Home capacity: A day care home may receive not more than six (6) children for daytime care (Ala. Code 1975 sec. 38-7-2(5)); a group day care home receives at least seven but no more than twelve (12) children and requires at least two adult caregivers (the licensee plus an assistant caregiver) present whenever seven or more children are present (Ala. Code 1975 sec. 38-7-2(9); DHR Minimum Standards for Family/Group Day Care Homes, Ala. Admin. Code ch. 660-5-27). No group day care home may be licensed for more than six (6) children younger than twelve (12) months, and there must be at least one caregiver supervising each three (3) children younger than twelve (12) months; a basic family day care home may not be licensed for more than three (3) children younger than 12 months (ch. 660-5-27).
Home capacity: A child care HOME has at least one caregiver and may serve no more than a total of 8 children younger than 13 (including the caregiver's own children under 13), of whom no more than 3 may be younger than 30 months and no more than 2 may be nonambulatory; a child care GROUP HOME has at least two caregivers and may serve no more than a total of 12 children younger than 13, of whom no more than 5 may be younger than 30 months and no more than 4 may be nonambulatory (7 AAC 57.505(a), (b); State of Alaska Child Care Licensing brochure).
Home capacity: Arizona family child care homes are certified by the Department of Economic Security: a provider may care for a maximum of four children for compensation at one time (birth through age 12), or a maximum of six children total when no more than four are for compensation and no more than two of the children in care are younger than age 1 unless they are a sibling group (Ariz. Admin. Code R6-5-5220). Homes of five to ten children are instead certified as "child care group homes" by ADHS, which require two staff members present when six to ten children are in care (A.R.S. § 36-897.01).
Home capacity: A Licensed Child Care Family Home serves six (6) to sixteen (16) children (Family Home MLR 102.4). With one (1) caregiver the home may care for up to 10 children (e.g., up to 8 with no more than 1 under age 2; up to 10 if all are age 3 and up); with two (2) caregivers up to 14 children (no more than 4 under age 2), rising to 15-16 only when no more than 2 children are under age 2; homes specializing in infant care must maintain a 1:3 ratio (DCCECE Family Home MLR 301.1, 301.2, 302.1).
Home capacity: A small family child care home may care for up to 6 children (no more than 3 of whom may be infants), expandable to 8 children only if no more than 2 are infants and at least one child is enrolled in/attending kindergarten or elementary school plus a second child is at least 6 years old (Cal. Health & Safety Code § 1597.44); a large family child care home may care for up to 12 children (no more than 4 infants) with an assistant provider present, and up to 14 children (no more than 3 infants when over 12) when the school-age conditions are met (Cal. Health & Safety Code §§ 1597.465, 1597.44).
Home capacity: A standard family child care home may care for up to six (6) children from birth to eighteen (18) years of age, with no more than three (3) children under eighteen (18) months and no more than two (2) of those under twelve (12) months (8 CCR 1402-1, Section 2.307). A large family child care home may serve up to twelve (12) children from birth to eighteen (18) years (capacity includes the provider's own children under ten), must add a second staff member when more than eight (8) children are present, and may care for no more than two (2) children under eighteen (18) months of age (8 CCR 1402-1, Section 2.309).
Home capacity: A family child care home may care for not more than six children (including the provider's own children not in school full time) without an Office of Early Childhood-approved assistant or substitute, or not more than nine children with such an approved assistant or substitute; during the regular school year up to three additional school-age children are permitted, per Conn. Gen. Stat. 19a-77(a)(3). There is an infant sub-limit: the provider may care for no more than two children under eighteen months of age at one time, increasing to up to six children under eighteen months when an approved assistant is present and assisting (Infant and Toddler Restriction, Conn. Agencies Regs. 19a-87b-1 et seq.).
Home capacity: A Level I family home may care for up to 4 children preschool-age-or-younger plus 2 school-age (6 max present, max 2 under 12 months) or alternatively up to 5 preschool-age-or-younger (max 2 under 12 months, max 3 under 24 months); a Level II family home up to 6 preschool-age-or-younger plus 3 school-age (9 max, max 2 under 12 months, max 4 under 24 months); a large family home with one staff member may serve up to 9 (6 preschool-or-younger plus 3 school-age, max 2 under 12 months, max 4 under 24 months) and with two staff up to 12 (max 4 under 12 months, max 6 under 24 months) (DELACARE Regs for Family and Large Family Child Care Homes, Sec. 49 and Sec. 62).
Home capacity: A family day care home may care for: a maximum of 4 children from birth to 12 months; OR a maximum of 3 children from birth to 12 months plus other children for a total of 6; OR a maximum of 6 preschool children if all are older than 12 months; OR a maximum of 10 children if no more than 5 are preschool age and, of those 5, no more than 2 are under 12 months (Fla. Stat. 402.302(8)). A large family child care home, which must have at least two full-time child care personnel on the premises, may care for a maximum of 8 children from birth to 24 months, OR a maximum of 12 children with no more than 4 under 24 months (Fla. Stat. 402.302(11)).
Home capacity: A Family Child Care Learning Home may care for at least three but no more than six unrelated children under 13 (plus up to two additional children age 3 or older for two designated one-hour periods daily with Department approval); when related children or children residing in the home are also present, the total number of children present under 13 may not exceed twelve; an employee (at least 16) is required whenever more than three children under 12 months, more than six under 3 years, or more than eight under 5 years are present (Ga. Comp. R. & Regs. R. 290-2-3-.03(k), 290-2-3-.07(16)-(17), and 290-2-3-.07(19)).
Home capacity: A Hawaii family child care home may provide care for no more than six children at the same time during any part of a twenty-four hour day, with no more than two children under eighteen months of age — increasing to up to four children under eighteen months if there is additional adult help in the home; the provider's own children age six or older (and those under six who are in school or another child care facility more than six hours per day) are not counted in the total (HAR § 17-891.1-18; § 17-891.1-5).
Home capacity: A "family daycare home" provides daycare for six (6) or fewer children and a "group daycare facility" for seven (7) to twelve (12) children; capacity is governed by a maximum allowable child:staff ratio of twelve (12) points per staff member (each child under twenty-four (24) months = 2 points), so a single provider may serve up to six (6) infants or twelve (12) points' worth of older children (Idaho Code 39-1102(8),(9) and 39-1109(4)).
Home capacity: A caregiver alone may care for up to 8 children under age 12, of which up to 5 may be under age 5 with up to 3 of those under 24 months (alternatively up to 6 under age 5 with up to 2 under 30 months); with a qualified assistant the home may add up to 4 full-time school-age children, reaching the statutory maximum of 12 children (89 Ill. Adm. Code 406.13; 225 ILCS 10/2.18).
Home capacity: A Class I family child care home has a maximum capacity of twelve (12) children at any one time, plus up to three (3) additional school-age children enrolled in at least Grade 1 during the school year (470 IAC 3-1.1-36.5); a Class II home serves more than twelve (12) but not more than sixteen (16) full-time and part-time children at any one time (470 IAC 3-1.3-1). Infant/toddler (birth-24 months) ratio is 6:1, but two of the six must be at least 16 months and walking, otherwise the ratio is 4:1; a mixed-age birth-6 years group is 10:1 with no more than three children under 16 months (470 IAC 3-1.1-36.5).
Home capacity: Iowa registers child development homes in three categories under the administrative code: Category A allows no more than 6 children not in school (of those max 4 who are 24 months or younger, of those max 3 who are 12 months or younger) plus up to 2 school-age children, for 8 maximum, with no assistant required (441-110.13(1)); Category B allows no more than 8 not-in-school children (same 4-under-24-months / 3-under-12-months sub-limits) plus up to 4 school-age children, for 12 maximum, and requires a department-approved assistant age 14+ when more than 8 children are present for more than two hours (441-110.14(1)); Category C allows no more than 14 not-in-school children (max 6 who are 24 months or younger; both providers must be present whenever four children under 12 months are in care) plus up to 2 school-age children, for 16 maximum, and requires both providers present whenever more than 8 children are present (441-110.15(1)). [Caveat: the current HHS guidance document Comm. 143 (rev. 04/24) further subdivides registration into categories A, B, C1, and C2, but the binding capacity figures are those in admin code r. 441-110.13 through 441-110.15.]
Home capacity: A one-provider family child care home has a maximum group size of 10 children when serving children at least 2.5 but under 10 years of age, with infant sub-limits under K.A.R. 28-4-114(e) Table I allowing up to 1 child under 12 months while still serving 10 total, dropping to 9 total with 2 infants and 8 total with 3 infants (3 infants being the one-provider maximum); a second provider is required once counts exceed the one-provider limits, raising the maximum group size to 12 children (Table III), with up to 5 children under 12 months permitted at that 12-child cap (K.A.R. 28-4-114(e), effective August 2, 2024).
Home capacity: A Kentucky certified family child-care home may care for no more than six (6) unrelated children at any one time, plus up to four (4) related children for a maximum capacity of ten (10); an assistant is required if the provider cares for more than four (4) infants or more than six (6) children under age six (922 KAR 2:100 Section 10(3),(4)).
Home capacity: Louisiana family child care is defined as care for six or fewer unrelated children offered in the child care provider's private home (a registered/certified category, not a licensed one), and Bulletin 137 sets no separate larger family-home tier that adds capacity for an assistant or a distinct under-X-months sub-limit (LDOE in-home/family provider registration; La. Admin. Code tit. 28, Pt. CLXI, §103).
Home capacity: A licensed family child care home may care for up to 12 children total: 1 provider may care for 4 children ages 6 weeks to 2 years (or 8 children ages 2-5, or 12 children over age 5); 2 providers may care for 8 children under 2; and 3 providers may care for 12 children, with no more than 9 children under age 2 at any time (10-148 CMR Ch. 33 §7.C, Staff-Child ratios table).
Home capacity: A Maryland family child care home may serve a maximum total of 8 children, of whom no more than 4 may be younger than 2 years old, and care may not be provided at any one time to more than 2 children younger than 2 years old unless approved by the office, per COMAR 13A.15.04.03.
Home capacity: A single family child care educator may care for up to 6 children, with no more than 3 children younger than two years old (including at least one toddler who is walking independently); with an approved assistant, a large family child care home may care for up to 10 children, with no more than 6 younger than two years old and no more than 3 infants (606 CMR 7.10(4)(d); 606 CMR 7.10(4)(g)).
Home capacity: A family child care home may care for up to 6 children and a group child care home up to 12 children (a licensee may request a capacity increase to 7 or 14 respectively after holding a license for at least 29 consecutive months), at a minimum ratio of not less than 1 member of personnel to 6 children present in the home at any one time, so a second caregiver is required once more than 6 children are present; for each member of personnel, not more than 4 children may be under the age of 30 months, with not more than 2 of those 4 under the age of 18 months (Mich. Admin. Code R 400.1910 ratio; R 400.1925 capacity).
Home capacity: A Minnesota family day care home with one adult may care for a maximum of 10 children at one time, of whom no more than 6 are under school age and no more than 3 are a combined total of infants and toddlers (no more than 2 of whom are infants); a group family day care home may care for up to 10 children with one adult, up to 12 children with one qualified adult (no more than 10 under school age, no more than 2 infants/toddlers including no more than 1 infant), or up to 14 children with two adults (no more than 10 under school age and no more than 4 infants/toddlers, including no more than 3 infants) (Minn. R. 9502.0367).
Home capacity: Mississippi licenses home-based care under "Child Care Facilities for 12 or Fewer Children in the Operator's Home," capping such homes at 12 children; there is no separate small/large home tier, and capacity is governed by the caregiver staff-to-child ratio (1 caregiver per 4 children under 1 year, 8 one-year-olds, 12 two-year-olds, 14 three-year-olds, 16 four-year-olds, 20 children 5-9 years, and 25 children 10-12 years) combined with square-footage limits (MSDH Regulations Governing Licensure of Child Care Facilities for 12 or Fewer Children in the Operator's Home, Rule 2.8.2 Ratio; Source: Miss. Code Ann. § 43-20-8).
Home capacity: A family child care home may be licensed for up to ten (10) children total, and the staff/child ratios are: with one caregiver — up to 4 children (max 4 under age 2), 5-6 children (max 3 under age 2), or 7-10 children (max 2 under age 2); with two caregivers — up to 8 children (max 8 under age 2) or up to 10 children (max 4 under age 2) (5 CSR 25-400.105(2)(A)).
Home capacity: A family day-care home is a private residence in which day care is provided to three to eight children on a regular basis (52-2-703, MCA). Except for approved overlap care, at least two caregivers are required at all times when more than eight children are present at the home (ARM 37.95.702(1)), and no more than three children under age two are allowed in a family day-care home at any time unless care is provided exclusively to children under two, in which case no more than four children under age two may be present (ARM 37.95.702(2)-(3)).
Home capacity: A Family Child Care Home I serves at least 4 but not more than 8 children, except a licensee may be approved to serve up to two additional school-age children during non-school hours (working maximum of 10, with the 9th and 10th children being school-age) if no more than two of the other children in care are under 18 months of age; in mixed-age care the program may serve up to three infants if no more than two are under 12 months of age. A Family Child Care Home II is licensed to serve at least 4 but not more than 12 children (definitions at 391 NAC 1-002; capacity at 391 NAC 1-006.08).
Home capacity: A Nevada Family Care Home may care for up to 6 children total, with no more than 2 children under 1 year of age (State of Nevada Child Care Licensing Reference Guide, Family Care Homes group-size table); caring for up to 12 children makes it a Group Care Home, which requires one additional caregiver (State of Nevada Child Care Licensing Reference Guide; staffing ratios under NAC 432A.5205).
Home capacity: One family child care provider may care for up to 6 preschool children plus 3 school-age children enrolled in a full-day school program, with no more than 4 children younger than 36 months and no more than 2 younger than 24 months; a family group child care arrangement (a family child care provider plus a family child care worker or assistant) may care for up to 12 preschool children plus 5 school-age children, with no more than 4 of the children younger than 36 months (He-C 4002.34(n),(q)).
Home capacity: A registered Family Child Care provider may care for no more than five children at one time, expandable to a maximum of eight only when the additional children reside with the provider (and are under six) or with an alternate/substitute provider or provider assistant receiving unpaid care; absent a second caregiver, a single provider is limited to three children below one year of age, or four children below two years with no more than two below one year, and a second caregiver must be present whenever any child below six years is present in addition to those infant/toddler maximums (N.J.A.C. 3A:54-6.1; N.J.A.C. 3A:54-6.2).
Home capacity: A "family child care home" is licensed for no more than six children with at least one educator present at all times, but requires at least two educators whenever more than two children under age two are present; a "group child care home" serves seven to twelve children and requires a second educator when more than six children are present or more than two children under age two are present (8.16.2.7 and 8.16.2.33 NMAC).
Home capacity: A New York family day care home may care for a maximum of six children younger than school age, or eight children when at least two of the eight are school-aged, and must have at least one caregiver present for every two children under age two (18 NYCRR 417.8(j)); a group family day care home may care for 7 to 12 children, or up to 16 children when up to 4 additional school-age children attend only when school is not in session and an assistant is present (18 NYCRR 413.2; 416.8).
Home capacity: A North Carolina family child care home may be licensed for one of three capacity options, counting the operator's own preschool-age children and excluding the operator's own school-age children up to 13 years of age: a maximum of 8 children, with no more than 5 from birth to 5 years of age, plus 3 school-age children; or a total of 9 children (3 from birth to 24 months, plus 3 from 2 to 5 years, plus 3 school-age up to 13); or a maximum of 10 children if all are older than 24 months of age (NCDHHS/DCDEE "State Budget Language About New Family Childcare Ratio" notice; N.C. Gen. Stat. 110-86(3) and 110-91, as revised by the 2023 state budget).
Home capacity: A family child care may serve no more than seven children at any one time, of which no more than three may be under twenty-four months of age, plus up to two additional school-age children; a license is triggered at four or more children twenty-four months and under, or six or seven children through age eleven. The provider's own children under age twelve count toward the total, while the provider's own children, foster children, or grandchildren over age eleven are exempt (NDCC 50-11.1-02(7), 50-11.1-03(1), and 50-11.1-02.1).
Home capacity: Ohio licenses two family-home tiers: a Type B family child care home serves one to seven children at one time with no more than three under age two, and a Type A family child care home serves eight to fourteen children (or four to fourteen if four or more are under age two); under the ratio rule, one caregiver may care for a maximum of seven children with no more than three under age two, so a Type A home requires at least two caregivers - 'one staff member: seven or fewer children, no more than three under two years of age' and 'two staff members: eight to fourteen children' (ORC 5104.01; OAC 5180:2-13-18).
Home capacity: An Oklahoma family child care home is limited to seven (7) children total: with one caregiver present, up to seven children with no more than two younger than 2, or six children with no more than three younger than 2, or five children of any age, and two caregivers are required to exceed those limits (OAC 340:110-3-84); a large family child care home is limited to twelve (12) children, where two caregivers may serve up to eight children younger than 2 or up to twelve with no more than six younger than 2, and three caregivers may serve up to twelve including up to eight younger than 2 (or all twelve when only children younger than 2 are in care) (OAC 340:110-3-97.1).
Home capacity: A Registered Family Child Care home may care for a maximum of 10 children total (this count includes the provider's own or foster children age 9 years or younger), of whom no more than 6 may be preschool age or younger and only 2 of those may be under 24 months of age; no child younger than 6 weeks of age, other than the provider's own child, may be in care (OAR 414-210-0400(1)-(2),(4)). Oregon's Registered Family Child Care rules do not authorize a higher capacity for adding an assistant.
Home capacity: A Pennsylvania Family Child Care Home may care for a maximum of six unrelated children at one time (55 Pa. Code § 3290.3, which applies to care for 'four, five or six children who are not related to the operator'); of these, no more than five related and unrelated infants and toddlers combined and no more than two infants may receive care at any one time (55 Pa. Code § 3290.52). Caring for 7-12 children requires the larger Group Child Care Home certification, which caps at no more than 12 children unrelated to the operator (55 Pa. Code § 3280.51).
Home capacity: A Family Child Care Home provider working alone may care for no more than six (6) children with no more than two (2) under eighteen (18) months; with one assistant the limit rises to eight (8) children with no more than four (4) under eighteen (18) months. A Group Family Child Care Home may serve up to twelve (12) children with one assistant (max 4 under 18 months) or twelve (12) with two assistants (max 8 under 18 months) (218-RICR-70-00-2.3.4(B); 218-RICR-70-00-7.3.4(B)).
Home capacity: A South Carolina 'family childcare home' may care for no more than six children, counting the operator's own and related children living in the home (S.C. Code 63-13-20(13)); serving at least seven but not more than twelve children requires becoming a licensed 'group childcare home' (S.C. Code 63-13-20(14)) and thirteen or more a 'childcare center' (S.C. Code 63-13-20(3)). Could not verify against a South Carolina .gov source any provision raising the six-child cap by adding an assistant, or any separate infant sub-limit within the family-home cap (SC DSS Brochure 501, Jan 2024).
Home capacity: A family day care provider may care for up to 12 children in the provider's home; with only one provider present no more than 4 of the 12 children may be under age two (and no more than 3 of those 4 may be under age one), while if a family day care assistant is present no more than 8 of the 12 children may be under age two; the provider's own children under age six are included in the total capacity and ratio, per ARSD 67:42:17:23 (the same text appears at ARSD 67:42:17:21 in the Cornell LII edition; effective 7/3/2023).
Home capacity: A Tennessee family child care home may have no more than seven (7) children present at any one time (up to twelve (12) total if any number above seven are related to the primary educator); one (1) educator may supervise up to seven children when no more than four are under age 2, a second educator is required when five (5) or more children under age 2 are present, and a second educator is also required for more than seven children (Tenn. Comp. R. & Regs. 1240-04-01-.20).
Home capacity: Texas family child-care home capacity is set by permit type: a Listed Family Home cares for one to three unrelated children; a Registered Child-Care Home and a Licensed Child-Care Home each may keep no more than 12 children at one time (structured as up to six children birth through 13 plus up to six additional elementary school-age children after school), with a Licensed Child-Care Home covering operations serving seven to 12 children; per-age sub-limits flow from the child/caregiver ratios in 26 TAC Sec. 747.1601 rather than a fixed infant cap. (Tex. Hum. Res. Code Sec. 42.002(9); Texas HHS 'Child Care Home Provider Types'; 26 TAC Sec. 747.1601)
Home capacity: A Utah Licensed Family Child Care home may serve up to 8 children in care with one caregiver and 9 to 16 children with two caregivers (maximum capacity 16); when caring for children younger than two, there must be at least one caregiver for every three children younger than two, each caregiver may care for no more than two children younger than 18 months, and at least two caregivers are required if more than three children younger than two are present and more than six children are in care (Utah Admin. Code R430-90-10).
Home capacity: A Registered Family Child Care Home may care for up to 10 children during Year-Round Care (12 during the Summer Vacation option), with no more than 6 children under 24 months; a Licensed Family Child Care Home may care for up to 12 children with three staff (max 6 under 24 months), and with a single provider may care for up to 6 children, or up to 8 if all are aged 3-12 years (Vermont Family Child Care Home Licensing Regulations § 6.2.1.2 and § 6.2.2 capacity charts).
Home capacity: A Virginia family day home is defined as caring for one through 12 children under age 13 (exclusive of the provider's own and resident children); the department sets each home's maximum licensed capacity case-by-case based on adequate space and provider circumstances (8VAC20-800-40), and staffing is governed by a 16-point-per-caregiver system (birth-15 months = 4 points each, 16-23 months = 3, ages 2-4 = 2, ages 5-9 = 1, age 10+ = 0), so an additional caregiver is required once a caregiver's children exceed 16 points (Code of Virginia § 22.1-289.02; 8VAC20-800-40; 8VAC20-800-570).
Home capacity: The department issues family home child care licenses for up to 12 children birth through 12 years of age, with a maximum of six children under two years of age, and two early learning program staff are required anytime more than six children are in care and any child in care is under two years of age (WAC 110-300-0355).
Home capacity: A West Virginia family child care HOME may care for no more than six (6) children under thirteen (13) years of age at any one time, with no more than two (2) under twenty-four (24) months of age, operated by a single caregiver (substitutes only fill in temporarily) (78 CSR 19 §6.6.a). A "family child care facility" provides care for seven (7) to twelve (12) children (W. Va. Code §49-1-206) and must have two (2) staff members on duty whenever it cares for more than two children under 24 months OR more than six children at the same time (78 CSR 18 §7.1.a); informal family child care is limited to three (3) or fewer children (W. Va. Code §49-1-206).
Home capacity: A licensed family child care center may have no more than 8 children in care at any time (counting all children under 7, including the provider's own, plus any children 7 or older who are not the provider's own); the maximum one provider may care for is set by the direct-count Table DCF 250.055 keyed to the number of children under age 2, and if the group size or age distribution exceeds what one provider may serve a second qualified provider is required, with the 8-child capacity never subject to exception (Wis. Admin. Code DCF 250.055(2)(a)-(c) and Table DCF 250.055).
Home capacity: A Wyoming Family Child Care Home is located in the owner's primary residence and may be licensed for up to 10 children (WY Child Care Licensing Rules, Chapter 11, Section 2(a)(i), effective April 2026). Children of the home owner/director under five (5) years old are counted in capacity and ratios; the owner's own children 5+ are generally not counted (Sec.2(a)(vi)). Infant staff:child ratios are 1:4 (one staff), 2:8 (two staff), and 3:10 (three staff), giving a maximum infant group size of 10 (Sec.2(b) ratio table). NOTE: the draft's infant 'maximum group size of 8' reflects the superseded 2014 Table 6-1; the current table permits up to 10 infants with three staff. The 10-child FCCH cap itself is confirmed unchanged.