Tennessee Childcare Licensing
Tennessee Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in Tennessee, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. 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).
Last updated: April 2026
Researched by the TotReady Research TeamTennessee License Exemption Threshold: The Specifics
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
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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 or license-exempt status)
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)
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).
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Tennessee License Exemption Threshold: Frequently Asked Questions
How many children can I care for in Tennessee without a license?
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).
What is the penalty for operating unlicensed in Tennessee?
Operating above the Tennessee exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Tennessee Department of Human Services (TDHS), Child Care Services about the correct credential before you begin.
Does Tennessee offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether Tennessee offers a voluntary registry with the Tennessee Department of Human Services (TDHS), Child Care Services.
Tennessee childcare licensing rules are amended regularly. This page is compiled from published Tennessee administrative codes and statutes for informational purposes only — always verify current requirements with the Tennessee Department of Human Services (TDHS), Child Care Services before relying on them. TotReady provides information and document templates, not legal or regulatory advice.