check is the one you cannot skip.
3. Choose your business structure. A sole proprietorship needs no state formation filing. An LLC does. The Certificate of Organization, Domestic Limited Liability Company (Form DSCB:15-8821), is filed with a Docketing Statement (DSCB:15-134A) and carries a $125 filing fee. The Bureau asks filers to allow about 15 business days for processing, and expedited service is available for an added fee. Your LLC name must include the word company, limited, or limited liability company (or an abbreviation of one of those), and it cannot imply a corporation. Check availability with the Business Search at file.dos.pa.gov/search/business. A corporation also carries a $125 filing fee and requires advertising notice in two newspapers, which adds work. LLCs have no publication requirement.
4. Get a registered office, not a registered agent. Pennsylvania does not use registered agents. Your filing must list a registered office with a street and number, and a post office box alone is not accepted. If you have no Pennsylvania address to list, you may contract with a Commercial Registered Office Provider (CROP) and list its name and county of venue. Listing a CROP without a real contract can carry civil and criminal penalties, and a CROP cannot be used where a principal place of business is required.
5. Register a fictitious name if you need one. If the daycare will operate under a name other than your legal name or your LLC name, register that name with the Department of State. The Registration of Fictitious Name (Form DSCB:54-311) carries a $70 fee. It is filed statewide with the Bureau of Corporations and Charitable Organizations, not with your county.
6. Register for any tax accounts that apply. Pennsylvania has no general business license, so there is no single license to hold. The PA-100 was retired in 2022, so do not look for that form. Tax registrations are handled through myPATH. If you will have employees or collect taxable sales, confirm which accounts apply with the Pennsylvania Department of Revenue at pa.gov/agencies/revenue and with a CPA. Ask about payroll withholding separately, since a daycare with staff will likely need it.
7. Start background clearances early. Operators, staff, and adults in the home need the required checks, which include the PSP criminal history, the FBI fingerprint check, and the child abuse clearance. Start these as soon as you know who will be involved, because they can hold up staffing and approval. Confirm with DHS who must submit, the age threshold for household members, how long each clearance stays valid, and current processing times. Do not let anyone work with children until their clearances are complete.
8. Build the program and space to the chapter text. Each chapter sets health and safety rules, indoor and outdoor space, staff qualifications, supervision standards, emergency planning, and child-to-staff ratios and group sizes. Build from the current chapter in the Pennsylvania Code, not from a blog summary, including this one. Ratios depend on age group and care type, so confirm the exact table with OCDEL before you post a schedule or hire.
9. Apply for your certificate of compliance. Submit the DHS/OCDEL application for your care type with the required forms, clearance results, and program documents. Expect a review and an inspection before the certificate is issued. Ask OCDEL for the current application route, any application fee, and the processing time, since this guide does not state those figures. Do not enroll children or accept deposits until the certificate is in hand.
10. Decide on Keystone STARS. Keystone STARS is Pennsylvania's quality rating and improvement system for child care. Participation is voluntary. Decide whether to pursue a star rating from opening day or to build toward it after you are operating. Confirm the current requirements, rating process, and available support with OCDEL before you plan your budget around it.
11. Set up recordkeeping and operations. Build your enrollment packets, emergency and medication policies, attendance logs, immunization files, and parent handbook before the first child arrives. Keep clearances, training records, and inspection documents in one place. Inspectors review these files, and organized records make both inspections and parent questions easier.

Common mistakes to avoid

• Caring for children before the certificate is issued. Taking even one unrelated child into a home without the required certificate for your count creates legal exposure.
• Assuming a county or state business license exists. Pennsylvania has neither for daycares, but zoning and state certification still apply, so the lack of a license does not mean the lack of rules.
• Listing a PO box as your registered office. A street address is required, and a CROP needs a real contract.
• Signing a lease before confirming zoning. A landlord or association may refuse child care use after you have already paid deposits.
• Miscounting children. Confirm how your own children count before you advertise a capacity, since a count error changes the chapter that applies.
• Starting clearances at the end. Waiting until the space is ready pushes back your staffing plan and your opening date.
• Using old forms or the retired PA-100. Download current forms from the agency pages and register tax accounts on myPATH.
• Missing the LLC annual report. LLCs must file an annual report with a $7 fee between January 1 and September 30 each year, online at file.dos.pa.gov.
• Building to a summary instead of the chapter. Space, supervision, and ratio rules are specific, and a summary can leave out the detail an inspector checks.
• Advertising spots you cannot staff. Set enrollment based on the ratio table you confirmed, not on the largest number the room could hold.

Practical tips

• Call OCDEL early, ask which office serves your county, and get the process confirmed in writing.
• Keep a single checklist for your chapter and mark each item with the date you confirmed it.
• Price your staffing to the ratio table from the first budget, not after you open.
• Ask your insurance agent about coverage for child care operations before you enroll anyone. Insurance is a business decision, and this guide does not give figures for it.

Items to confirm with the agency

Several parts of this process depend on figures or rules that must be confirmed at the source. Use this table so you do not assume a number that is not verified.

Item	Confirm with
Staff-to-child ratios and group sizes for your chapter	DHS OCDEL
DHS certificate application fee and processing time	DHS OCDEL
Who must submit PSP, FBI, and child abuse clearances, and how long each stays valid	DHS OCDEL
Whether your own children count toward capacity	DHS OCDEL and your chapter text
Keystone STARS eligibility, rating process, and support	DHS OCDEL
Home-based child care zoning classification at your address	Township or municipality zoning office
Which tax accounts apply to your business	Pennsylvania Department of Revenue and a CPA

What to expect after you apply

Once your zoning, clearances, business filings, and program documents are in order, the path to opening is usually shorter and more predictable. Programs that prepare the space, staffing plan, and records before applying may face fewer delays. Processing times and inspection schedules are set by DHS, so build a buffer into your opening date rather than planning around a best case.

Keystone STARS participation can help a program show its quality to families, but it is voluntary, and results depend on each program's own practices and staffing. The first year is usually about operations more than paperwork: keeping staff qualified and cleared, keeping enrollment within your confirmed ratios, and keeping records current for inspections.

Official resources

• Department of Human Services, child care information: https://www.dhs.pa.gov/
• Department of State business search: https://file.dos.pa.gov/search/business
• Department of State Business Filing Services: https://file.dos.pa.gov/
• Department of State business information: https://www.pa.gov/agencies/dos/programs/business
• Department of Revenue: https://www.pa.gov/agencies/revenue

Disclaimer: This article is general information about starting a child care business in Pennsylvania. It is not legal, tax, or licensing advice. Consult a qualified attorney and a CPA about your situation, and confirm every requirement with DHS and the other named agencies before you act.