Mississippi Childcare Licensing

Mississippi Childcare License Exemption Threshold (2026)

Before you can legally care for children for pay in Mississippi, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. 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)).

Licensing Agency

Mississippi State Department of Health (MSDH), Child Care Facilities Licensure Branch (Bureau of Child Care Facilities) →

Last updated: April 2026

Researched by the TotReady Research Team

Mississippi License Exemption Threshold: The Specifics

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

MSDH Regulations Governing Licensure of Child Care Facilities, Subpart 55, Chapter 1, Rule 1.1.4 Definitions

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

MSDH Regulations Governing Licensure of Child Care Facilities for 12 or Fewer Children in the Operator's Home, Rule 2.8.2 Ratio

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

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

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Mississippi License Exemption Threshold: Frequently Asked Questions

How many children can I care for in Mississippi without a license?

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)).

What is the penalty for operating unlicensed in Mississippi?

Operating above the Mississippi exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Mississippi State Department of Health (MSDH), Child Care Facilities Licensure Branch (Bureau of Child Care Facilities) about the correct credential before you begin.

Does Mississippi offer a voluntary registration for small providers?

Some states let providers below the exemption threshold register voluntarily. Confirm whether Mississippi offers a voluntary registry with the Mississippi State Department of Health (MSDH), Child Care Facilities Licensure Branch (Bureau of Child Care Facilities).

Mississippi childcare licensing rules are amended regularly. This page is compiled from published Mississippi administrative codes and statutes for informational purposes only — always verify current requirements with the Mississippi State Department of Health (MSDH), Child Care Facilities Licensure Branch (Bureau of Child Care Facilities) before relying on them. TotReady provides information and document templates, not legal or regulatory advice.