Maine Childcare Licensing
Maine Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in Maine, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. 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 of 'Child Care Facility' = '3 or more children') still reflect the pre-2025 threshold and are superseded by the amended statute.
Licensing Agency
Maine Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS), Children's Licensing and Investigation Unit →Last updated: April 2026
Researched by the TotReady Research TeamMaine License Exemption Threshold: The Specifics
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
22 M.R.S. §8301-A(1-A)(C), as amended by P.L. 2025, c. 135, §1, effective September 24, 2025
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)).
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)).
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'
148 CMR Ch.
Ch. 32 def. of 'Child Care Facility' = '3 or more children') still reflect the pre-2025 threshold and are superseded by the amended statute.
22 M.R.S. §8301-A(1-A)(C), as amended by P.L. 2025, c. 135, §1, effective September 24, 2025
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)
or 8 children ages 2-5, or 12 children over age 5
2 providers may care for 8 children under 2
10-148 CMR Ch. 33 §7.C, Staff-Child ratios table
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).
10-148 CMR Ch. 33 §7.C, Staff-Child ratios table
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Maine License Exemption Threshold: Frequently Asked Questions
How many children can I care for in Maine without a license?
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.
What is the penalty for operating unlicensed in Maine?
Operating above the Maine exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Maine Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS), Children's Licensing and Investigation Unit about the correct credential before you begin.
Does Maine offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether Maine offers a voluntary registry with the Maine Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS), Children's Licensing and Investigation Unit.
Maine childcare licensing rules are amended regularly. This page is compiled from published Maine administrative codes and statutes for informational purposes only — always verify current requirements with the Maine Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS), Children's Licensing and Investigation Unit before relying on them. TotReady provides information and document templates, not legal or regulatory advice.