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Daycare Center and Family Home Forum>How Many Kids Are You Legally Allowed To Have?
Sunny Day 01:12 PM 01-28-2011
Just out of curiosity, for those of you who are unlicensed does your state/province have a limit to the number of children you can have in your care at one time and where do you live? I see that some of you have anywhere from 8-12 kids at one time! I don't know how you would ever do it! I live in Ontario and under the Daycare Nurseries Act, I'm allowed to have 5 under the age of 10 plus my own.
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Michael 01:14 PM 01-28-2011
Ontario Canada or Ontario California? Funny - Ontario, CA or Ontario, CA? BTW, I am surprised by how many members we have here from Canada. I am starting to think Daycare.com should expand there.
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Sunny Day 01:15 PM 01-28-2011
lol, Ontario, Canada--sorry!
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Little People 01:21 PM 01-28-2011
I am in TN and Not Licensed, but I can have 4 unrelated and 4 related children. I called my district Licensing office to make sure I was legal. But right now I have 3 full time DCG's and in 3 weeks I will have 2 related children.
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QualiTcare 03:30 PM 01-28-2011
Originally Posted by Little People:
I am in TN and Not Licensed, but I can have 4 unrelated and 4 related children. I called my district Licensing office to make sure I was legal. But right now I have 3 full time DCG's and in 3 weeks I will have 2 related children.
i really want to see this in writing. anyone know where the regs are that state this in tennessee?
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mickey2 05:21 PM 01-28-2011
I live in Ontario Canada as well. In the Province of Ontario, home child care providers may provide care for up to 5 children under 10 years of age who are not of common parentage (children who have different parents), in addition to his/her own children at any given time in his/her own home.

I have 5 full time children, as well as my 14 month old grandson and my own 7 year old son.

I truly find that the larger my group size, the easier it is to care for the children.
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cillybean83 05:30 PM 01-28-2011
Originally Posted by QualiTcare:
i really want to see this in writing. anyone know where the regs are that state this in tennessee?
http://www.tn.gov/humanserv/adfam/ch...ng-offices.pdf

and this is the number/address of who I spoke with

Madison County Office: Jackson
225 Martin Luther King Drive
Jackson, TN 38301-6920
Phone: 731.423.5850 Extension: 201
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Little People 05:24 AM 01-29-2011
Originally Posted by QualiTcare:
i really want to see this in writing. anyone know where the regs are that state this in tennessee?
I sent Tom Copeland a PM and told him that I had called my district and that they said that I could have 4 unrelated and 4 related and that I would like to make sure I was running my home daycare legal. I ask Tom if he would call and confirm this. Tom DID call and they told him this same thing!! I will send you another PM on this.
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Unregistered 08:47 AM 12-04-2019
Originally Posted by QualiTcare:
i really want to see this in writing. anyone know where the regs are that state this in tennessee?
I live in in TN and yes u can have up to 5 unrelated plus your own 🤪🤪🤪🤪🤪
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Unregistered 05:37 AM 07-25-2012
Originally Posted by Little People:
I am in TN and Not Licensed, but I can have 4 unrelated and 4 related children. I called my district Licensing office to make sure I was legal. But right now I have 3 full time DCG's and in 3 weeks I will have 2 related children.
do you know if related would be considered any relative or just your own children because i am wanting to get started in the new area i live in and i have my own son and a neice and nephew i would be watching
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kendallina 01:21 PM 01-28-2011
In Ohio we can have up to 6 children (including our own) without a license and that's what I do. I don't know how many we're allowed to have with a license.
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DBug 01:22 PM 01-28-2011
I vote for expanding in Canada! CanadaDaycare.com perhaps?

I'm in Ontario and unlicensed too, so 5 is my limit. I have had many parents subtly question that though, when I tell them I don't have any more spots available. I kind of wonder if that means if there are other unlicensed providers don't know/pay attention to the legal limit?

Regardless, I prefer littles, so 5 is a good limit for me .
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Symphony 01:24 PM 01-28-2011
I am licensed, but where I live if you aren't you are allowed to watch two children or one family. So that one family can have 10 children and you are ok. You may not have more than two children though if they are from more than one family. They are super strict about it too. For example, say you have two kids that you watch every Monday, but only Monday...you can't watch any other kids Tuesday through Sunday.

The only exception to this is if you do occasional care. So you can watch as many kids as you want now and then, but as soon as they have a schedule, they count!
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countrymom 01:26 PM 01-28-2011
Originally Posted by Sunny Day:
Just out of curiosity, for those of you who are unlicensed does your state/province have a limit to the number of children you can have in your care at one time and where do you live? I see that some of you have anywhere from 8-12 kids at one time! I don't know how you would ever do it! I live in Ontario and under the Daycare Nurseries Act, I'm allowed to have 5 under the age of 10 plus my own.
your wrong, its 5 children NOT including yours. Now if you went to weewatch then its 5 children plus your own. Acually its not that hard with many children, I have 4 of my own plus 5 that I watch (mine range from 6-12) so its a house full, but I like it because the day always goes quickly and the kids get along so well, then sometimes I have my neice comes or my kids have friends....
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Sunny Day 01:39 PM 01-28-2011
Originally Posted by countrymom:
your wrong, its 5 children NOT including yours. Now if you went to weewatch then its 5 children plus your own. Acually its not that hard with many children, I have 4 of my own plus 5 that I watch (mine range from 6-12) so its a house full, but I like it because the day always goes quickly and the kids get along so well, then sometimes I have my neice comes or my kids have friends....
I'm confused....isn't that the same thing? I can have 5 daycare children plus my own little girl. That is the same as not including your own kids in the count, is it not? What you said is the same as what I said, just differently...I think! I can have 5 daycare kids and then as many of my own kids as I want, I've contacted numerous agencies/licensing agencies in my area (although they have specific regulations they still know the limits for unlicensed) and have read the act.
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Luna 02:01 PM 01-28-2011
I'm also in Ontario Canada, and I'm with Wee Watch so I can have 5. My kids are all grown & on their own so they don't count. 5 is plenty for me, I don't know how anyone does it with more than that!
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daysofelijah 01:28 PM 01-28-2011
Only one family, that family could have 12 kids, but as long as they are all siblings, I guess it's legal, lol.

I'm licensed so I can have up to 10 including my own. There is also a license for 8, 12, and 14, I think depending on qualifications.
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countrymom 01:36 PM 01-28-2011
how do you ladies count your own children if all of them are in school from sept to june. what do you do in the summer. I hope it makes sense, but i always wondered. Do you get rid of kids because your kids are home for the summer. That would stink big time.
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DCMomOf3 02:03 PM 01-28-2011
Wisconsin says you can have up to 3 kids that aren't your own unlicensed.
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SilverSabre25 02:05 PM 01-28-2011
What kendallina said regarding OH. With a Type A license you can have 7-12 kids with an assistant. Not all counties license Type A homes, though (mine being one of them )--if mine did, DH might quit his job to work with me full-time.
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SandeeAR 03:07 PM 01-28-2011
Arkansas, 5 kiddos, that includes your own. Limit 3 under 2.
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Unregistered 07:54 AM 12-20-2011
Originally Posted by DCMomOf3:
Wisconsin says you can have up to 3 kids that aren't your own unlicensed.
Is it per person? Its me and my boyfriend so could we have six kids? or is it per house hold?
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mismatchedsocks 11:29 AM 12-20-2011
household can have 3 that arent your own unlicensed. not per person.
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TootsieBear 07:07 AM 12-21-2011
Licensed in Wisconsin can have up to 8 (including your own if they are under 7), depending on the ages of the children. The more infants, the less others. I so wish they would give us a larger license on the condition that a certain number of those were school aged. I live across from an elementary school.
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frgsonmysox 07:20 AM 12-22-2011
Originally Posted by juliebug:
unlicensed 3 children not including yours

licensed 10 children including yours under 9yrs

this is for Nebraska
The new laws say for licensed you can only have 8 kids, including your own, plus 2 school age children.

Since I already have 5 of my own kids it doesn't make much sense to hurry up and get licensed. I will only take 3 kids on either way. Still plan to become licensed eventually, but there is no rush.
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AmyKidsCo 07:23 PM 05-28-2013
Originally Posted by Unregistered:
Is it per person? Its me and my boyfriend so could we have six kids? or is it per house hold?
You can never have more than 8, no matter how many providers there are. But with 2 qualified providers you could have up to 8 under-twos; otherwise you can only have 4 under-twos. Or a variety of under-twos and over-twos - it's complicated.

Your own children only count until they're 7. (My youngest turns 7 in September - hooray!)
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Sunchimes 04:34 AM 05-29-2013
I'm a listed home in Texas. I can have 3 kids unrelated to me. But, I can have up to 12 if 9 of them are related to me.

From the DFPS site:
The total number of children in a listed family home, including those related to the provider, may not exceed 12 at any given time. Children who are related to the provider are her children, grandchildren, great-grandchildren, first cousins, siblings, nieces, and nephews.

So, I'm only capable of taking care of 3 if they aren't kin, but throw in family members and I'm suddenly capable of taking care of 12. Makes no sense.
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CedarCreek 05:27 AM 05-29-2013
Originally Posted by Sunchimes:
I'm a listed home in Texas. I can have 3 kids unrelated to me. But, I can have up to 12 if 9 of them are related to me.

From the DFPS site:
The total number of children in a listed family home, including those related to the provider, may not exceed 12 at any given time. Children who are related to the provider are her children, grandchildren, great-grandchildren, first cousins, siblings, nieces, and nephews.

So, I'm only capable of taking care of 3 if they aren't kin, but throw in family members and I'm suddenly capable of taking care of 12. Makes no sense.
That's so weird! I was told that you can only have 3 including relatives. I find it odd that different reps tell you different things. They don't even know their own rules!
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melissa ann 03:27 PM 01-28-2011
In PA we can have up to 3 kids, not including my own.
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AmandasFCC 10:33 AM 01-29-2011
I am a licensed provider in BC, Canada, licensed for 7 children including my own. I'm working on obtaining my ECE diploma so I can apply for a Multi-Age In-Home Group Care license for 8 kids (including my own) and more reasonable ratios
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cillybean83 11:13 AM 01-29-2011
I feel a lot better today, thanks for asking <3 We got it all sorted out, it's going to work out fine
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Unregistered 11:59 AM 01-29-2011
I'm in Indiana. An unlicensed home is allowed 5 unrelated children, and I don't think there's a limit to related children.
A class 1 licensed home is allowed up to 12 children plus 3 school age children during the school year (and however many children they have of their own), but the ages of the children play into that number also (no more than 3 of those children can be under 16 months, and must be walking). so a total of 15 ages 0-school age.
A class 2 licensed home is allowed up to 16 children (and however many of their own children), plus up to 3 school agers during the school year. So a total of 19 ages 0-12.

A provider can have up to 10 children (plus up to 3 school agers over age 6) by themselves and still be in ratio (and however many of their own children) ages 0-6. But if the youngest child is 3 years old the ratio goes up to 12 children for one provider.

I looked at center based care and their school age ratio is 20:1! That's crazy! The other ratios are: 15:1 for 5 yr olds, 12:1 for 4 yr olds, 10:1 for 3 yr olds, 5:1 for 2 yr olds and toddlers, and 1:4 for infants. So between ages 2 and 3 the ratio doubles!

How many of you providers who only provide care for school agers think you can manage 20 of them by yourself?
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Mrs.Ky 12:35 PM 01-29-2011
Here in NC unlicensed can have 2 unrelated to you and your own do not count. Summer programs and drop in care have different guidelines.
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Unregistered 01:56 PM 05-04-2011
Originally Posted by Unregistered:
I'm in Indiana. An unlicensed home is allowed 5 unrelated children, and I don't think there's a limit to related children.
A class 1 licensed home is allowed up to 12 children plus 3 school age children during the school year (and however many children they have of their own), but the ages of the children play into that number also (no more than 3 of those children can be under 16 months, and must be walking). so a total of 15 ages 0-school age.
A class 2 licensed home is allowed up to 16 children (and however many of their own children), plus up to 3 school agers during the school year. So a total of 19 ages 0-12.

A provider can have up to 10 children (plus up to 3 school agers over age 6) by themselves and still be in ratio (and however many of their own children) ages 0-6. But if the youngest child is 3 years old the ratio goes up to 12 children for one provider.

I looked at center based care and their school age ratio is 20:1! That's crazy! The other ratios are: 15:1 for 5 yr olds, 12:1 for 4 yr olds, 10:1 for 3 yr olds, 5:1 for 2 yr olds and toddlers, and 1:4 for infants. So between ages 2 and 3 the ratio doubles!

How many of you providers who only provide care for school agers think you can manage 20 of them by yourself?

Actually in Indiana unlicensed, you're only allowed to have 5 total, that includes your own children. So if you have 5 kids of your own under the age of 7 still at home then you can't watch any other children. I'm working towards my Indiana license and have been told this multiple times. Also, your ratios that you have are off. It's 10 children total per adult and over that you need another adult. I worked at a daycare for 3 years and it was the same there.You can only have 12 or 16 total at a time. We did after school care and were told 16 total was what we could have even if they were 9 years old.
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Little People 12:56 PM 01-29-2011
Originally Posted by cillybean83:
i feel a lot better today, thanks for asking <3 we got it all sorted out, it's going to work out fine
great!!
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Unregistered 01:56 PM 01-30-2011
Is anyone from Georgia? I was wondering how many you could keep unlicensed.
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DCMomOf3 02:19 PM 01-30-2011
Originally Posted by Unregistered:
Is anyone from Georgia? I was wondering how many you could keep unlicensed.
I have been looking, and I only see that before/after school care is exempt from licensing.I haven't found a site, or gov. page that says much more than that. I hope someone from GA will have a more concrete answer.
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VanessaEO 05:23 PM 01-30-2011
I'm in Utah, the unlicensed law here is 4 unrelated children. I'm not sure if your children count or not. But you are allowed to watch any number of related children without being licensed.

Licensed is 8 per care provider, excluding your own children 4+.

I'm a licensed family group - for 16 kids because I have two full time caregivers. In the last year I have employed 3 full time assistants at one time or another but now its just myself and my husband.
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Gurdy 08:13 AM 01-31-2011
I am in Missouri we can care for up to 4 children with no license. Related children do not count towards that 4.

Licensed, you can have up to 10 children in care. If you have 10 children, only 2 can be under the age of two. If you have three kids under the age of two, you may only have a max of 6 children in care. Or you can have 4 children in care all under the age of two.

All children that are related to you do not count in your totals, regardless of age.

You have to have 35 square feet of playroom floor space for each child in care not counting any floor space that has furniture on it.
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MommyMuffin 08:20 AM 01-31-2011
I can have 10, but only 8 under schoolage. I do not take children past 6 years old though. I have 2 infants and 1 toddler, and 1 preschooler. My preschool spots have been very hard to fill.
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Little People 08:46 AM 01-31-2011
Originally Posted by Gurdy:
I am in Missouri we can care for up to 4 children with no license. Related children do not count towards that 4.

Licensed, you can have up to 10 children in care. If you have 10 children, only 2 can be under the age of two. If you have three kids under the age of two, you may only have a max of 6 children in care. Or you can have 4 children in care all under the age of two.

All children that are related to you do not count in your totals, regardless of age.

You have to have 35 square feet of playroom floor space for each child in care not counting any floor space that has furniture on it.
I was licensed in Missouri 22 years ago and those are some of the same rules I wonder if my licensing Rep Valerie is still there. she was so nice!!
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Unregistered 01:03 PM 05-02-2011
Does anyone know how many you can have in Maine unliscensed?? i can't find it ANYWHERE.
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Michael 03:36 PM 05-02-2011
You'll find it here: www.Daycare.com/maine/

Legal-Unlicensed Child Care
Kith and Kin (family and friend) caregivers, are considered "legal-unlicensed" if they care for only one or two children in their home. Care for Me is a program of the Department of Health and Human Services, Office of Child Care and Head Start, which performs background checks on legal unlicensed providers and maintains a database that is available to parents to verify the background of their Kith and Kin provider. The Care for Me network also provides information to Kith and Kin caregivers on child care health and safety issues.
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CheekyChick 01:34 PM 01-10-2012
I have 16 with assistants. I could NEVER do that by myself.
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renodeb 09:02 AM 07-25-2012
Im in Nevada and Im licensed for 6 which is plenty for me!
Deb
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MaritimeMummy 09:43 AM 07-25-2012
I'm in NS, and I am a registered, approved home day care through my government. I am NOT licensed, but I have to follow the same standards for care and everything that a licensed day care centre would follow because I still get inspected. But again, I am not licensed.

I can care for a max of 6 kids at one time, including my own. There are stipulations on that.

I can care for all school-aged kids, or

no more than 4 infants (if that is the case, all the children MUST be infants under 18 months and 4 is then my max number) or

no more than 2 of each, infants to 17 months, toddlers, 18 months to 35 months, and preschoolers 36 months and up.

this is pretty flexible though, as I may have someone come into my care who is just on the cusp of going from one age group to another. Right now I actually have 4 toddlers and 2 infants (one is my son), but by the end of this month I am losing a toddler that I am not replacing, and by the end of August my daughter goes into the preschool age group. So I will have 1 preschooler, 2 infants, and 2 toddlers.
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Loveyoustinkyface 05:11 PM 08-23-2012
Hello, I live in Florida. As I see it according to the Florida Statutes, you do not need to be licensed for a family home daycare *if* you "provide childcare on a regular basis in your residence for at least TWO unrelated families".

This is on page 7, paragraph (8) "“Family day care home” means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit."


If you want to see the FL Statutes, click here. http://ccrain.fl-dcf.org/documents/1...meddest=402.26

Am I reading this FL Statute correctly?? thanks
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Countrygal 05:09 AM 08-24-2012
I'm no expert at this - just learning myself. I"ve only been in business a year, so still get all the legal gobble-de-gook confused sometimes.

However, I read it just the opposite of you. Any family day care with 2 or more families must BE licensed. If you only care for one family, you do not have to be licensed.

For one thing, where you took this out of is the "definitions" section. So they are saying that any home with 2 or more paying families is a "family daycare home" Thus, the statutes will apply if you have more than 1 family you care for with pay.

There is another regulation - (2) “Child care facility” includes any child care center or child care
arrangement which provides child care for more than five children unrelated to the
operator and which receives a payment, fee, or grant for any of the children receiving
care, wherever operated, and whether or not operated for profit. The following are not
included:
Which appears to also limit the number of children to 5. So...... I read it to say 5 children from one family is the most you could care for. There's more under "before and after school care" that might apply, I didn't read that far.
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Loveyoustinkyface 08:54 AM 08-24-2012
Originally Posted by Countrygal:
I'm no expert at this - just learning myself. I"ve only been in business a year, so still get all the legal gobble-de-gook confused sometimes.

However, I read it just the opposite of you. Any family day care with 2 or more families must BE licensed. If you only care for one family, you do not have to be licensed.

For one thing, where you took this out of is the "definitions" section. So they are saying that any home with 2 or more paying families is a "family daycare home" Thus, the statutes will apply if you have more than 1 family you care for with pay.

There is another regulation - (2) “Child care facility” includes any child care center or child care
arrangement which provides child care for more than five children unrelated to the
operator and which receives a payment, fee, or grant for any of the children receiving
care, wherever operated, and whether or not operated for profit. The following are not
included:
Which appears to also limit the number of children to 5. So...... I read it to say 5 children from one family is the most you could care for. There's more under "before and after school care" that might apply, I didn't read that far.
Thank you CountryGal! Maybe my wording was off but yes, I agree with the way you see it too. One family (unless you are caring for two families maybe that are cousins, that's not "unrelated"?) is OK without a license in FL. Believe me, I don't want alot of children to care for, one or two is perfect for me!

I had Code Enforcements here last week and they didn't know anything about that statute's childcare defintion I referred to)! The code enforcement man said that if you are doing ANY childcare in your home you need to have a license and a occupational license. I am only babysitting one child! He's going to report the statute that *I* emailed him and send it to DCF. ugh. Any suggestions?
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kevlynn 07:18 AM 05-29-2013
Im in Nassau County Ny We are allowed to have 2 that are not related to you and 6 that are in addition to the 2...It's called legally Exempt and you are still entitled to the food program and everything while unlicensed...
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AuntieEm 09:20 AM 05-29-2013
Hi I am new

I have a licensed daycare in California and I can have eight kids but no more 6 that are not school aged and of the six littles only two can be under two. Or I can have four under two in my home at one time.
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daycare123 09:58 AM 05-29-2013
anyone know in nd how old your children have to be to not count in your numbers?
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Kelly 10:01 AM 05-29-2013
In Illinois we can have 3 unrelated kids. I have 3 but usually only have 1 or 2 at a time. I think you can have more as long as you only have 3 at a time. I don't know how your own kids count toward that--mine are adults & teens so they don't count. This summer I am also watching one of my daughter's classmates but she is 18 and doesn't count either (she is developmentally disabled and can't stay home alone.) Still haven't decided if I want to get licensed or not--I'm leaning toward not.
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LoraJenkins 10:17 AM 05-29-2013
In North Carolina we are allowed 2 unrelated children if unlicensed. Up to 8 if licensed (5 preschoolers and 3 SA).
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Unregistered 10:37 AM 05-29-2013
WA - you have to be licensed to care ANY children besides your own unless directly blood related (or a legally adopted child of a blood relative) in your home.

Licensed: Your own kids count in your numbers until they are 13 years old too. I have three kids of my own (ages 7,5,NB) so I will only have 3 daycare spaces for the next 6 years at least! I could have drop-in kids when they are at school but anytime they are on school breaks or home sick they count against my numbers so it is impossible to fill those spaces on a regular basis. My kids even count if they are home with their dad in an unlicensed part of the home; anytime they are on the premises.

Licensed, without an assistant, you can have 6 kids with only two under age 2 (or 3 under age 2 if one is over 18 months and walking independently). This is my current license.

If you choose to care for only over age 18 months your number goes up, to 8 i think with only 2 under 2 and they must be walking independently, and only 4 of the 8 can be under age 3.

If you choose to care for only age 3 and up you can have 10.

If you do preschool for only ages 3 and up, and they are with you less than 4 hrs a day then you do not need a license.



MT - I was licensed in MT before moving to WA and there you can care for 2 unrelated children in your home without a license.

Licensed, you can have 6, with only 3 under age 2. Your own kids count until they are 6 years old.

If you do infants only (under 2) you can have 4.

I know you can have more if they are older but i don't remember the exact numbers (i think it is 10 for 2 and up).
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Laurel 11:01 AM 05-29-2013
I'm in Florida but not all counties have the same rules. In mine, you can only watch 1 child (or 2 if they are siblings) without a license. Any more than that require a license. I'm not sure how your own children count but if you are licensed they count in your numbers until they are 12 (I think, not sure how old).

Laurel
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MotherNature 11:47 AM 05-29-2013
Are the stats on this site's links outdated/ They say IN can have 6, not including your own. Right now, including my own, I have 5, but will be starting a newbie in Jan.
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BABYLUVER123 11:49 AM 05-29-2013
In CO and the rules are:

Unlicensed: 1 Family unrelated, regardless of # of children and they should not be providing FT care (Like dc providers do)

Licensed: Up to 6 unrelated children FT with 2 extras Before and After School Care, no more than 2 under 2 unless you have a specialist license, then you can have 3 under 2.

In CO you cannot be dual licensed for child care and foster care, either. It's one or the other.

Adopted/biological kids do count toward your #'s.
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