License exemption: A license is required as soon as a facility "receives or arranges for care or placement of one or more children, unrelated to the operator," so Alabama has no count-based "babysitting" cushion; a day care home license covers not more than six (6) children for daytime care, and a group day care home license is needed for at least seven but no more than twelve children (Ala. Code 1975 sec. 38-7-2(5),(7),(9); sec. 38-7-3). Statutorily exempt are care of children related to the operator (RELATED defined at sec. 38-7-2(13)) and preschool programs that are an integral part of a local church ministry or religious nonprofit elementary school that file a notice of intent (Ala. Code 1975 sec. 38-7-3), plus daytime programs for children younger than lawful school age operating four hours a day or less (Ala. Code 1975 sec. 38-7-2(4)b.,c.).
License exemption: A person may care for up to four (4) children who are not relatives of the caregiver, outside the child's own home, without a child care license; caring for more than a total of 4 children unrelated to the caregiver (outside the child's own home) that does not otherwise meet an exempt status requires licensure (7 AAC 57.015(a)(7); State of Alaska Child Care Licensing brochure: "Anyone providing care to more than a total of 4 children unrelated to the caregiver, outside of the child's own home that does not meet exempt status").
License exemption: A license is required only at five or more unrelated children: Arizona defines a "child care facility" as a facility in which child care is regularly provided for compensation for five or more children not related to the proprietor, so caring for four or fewer unrelated children falls below the licensing threshold (A.R.S. § 36-881). A "child care group home" (certified by ADHS) is a residential home caring for not less than five but no more than ten children through age 12 (A.R.S. § 36-897.01). Caring for four or fewer unrelated children is unlicensed by falling under the statutory definition, not via the enumerated exemptions in A.R.S. § 36-884 (which cover only parental/relative, religious, school, instructional, and recreational programs).
License exemption: In Arkansas a person may care for fewer than six (6) children from more than one (1) family at the same time without a child care license; once six (6) or more children from more than one family are in care, a license is required, and a maximum of sixteen (16) children may be cared for under a Child Care Family Home license (Ark. Code Ann. § 20-78-202(2)(D)(v); DCCECE Minimum Licensing Requirements for Child Care Family Homes, Section 102.4). A day care family home not required to be licensed (fewer than six children) may voluntarily register on the Division's voluntary registry (Ark. Code Ann. § 20-78-221).
License exemption: A license is not required for a family childcare home providing care for the children of only one family in addition to the operator's own children, and a parent cooperative is exempt only if parents rotate as the responsible caregiver, each caregiver is a relative (parent, guardian, stepparent, grandparent, aunt, uncle, or adult sibling) of at least one child, no money or in-kind income is exchanged for care, and no more than 12 children are receiving care in the same place at the same time (Cal. Health & Safety Code § 1596.792).
License exemption: A child care license is required for any facility caring for five (5) or more children who are not related to the operator, with or without compensation (Colorado Dept. of Early Childhood, 8 CCR 1402-1, Section 2.202 SCOPE AND PURPOSE: rules apply to facilities "caring for five (5) or more children with or without compensation"; CRS 26.5-5-303 family child care home definition). [Could not verify against Colorado .gov source the specific corollary that a person may care for up to four (4) unrelated children with no more than two (2) under two (2) years of age without a license; the cdec.colorado.gov legal-exemption page was not retrievable.]
License exemption: A Connecticut license is required to provide child care to even one unrelated child on a regularly recurring basis; a private home caring for not more than six children (including the provider's own children not in school full time) is a "family child care home" that must be licensed. The only relevant no-license exemptions are informal arrangements among neighbors and formal or informal arrangements among relatives in their own homes within limited degrees of kinship by blood, marriage or court order (grandparent, great-grandparent, sibling, aunt or uncle), per Conn. Gen. Stat. 19a-77(a)(3) and the exemption at 19a-77(b)(4).
License exemption: Delaware sets no "small number" license-free tier: any paid care of unrelated children in a private home is regulated family child care requiring a license, while care provided only to one's own children, grandchildren, nieces, nephews, and stepchildren is exempt; a facility serving 13 or more children is an "early care and education and school-age center" requiring a center license (DELACARE Regs for Family and Large Family Child Care Homes, Sec. 3.A and 3.B; DELACARE Regs for Early Care and Education and School-Age Centers, Sec. 4.A; 31 Del. C. ss341-345; 14 Del. C. ss3001A-3005A).
License exemption: A child care facility license is required once a person provides child care for more than five children unrelated to the operator for payment; caring for five or fewer unrelated children is exempt from child care facility licensure (Fla. Stat. 402.302(2)).
License exemption: A person may care for no more than two unrelated children under 13 in a private residence without a license; caring for at least three but not more than six unrelated children under 13 requires a Family Child Care Learning Home license, and caring for more than six children requires a Child Care Learning Center license (Ga. Comp. R. & Regs. R. 290-2-3-.03(k) and 290-2-3-.04(1)(c)-(d)).
License exemption: In Hawaii, child care is exempt from licensing/registration when a person cares for two or fewer children unrelated to the caregiver by blood, marriage, or adoption, OR provides care for a child less than six hours a week; a 'family child care home' (care for three to no more than six unrelated children) must obtain a certificate of registration, and a 'group child care home' (seven to twelve children) or group child care center must be licensed (HRS §§ 346-152(a)(2),(a)(11); 346-151; 346-171).
License exemption: In Idaho a "family daycare home" providing daycare for six (6) or fewer children ("child" = person under thirteen (13)) is exempt from the basic daycare license; any person providing daycare for four (4) or more children in a family daycare home is not required to be licensed but must complete a criminal history/background check, and a license-required "daycare facility" begins at seven (7) or more children not related to the provider, with a "group daycare facility" defined as seven (7) to twelve (12) children (Idaho Code 39-1102(2),(5),(8),(9) and 39-1114(1)).
License exemption: Family homes that care for no more than 3 children under age 12, or that receive only children from a single household, for less than 24 hours per day, are exempt from licensure as day care homes; the 3 children include the operator's own natural or adopted children and any other persons under 12, whether related or unrelated to the operator (89 Ill. Adm. Code 377; 225 ILCS 10/2.09(a)(ii)).
License exemption: A child care home in Indiana does NOT require a license if the provider: (1) does not receive regular compensation; (2) cares only for children related to the provider; (3) cares for fewer than six (6) children, not counting any child for whom the provider is a parent, stepparent, guardian, custodian, or other relative (so up to 5 unrelated children is license-exempt); or (4) operates to serve migrant children (470 IAC 3-1.1-26). By definition a regulated "child care home" is a residential structure where at least six (6) children, excluding the provider's own/related children, receive care for compensation more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year (470 IAC 3-1.1-7; IC 12-7-2-28.6).
License exemption: In Iowa a "child care home" may operate WITHOUT registration or a license while caring for five or fewer children at any one time, or six or fewer children if at least one is school-aged; at seven or more children at any one time the provider must register as a child development home (Iowa Admin. Code r. 441-120.1 and 441-110.1, defining "child care home" and "child development home" under Iowa Code section 237A.3).
License exemption: Kansas sets no numeric "unrelated children" exemption: a license is required to conduct or maintain a child care facility caring for one or more children under 16 years of age, unattended by parent or guardian (K.S.A. 65-501; K.S.A. 65-503(c)(1)), and the only relatives excluded from the "child care facility" definition are children "related to the person by blood, marriage or legal adoption" (K.S.A. 65-503(c)(1)), so caring for even one unrelated child outside the relative exemption triggers licensing; the sole statutory exemptions in K.S.A. 65-501 are (a) a residential facility or hospital operated and maintained by a state agency and (b) an accredited summer instructional camp operated by a Kansas educational institution for not more than five weeks for children all 10 years of age and older (K.S.A. 65-501(a)-(b)).
License exemption: In Kentucky, a family child-care provider must apply for certification of the provider's home when caring for four (4) to six (6) children unrelated to the provider; a provider caring for three (3) or fewer unrelated children may apply for certification at the provider's discretion (i.e., is not required to be certified). A facility serving four (4) or more unrelated children in a nonresidential setting is a 'child-care center' requiring licensure (KRS 199.8982(1)(a); KRS 199.894(3),(5)).
License exemption: A Louisiana license (as an "early learning center") is required only when a provider cares for seven or more children unrelated to the caregiver, unaccompanied by a parent or legal custodian, on a regular basis for at least 12 1/2 hours in a continuous 7-day week; care of six or fewer unrelated children in the provider's private home is "family child care" that is registered/certified rather than licensed (La. Admin. Code tit. 28, Pt. CLXI, §103, per R.S. 17:407.33).
License exemption: Under current Maine statute (22 M.R.S. §8301-A(1-A)(C), as amended by P.L. 2025, c. 135, §1, effective September 24, 2025), a person caring for children in their own home is not required to be licensed as a family child care provider if caring for no more than 3 other children (or 4 other children if at least 2 of the children are siblings), with no more than 3 of the total children in care under age 2; a family child care provider license is required when caring for 4 to 12 children under 13 (22 M.R.S. §8301-A(1-A)(C)). A 'child care center' means a program for 13 or more children, and a 'small child care facility' means a non-residence program for 3 to 12 children (22 M.R.S. §8301-A(1-A)). NOTE: The 2021 rule texts (10-148 CMR Ch. 33 Def. 29 'License-Exempt' = 'maximum of two children'; Ch. 32 def. of 'Child Care Facility' = '3 or more children') still reflect the pre-2025 threshold and are superseded by the amended statute.
License exemption: In Maryland, any program that cares for one or more unrelated children younger than 13 for less than 24 hours a day on a regular basis, in a residence other than the child's residence and for pay, must obtain a child care center license or a family child care home registration, so there is no multi-child "free" threshold; the only license-exempt arrangements are informal babysitting by a relative, friend, or neighbor for less than 20 hours per month and relative/informal care, per Family Law Article §§5-501 and 5-550 et seq., Annotated Code of Maryland (implemented at COMAR 13A.15 and 13A.16).
License exemption: Massachusetts sets no "watch up to N unrelated children without a license" allowance; "Family Child Care" is defined as care in a private residence for no more than ten children younger than 14 years old (or younger than 16 with special needs), and any such regular care requires an EEC license, with the definition excluding only an informal cooperative arrangement among neighbors or relatives and the occasional care of children with or without compensation (606 CMR 7.02, definition of Family Child Care).
License exemption: In Michigan a license is required to operate a family child care home, defined as a private home in which 1 but fewer than 7 minor children (excluding children related to an adult household member) are received for care and supervision for compensation for periods of less than 24 hours a day; an individual providing babysitting services is excluded (license-exempt) only if annual compensation for those services is less than $600.00 (the amount that would obligate the parent/guardian to provide a Form 1099), and care given to an unrelated minor for more than 4 weeks in a calendar year is covered (MCL 722.111 definitions of 'family child care home' and the babysitting exclusion).
License exemption: Minnesota sets no "up to N unrelated children" license-free allowance for ongoing family child care; instead, child care is excluded from licensure only when it is provided by a relative, provided by one unrelated individual to persons from a single related family, or provided for a cumulative total of less than 30 days in any 12-month period (Minn. Stat. 142B.05, subd. 2(a), clauses (1), (2), and (10); these exclusions moved from Minn. Stat. 245A.03, subd. 2 to chapter 142B effective June 18, 2025). A license is otherwise required to provide family day care, defined as care for no more than 10 children at one time of which no more than 6 are under school age (Minn. R. 9502.0315, subp. 9).
License exemption: In Mississippi a license is required once a place provides shelter and personal care for "six or more children who are not related within the third degree computed according to the civil law to the operator and who are under 13 years of age," so caring for five or fewer unrelated children is license-exempt (MSDH Regulations Governing Licensure of Child Care Facilities, Subpart 55, Chapter 1, Rule 1.1.4 Definitions; Miss. Code Ann. § 43-20-5(a)).
License exemption: A person caring for six (6) or fewer children, including a maximum of three (3) children under the age of two, at the same physical address does not require a child care license; children who live in the caregiver's home and are eligible for enrollment in a public kindergarten, elementary, or high school are not counted in that total (RSMo 210.211.1).
License exemption: Under 2023 House Bill 556, a person may care for up to six children in a private residence without a license or registration, unless the person participates in the Best Beginnings Child Care Scholarship or another public subsidy program (HB 556, 2023; confirmed by Montana Free Press, June 14, 2023, and Whitefish Pilot, June 21, 2023). Separately, the statutory definition still requires a "family day-care home" (registration) for care of three to eight unrelated children on a regular basis (52-2-703, MCA), a "group day-care home" for 9 to 15 children, and a licensed "day-care center" for 16 or more; care limited to children related to the provider by blood, marriage, or legal guardianship is exempt unless registration or licensure is required to receive state payments (52-2-703 and 52-2-713, MCA). Note: HB 556 created a licensing/registration exemption rather than changing the three-to-eight child count in the 52-2-703 family day-care home definition itself.
License exemption: In Nebraska a person may operate child care for three or fewer children without a license; a license is required to operate a program for four or more children (from families other than the provider's own) under the provider's direct supervision, care, and control at any one time (Neb. Rev. Stat. 71-1911(1)-(2)).
License exemption: A license is required once a person furnishes care for compensation to 5 or more children under 18 years of age (NRS 432A.024); care for not more than 4 unrelated children (those not related to the operator within the fourth degree of consanguinity or affinity) is a registrable "small child care establishment," not a licensed child care facility (NRS 432A.0295); and a home caring only for children related to the operator within the third degree of consanguinity or affinity, or providing care for a friend's or neighbor's children for not more than 4 weeks where the person does not regularly do so, is fully exempt from the child care facility definition (NRS 432A.024).
License exemption: A private home may care for any number of the provider's own children (biological or adopted) plus up to 4 additional children, regularly for any part of the day but less than 24 hours, without a child care license (RSA 170-E:3, I(c)); once 5 or more unrelated children are in care the home must be licensed as a family day care home (a 'family day care home' provides care for up to 6 children from one or more unrelated families per RSA 170-E:2), which the He-C 4002 rules term family child care.
License exemption: A "child care center" requiring licensure is any home or facility maintained for the care, development, or supervision of six or more children under 13 years of age who attend for less than 24 hours a day; a program serving fewer than six children under 13 is not a child care center and is exempt from center licensure, while paid care of up to five children in a private residence falls under separate Family Child Care Registration (N.J.A.C. 3A:52-1.2; N.J.A.C. 3A:54-1.2).
License exemption: An individual who in their own home provides care, services, and supervision to four or fewer nonresident children is exempt from licensing; caring for five or more triggers licensing. A "family child care home" is licensed for no more than six children, and a "group child care home" provides care for at least seven but not more than twelve children (8.16.2.9.H and 8.16.2.7 NMAC).
License exemption: In New York, care for fewer than three children is not a regulated family day care home; a "family day care home" registration is required when child day care is provided to three to six children for more than three hours per day per child, and a "child day care center" license is required when care is provided on a regular basis to more than six children for more than three hours per day per child (18 NYCRR 413.2).
License exemption: In North Carolina, caring for one or two children does not require a license; regulation is triggered only when three or more children under 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four hours but less than 24 hours per day from persons other than their guardians or relatives (N.C. Gen. Stat. 110-86(2); exempt arrangements include public schools, recreational programs operated for less than four consecutive months in a year, and cooperative arrangements among parents to care for their own children).
License exemption: A family child care license is required once early childhood services are provided for four or more children ages twenty-four months and under, or six or seven children through age eleven (including no more than three under twenty-four months) at any one time; below that threshold a person may operate without a license, including under a voluntary "self-declaration" for up to five children through age eleven of which no more than three may be under twenty-four months of age (NDCC 50-11.1-03(1) and 50-11.1-02(27)).
License exemption: Ohio law does not state an explicit number-of-children threshold below which residential child care is license-exempt; instead it defines regulated categories and requires a license for any of them. Under the current ORC 5104.01, a Type B family child care home is a permanent residence providing care for one to seven children at one time (no more than three under age two), a child care center is any non-residence providing care for seven or more children at one time, and a Type A family child care home is a residence serving eight to fourteen children (or four to fourteen if four or more are under age two); ORC 5104.02(A) prohibits operating a child care center or Type A home without a license issued under section 5104.03 (ORC 5104.01; ORC 5104.02). Express statutory licensing exemptions in ORC 5104.02 include short-term programs running two consecutive weeks or less (not more than six weeks per calendar year) and care provided in a place of worship during religious activities while a parent/guardian is on-site and readily available.
License exemption: A license is required once a provider regularly provides non-exempt care of unrelated children; the Oklahoma Child Care Facilities Licensing Act (10 O.S. § 403) exempts care provided in a child's own home or by relatives and "informal arrangements which parents make with friends or neighbors for the occasional care of their children," and exempts any facility that provides care for fifteen (15) or fewer hours per week, operates less than ten (10) weeks annually, or operates in the summer for less than eight (8) hours per day, so licensure is triggered when regular non-exempt care begins; a "family child care home" means a family home providing care for seven (7) or fewer children for part of the 24-hour day (10 O.S. § 402).
License exemption: In Oregon a person may care for no more than three children, in addition to any children who reside with the caregiver, without a child care certification or registration; care for children from only one family, by a relative within the fourth degree by blood or marriage, or on an occasional basis is also excluded from the definition of regulated 'child care' (ORS 329A.250(4)(b)(C),(E),(F),(H); see also the license-exempt list in OAR 414-075-0250).
License exemption: Pennsylvania requires a Certificate of Compliance once out-of-home care is provided to four or more unrelated children 15 or younger, so up to three unrelated children may be cared for without certification; 4-6 unrelated children is a certified Family Child Care Home (55 Pa. Code § 3290.3, which applies to facilities caring for 'four, five or six children who are not related to the operator and who are 15 years of age or younger'), and 7 or more triggers the Group Child Care Home or Child Care Center chapters (55 Pa. Code § 3280.51 caps a Group Child Care Home at 12 unrelated children; 55 Pa. Code § 3270.3 applies to facilities serving 'seven or more children, 15 years of age or younger'). Exemptions include care provided by relatives, care provided during the hours of instruction in nonpublic schools and in private nursery schools and kindergartens, care furnished in places of worship during religious services, and care in a facility where the parent is present at all times (55 Pa. Code § 3270.3).
License exemption: A license is required once a home cares for four (4) or more children who are not relatives of the caregiver at the same time, so a person caring for three (3) or fewer unrelated children is license-exempt (R.I. Gen. Laws § 42-12.5-2(9), defining "family daycare home").
License exemption: In South Carolina, childcare is regulated when it is provided on a regular basis (more than two days a week, per S.C. Code 63-13-20(24)) for periods of more than four hours but less than 24 hours a day (S.C. Code 63-13-20(2)); care provided only for children related to the caregiver, or only for the children of one unrelated family, is exempt and is not a 'family childcare home' (S.C. Code 63-13-20(13)). A residence caring for no more than six children (including the operator's own and related children) for the children of more than one unrelated family is a 'family childcare home' that must register with the Department of Social Services (S.C. Code 63-13-20(13) & 63-13-810; SC DSS Child Care Licensing Requirements Brochure 501, Jan 2024).
License exemption: A provider caring for 12 or fewer children who does not receive compensation from public funds may choose whether or not to register, so registration is exempt up to 12 children at any one time (a count that includes the provider's own children under age six living in the home); registration becomes legally mandated once the provider receives compensation from public funds, per SD DSS "Registered Family Day Care" and SDCL 26-6-14.1 / 26-6-14.2 (Ch. 26-6).
License exemption: In Tennessee a child care license is required only when care is provided for three (3) or more hours per day to five (5) or more children who are not related to the primary educator, so a person may care for up to four (4) unrelated children, or for fewer than three hours per day, without a state child care license (Tenn. Comp. R. & Regs. 1240-04-01-.02; confirmed on the official TN DHS "How to Become a Licensed Child Care Provider" page, which states it is illegal to provide care to "five (5) or more unrelated children for three (3) or more hours per day" without a license or license-exempt status).
License exemption: A living arrangement in a caretaker's home is exempt from licensing only if the caretaker has a written authorization agreement under Family Code Chapter 34, cares for not more than six children (excluding the caretaker's own relatives), and receives no compensation for the care; the regulated 'family home' category covers not more than six unrelated children under 14 plus up to six additional school-age children, total not exceeding 12. (Tex. Hum. Res. Code Sec. 42.041(b)(25); Sec. 42.002(9))
License exemption: In Utah, residential (in-home) child care for eight or fewer qualifying children is exempt from licensing (and may instead seek a Residential Child Care Certificate), while a Licensed Family Child Care license is required once a person provides residential child care for nine or more unrelated children; center-based child care requires a license at five or more children; care for less than four hours a day or on a sporadic basis is also exempt, and an unlicensed/uncertified in-home provider may never exceed 10 children total or more than two children under three years old (Utah Code 26B-2-403, 26B-2-404, 26B-2-405; Utah Admin. Code R430-90-3).
License exemption: A person providing care for children of not more than two families other than that of the person providing the care is exempt from Vermont child care licensing and registration requirements (33 V.S.A. § 3502(a) and (b)(1)).
License exemption: A Virginia family day home may care for up to four children (exclusive of the provider's own and resident children) without a license, but family day homes serving five through 12 children shall be licensed, and no family day home shall care for more than four children under the age of two — including the provider's own and resident children — unless it is licensed or voluntarily registered (Code of Virginia § 22.1-289.02 [family day home definition]; licensure thresholds in Code of Virginia Title 22.1, Chapter 14.1, Article 3).
License exemption: A child care license is required when a person regularly provides early learning services in their home for one or more children; under RCW 43.216.010 a "family day care provider" ("family home provider") means a child care provider who regularly provides early childhood education and early learning services for not more than 12 children at any given time in the provider's home family living quarters, and must be licensed (RCW 43.216.010).
License exemption: In West Virginia, an "informal family child care home" caring for three (3) or fewer children, and "relative family child care" (care only for children related to the caregiver), are exempt from mandatory licensing and registration—though they may voluntarily register; mandatory registration begins at the family child care home level (four to six children), every such home being required to obtain a certificate of registration (W. Va. Code §49-1-206 [definitions: informal = three or fewer; family child care home = four to six]; §49-2-113(d) requires registration of every family day-care home, §49-2-113(e) lists exemptions including related-family care, and §49-2-113(g) provides that any informal or relative family child-care home "may voluntarily register and obtain a certificate of registration").
License exemption: In Wisconsin no person may, for compensation, provide care and supervision for 4 or more children under age 7 for less than 24 hours a day without a child care center license, so a provider may care for up to 3 such children without a license; voluntary certification under DCF 202 is available for those who provide child care for 1 to 3 children under age 7 unrelated to the provider (Wis. Stat. s. 48.65(1); Wis. Admin. Code DCF 250.03(9); DCF ch. 202).
License exemption: A Wyoming child care license is required when caring for more than two children who are not related to the caregiver; care for no more than two unrelated children is exempt, as are care by legal parents/relatives, occasional (non-regular) neighbor or friend care, parent cooperatives, in-home care by a hired employee, state/local government and school-district programs, certain ranch/farm care, nonprofit summer camps, facilities serving only one immediate family unit, and qualifying after-school programs (Wyoming Dept. of Family Services, 'Who Needs to be Licensed'; W.S. 14-4-101 et seq.).