How to Start a Home Daycare in Kansas: Office of Early Childhood License, Fire Safety Approval and Background Checks

Getting a daycare license in Kansas for your home involves three separate gates: a state child care license, fire safety approval from the State Fire Marshal, and background checks on everyone who lives, works or volunteers in the home. Since July 1, 2026, the Kansas Office of Early Childhood (OEC) licenses day care facilities, including family child care homes, under K.S.A. 75-7707 and following. The Kansas Department of Health and Environment (KDHE) handled this work before that date, so older forms, web pages and phone trees may still point you to the wrong agency.

This guide puts the steps in the order that avoids the most wasted money. It is informational content, not legal or tax advice. Licensing rules change, and OEC, the State Fire Marshal and your city make the final decisions on your application. If your home has a shared lease, a co-owner, a business partner or a complicated household, talk with a licensed attorney or CPA before you sign a lease, form an entity or buy equipment.

Quick facts for a Kansas home daycare

• Licensing agency: Kansas Office of Early Childhood (OEC) for day care facilities, effective July 1, 2026
• Capacity: up to 12 children under 16 for a family child care home, and your own children under 10 count toward that total
• Licensee: age 18 or older with a high school diploma, plus first aid, CPR and health and safety training
• Background checks: KBI criminal and child abuse checks on everyone who lives, works or volunteers in the home
• Inspections: at least every 12 months, plus fire safety approval from the State Fire Marshal
• License fee: not settled in this guide. The old KDHE page listed $85, but K.S.A. 75-7710, effective July 1, 2026, says there is no annual license fee for a day care facility. Confirm with OEC.

Materials and documents to gather

Collect these before you start the application so you do not stop halfway through. OEC's application sets the exact forms and checklist, so use its current versions.

• A government-issued photo ID for each adult in the household
• A complete roster of everyone who lives in, works in or regularly volunteers in the home, with full names, dates of birth and addresses
• A floor plan showing the rooms you will use for care, exits, bathrooms, sleeping areas and outdoor play space
• Copies of first aid, CPR and health and safety training certificates for the licensee
• Your high school diploma or equivalent records
• Proof of your right to use the home, such as a deed or lease, plus your landlord's written permission if you rent
• Contact information for your city or county zoning office, and copies of any permits you already hold
• A written daily schedule, enrollment policy and emergency plan, which OEC may ask to review
• A payment method for any fee OEC confirms applies to your license or background checks

Step 1: Call OEC and get the current rules in writing

Start with the agency, not a search engine. Email [email protected] or call KDHE Child Care Licensing at 785-296-1270, which is handling the transition. Ask these questions and write down the name of the person who answers and the date:

• Which application and license type apply to a family child care home?
• Which fee applies? The KDHE page from before the move listed an $85 family child care home license, but K.S.A. 75-7710 says there is no annual license fee for a day care facility. Ask OEC which rule it follows.
• What is the current background check fee, and who pays it?
• Does the older exemption for up to four unrelated children for 35 hours a week or less still exist? It may have changed, so do not assume you can care for children without a license.
• How often will inspections happen, and what does the first inspection cover?

A written answer from OEC protects you if the rules change while your application is pending.

Step 2: Confirm your home can legally host care

A state license does not override local zoning. Kansas has 105 counties and 624 cities, and every incorporated place is legally a city, so your address falls under either city rules or county rules. City rules vary widely. Shawnee caps home daycares at 6 children, well below the state limit of 12. Lenexa uses limited and general tiers, so the number of children you can serve depends on which tier your home fits. Call your city or county planning and zoning office and ask:

• Is home-based child care allowed at my address, and in which zoning district?
• Is there a cap on children, and does that cap count my own children?
• Do I need a home occupation permit, neighbor notice, parking approval or a city business license?
• Are there rules for outdoor play areas, fencing or signs?

If your home is in Kansas City, Kansas, use Kansas City, Kansas rules. It is a different city from Kansas City, Missouri. Only Kansas City, Missouri has a city earnings tax, so that tax does not apply to a home in Kansas City, Kansas.

Step 3: Decide how you will hold the business

Kansas does not require a daycare operator to form an entity, but many operators do. Your two main options work like this.

Sole proprietorship. You own the business personally, and no Secretary of State filing is needed to start. Kansas has no state-level DBA filing, so if you operate under a name other than your own, check city and county requirements. If you want protection for the name itself, you can pursue a trademark or service mark through the Secretary of State.

Limited liability company (LLC). You file Articles of Organization, Domestic (Kansas) Limited Liability Company (Form DL), with a $85 filing fee. The name must include L.L.C., L.C., LLC, LC, LIMITED LIABILITY COMPANY or LIMITED COMPANY. If you want to reserve a name first, the Secretary of State charges $35 for a 120-day reservation. Kansas calls the registered agent a resident agent. It must be an individual, a business registered in Kansas, or the entity itself, and the registered office must be a Kansas street address, not a PO box.

After formation, an LLC files a biennial Information Report, not an annual one. The fee is $90, and it is due by April 15. Businesses formed in an even year report in each succeeding even year, and businesses formed in an odd year report in each succeeding odd year. A three-month delinquency window follows the due date before the entity is forfeited. Kansas has no LLC franchise tax. An LLC is a pass-through entity for state income tax, so its income is reported on the members' individual returns.

File online through the Kansas Secretary of State business services portal. Online filings process within minutes. Search for your name first in the Secretary of State business search, because a similar name in use may require a Consent to Use of Similar Business Name (Form CN). Reservation forms are available from the Secretary of State name reservation form.

Whatever structure you choose, register with the Kansas Department of Revenue for any business tax that applies to you. Registration is free, and you can start at the Kansas Department of Revenue business page. Talk with an attorney about how liability protection and insurance apply to a child care business, since an entity alone does not settle those questions.

Step 4: Complete the licensee requirements and training

The licensee must be 18 or older, hold a high school diploma, and complete first aid, CPR and health and safety training. Finish these before you apply, because certificates are easy to have ready now and slow to get while a file waits. Course costs and formats vary, so ask OEC which providers and course types it accepts. A generic online CPR card may not satisfy the requirement.

Keep original certificates in your licensing file and set calendar reminders for renewal dates. Plan training for any assistant or second provider as well, since staffing levels may change how many people need training. Confirm the exact requirement for each adult in the program with OEC.

Step 5: Run background checks on everyone in the home

OEC requires KBI criminal and child abuse checks on everyone who lives, works or volunteers in the home. Build your roster early, because it includes people applicants often forget: a spouse or partner who lives with you, an adult child, a relative who helps with pickup or a regular volunteer. Confirm with OEC which people and which ages must be checked, and what happens when someone new moves in or begins helping.

KDHE has said a $48 comprehensive background check fee resumed on January 1, 2026. Because licensing has moved to OEC, confirm that amount and who pays it before you set your budget. Also ask how results are returned and how long they take. Results can hold up your opening date, so start this step as soon as your roster is final.

Step 6: Get State Fire Marshal fire safety approval

Fire safety approval from the State Fire Marshal is a required part of the process. Call the Fire Marshal's office early and ask four things: what the inspection checklist covers, how to schedule the visit, whether a fee applies, and whether approval must come before or after OEC's review. The answer to the last question decides when you can plan your opening, so confirm it in writing.

Prepare for the visit by walking through your home as an inspector would. Check that exits are clear and usable, that the rooms you plan to use match your floor plan, and that the spaces you list for children are the spaces they will actually use. Do not assume that a fire marshal's checklist and OEC's checklist are identical.

Step 7: Submit the application and prepare for inspection

Submit the OEC application with every document on your checklist. Keep a complete copy of the packet and record the date you submitted it. Answer any follow-up questions quickly, because incomplete files stall the process.

Do not accept any children until OEC confirms in writing that you may begin. Once licensed, OEC inspects at least every 12 months, so plan for inspections as a normal part of operations. Before your first visit, review how you store cleaning products and medicines, how you supervise outdoor play, where children sleep, and how you handle hand washing and food. Keep records of each item you check so you can show your work.

Step 8: Stay compliant after you open

Compliance is an ongoing job. Put these recurring items on a calendar:

• Renew first aid, CPR and health and safety training before each expiration date.
• Prepare for inspections at least once every 12 months.
• Re-check background checks whenever a household member or regular helper changes.
• Renew city permits and confirm zoning approvals stay in effect.
• File the LLC biennial Information Report by April 15 in the correct cycle, and update the resident agent or registered office whenever your name or address changes.

Common mistakes to avoid

• Using pre-July 2026 KDHE forms or fees. Confirm every form and amount with OEC.
• Treating the $85 fee as settled. The old KDHE listing and K.S.A. 75-7710 point in different directions, so get the answer in writing.
• Assuming the four-child exemption still works. Ask OEC before you enroll a single child.
• Forgetting a household member. Every person who lives, works or volunteers in the home is part of the background check process.
• Signing a lease before checking zoning. A caps or permit problem can end a plan that met every state requirement.
• Enrolling children before the license arrives. Operating early can create serious problems with your application.
• Listing a PO box as the LLC registered office. Kansas requires a street address where the resident agent can be regularly present.
• Confusing Kansas City, Kansas with Kansas City, Missouri. They are different cities in different states with different rules.

What to expect after you complete these steps

Completing every step in this guide is the path toward a licensed home daycare, and it may help you open on a predictable schedule. It does not guarantee a license or a fixed opening date, because OEC, the State Fire Marshal and your city each review your home separately and may request changes. Build your opening date with room for each outside review, since this guide does not give a published processing time for every step. Once you have written answers from each agency, you will have a much clearer picture of your real timeline and costs.

Resources

• OEC contact for the transition: [email protected], or KDHE Child Care Licensing at 785-296-1270
• Kansas Secretary of State business search
• Kansas Secretary of State business information
• Kansas Department of Revenue business page
• Kansas Small Business Development Center

Disclaimer: This article is general information about starting a home daycare in Kansas. It is not legal, tax or licensing advice. Confirm every requirement, fee and deadline with the agency that administers it before you act, and consult a qualified attorney or CPA about your specific situation.