State Requirements For Day Care Insurance
Start with the federal picture, because it is simpler than most people expect. No federal rule makes liability insurance a condition of a state child care license. Federal Child Care and Development Fund health and safety rules at 45 CFR 98.41 cover safe sleep, pediatric first aid and CPR, food allergy response, premises safety and transportation precautions, and say nothing about insurance. Federally funded programs are a different story. Head Start grant recipients must carry cost-effective insurance for identified risks under 45 CFR 1303.12, and facilities purchased with Head Start funds carry their own requirements under 45 CFR 1303.52. For everyone else, insurance is left to the states, to your landlord, and to your contracts.
Roughly half the states make liability insurance a licensing condition for centers, and the count differs depending on who is counting and when. Fewer states apply it to family child care homes, and several of those use a parent-notification rule instead of a coverage mandate. Below are the ones we verified against primary sources as of this update. Everything is subject to change, so confirm with your licensor before you rely on it.
- Texas (centers). 26 TAC 746.203 requires liability insurance of $300,000 for each occurrence of negligence covering injury to a child on your premises or in your care, with annual proof to Licensing by your permit anniversary. 26 TAC 746.205 recognizes limited reasons you may not carry it, including inability to find a willing underwriter. If you do not carry it, 26 TAC 746.207 requires written notice to each parent before admission, and within 14 days if coverage lapses.
- Virginia (centers). 8VAC20-780-40(H) requires public liability coverage for bodily injury with a minimum of $500,000 per occurrence and $500,000 in the aggregate per site. A regulatory amendment is in progress; please confirm the current limit.
- Illinois (centers). 89 Ill. Adm. Code 407.70(l) requires $300,000 per occurrence single limit public liability, plus $1,000,000 combined single limit per accident on vehicles requiring a school bus driver permit.
- Pennsylvania (centers, group child care homes and family child care homes). 55 Pa. Code 3270.18, 3280.17 and 3290.18 each require comprehensive general liability covering persons on the premises, with a current policy kept on site. No dollar minimum is stated in the rules.
- New York (day care centers). 18 NYCRR 418-1.15(c)(28) requires the center to keep a certificate of insurance showing intent to provide general liability, and a copy of the issued policy after licensure.
- California (family child care homes). Health and Safety Code 1597.531 provides three options: $100,000 per occurrence and $300,000 in the aggregate in liability insurance; a $300,000 aggregate bond; or signed parent affidavits on the department's form. Requirements for licensed centers are set separately under Title 22, so verify with Community Care Licensing.
- Ohio (family child care providers). OAC 5180:2-13-07 requires either $100,000 per occurrence and $300,000 aggregate, or completion of form DCY 01933 and delivery to each parent. Child care licensing moved to the Department of Children and Youth, so older 5101 citations you may still see are out of date. We did not find a parallel liability insurance rule in the licensed center chapter (5180:2-12).
- Washington. WAC 110-300-0480 requires a current insurance policy covering the driver, the vehicle and all occupants when you transport children. We did not locate a general liability mandate in the licensing chapter.
- Minnesota. The state has used a parent disclosure rule rather than a coverage mandate. The notice statute moved from 245A.152 to 142B.62 and has since been repealed, and licensing has transferred to the Department of Children, Youth, and Families. Confirm the current requirement and form with DCYF before you rely on it.
- Maryland. The Maryland Insurance Administration advises that state law requires a registered family child care provider's homeowners insurer to offer liability coverage. It does not require the provider to buy it, and standard homeowners and auto policies generally do not cover child care operations.
- Florida. No liability insurance requirement appears in the licensing statute at Fla. Stat. 402.305 or the general licensing rule. Vehicle inspection, child restraint and left-in-vehicle alarm requirements do apply.
For every other state, use the federal National Database of Child Care Licensing Regulations. It carries current state profiles and is the source most licensing consultants check first.
