Alabama
Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, half brother, half sister, uncle or aunt, and their spouses, by blood, marriage or adoption. 660-5-27-.02(20)
Cross-state guide
Who counts as a relative, and whose kids trigger a license?
Verified September 5, 2026Almost every state carves relative care out of child care licensing, and almost every state defines the family tree differently. Cousins are on the Texas list and off several others; Iowa’s carve-outs are unusually narrow; Missouri’s 2024 exemption skips the question entirely. Since one unrelated child is the licensing trigger in states like Alabama and Texas, the definition of related is often the whole answer. The lists below are quoted from each state’s current rule.
The relative lists, state by state
Arizona
Care in the homes of parents or blood relatives is exempt, and the facility definition counts children not related to the proprietor; neither section names a degree. A.R.S. 36-881(3), 36-884(1)
Arkansas
Any minor child related by blood, marriage or adoption to the owner or operator, or a ward under an Arkansas guardianship order. The facility definition reaches only unrelated children. Ark. Code 20-78-202(2)(A)(ii)
California
Spouse, parent, stepparent, son, daughter, brother, sister, half and step siblings, uncle, aunt, niece, nephew, first cousin, plus grand and great variants and their spouses, even after the marriage ends. 22 CCR 102352(r)(2)
Colorado
Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew or cousin, by blood, marriage or adoption. C.R.S. 26.5-5-303(23)
Connecticut
Statute: grandparent, great-grandparent, sibling, aunt or uncle. Regulation: grandchildren, great-grandchildren, foster children, nieces, nephews, siblings, sons and daughters. Cousins are unrelated under both. 19a-77(b)(4); 19a-87b-3(b)
Delaware
Own children, grandchildren, nieces, nephews and stepchildren, even when paid; siblings and cousins are not listed. 934 sec. 4.3, 4.4
District of Columbia
Parent, step-parent, grandparent, sibling, step-sibling, uncle, aunt, niece or nephew by blood, marriage or adoption to the fifth degree, plus legal guardians. 5-A DCMR 199
Florida
Household children are those related by blood, marriage or adoption to the operator or an adult household member; the trigger itself counts families, not relatives. Fla. Stat. 402.302(9)
Georgia
Within the third degree by blood or marriage: sons, daughters, grandchildren, nieces, nephews, first cousins, plus wards and state-regulated foster children. Ga. Comp. R. & Regs. 290-2-3-.03(x)
Hawaii
A parent’s sibling, grandparents to great-great grandparents, first cousins, a sibling’s child or grandchild, a grandparent’s sibling, stepparents, stepsiblings, and their spouses. HRS 346-152(a)(1)
Idaho
A family within the second degree: parents, step-parents, grandparents, uncles and aunts, first cousins, nephews and nieces, siblings, and their spouses. Idaho Code 39-1103(5)
Illinois
No relative exemption for home care: the three-child count includes children whether related or unrelated. The rules still define related from parent to first cousin. 225 ILCS 10/3(d-5)(1); 23 Ill. Adm. Code 2007.2
Indiana
Parents, grandparents, brothers, sisters, stepparents, stepgrandparents, stepsisters, stepbrothers, uncles, aunts and first cousins, by marriage, blood or adoption. 470 IAC 3-1.1-15
Iowa
Unusually narrow: grandparents, great grandparents, aunts, uncles and siblings living in a separate residence. Everyone else counts toward the five-child ceiling. 441 IAC 120.1
Kansas
Children related by blood, marriage or legal adoption are outside the child care facility definition; the regulation adds no list of its own. K.S.A. 65-503(e)(1)
Kentucky
Children, siblings, stepchildren, grandchildren, nieces, nephews and children in the provider’s legal custody. KRS 199.894(5); 922 KAR 2:100 sec. 1
Louisiana
Two lists: children, grandchildren and legal custody children for licensing; children, grandchildren, nieces and nephews for registration. R.S. 17:407.33(9); 17:407.62(8)
Maine
Only the provider’s own children and children residing in the provider’s home sit outside the count; there is no broader relative exclusion. 22 M.R.S. 8301-A(1-A)(C)
Maryland
Related to the child by blood, marriage or adoption, including parent, grandparent, brother, sister, and the listed step relations; the provider must be a relative of each child in care for the exemption to hold. COMAR 13A.15.01.02B(31)
Massachusetts
Parent, grandparent, great grandparent, aunt, uncle, great aunt, great uncle or sibling by blood, marriage or adoption; relative care is excluded only as an informal cooperative. 606 CMR 7.02; c. 15D 1A
Michigan
Parent to great-great-grandparent, aunts and uncles through great-great, siblings and stepsiblings, nephews, nieces, first cousins and first cousins once removed, and the spouse of any of them. MCL 722.111(1)(ii)
Missouri
The 2024 exemption counts six or fewer children at the address without any relative carve-out, so the family tree does not change the math below the threshold. RSMo 210.211.1(1)
Montana
Son, daughter, brother, sister, first cousin, nephew, niece or grandchild, including step and adoptive; the relative care registration uses a shorter list. MCA 52-2-703(15); ARM 37.96.101(31)
Nebraska
Grandparents caring only for grandchildren are exempt; own children means biological, adoptive and foster children, stepchildren and grandchildren. 391 NAC 1-001.02, 1-002
Nevada
A home is outside the definition only when every child is related within the third degree; one unrelated child brings the whole group into the count. NRS 432A.024(2)(b)
New Hampshire
Parent, grandparent, brother, sister, stepparent, stepgrandparent, stepbrother, stepsister, uncle, aunt, niece, nephew, first cousin or second cousin. RSA 170-E:2, XIII
New Jersey
Legally related to the provider, in the family home definition only; the six-child center line has no relative test, but children living in the home are not counted. N.J.S.A. 30:5B-18.c; 30:5B-3.b
New Mexico
Residence, not relationship: the exemption counts nonresident children, and a resident child is anyone who lives in the caregiver’s home. 8.9.4.9(H) NMAC; 8.9.5.7 NMAC
New York
Within the third degree of the parents: grandparents to great-great-grandparents, aunts, uncles, great-aunts and great-uncles with spouses, siblings, and first cousins with spouses. 18 NYCRR 413.2(a)(1)
North Carolina
Guardians, full-time custodians and anyone related by birth, marriage or adoption are outside the definition of child care. G.S. 110-86(2)
North Dakota
No relative carve-out in the count: only a provider’s own child, foster child or grandchild over eleven is exempt. 50-11.1-02.1(2)
Ohio
For group size: grandchildren, sons, daughters, stepchildren, siblings, stepsiblings, half siblings, nieces, nephews and first cousins, excluding foster children. Ohio Admin. Code 5180:2-13-01(DD)
Oklahoma
Related by blood, marriage or adoption as parent, grandparent and the listed relations; relative care sits outside the Licensing Act. OAC 340:110-3-81; 10 O.S. 403(A)
Oregon
Within the fourth degree by blood or marriage, and separately a member of the child’s extended family unit as the Division decides case by case. ORS 329A.250(4)(b)(C), (G)
Pennsylvania
Parent, child, stepchildren, grandchildren, siblings and half siblings, uncle, aunt, niece and nephew; these children never count toward the 3, 6 or 12 unrelated ceilings, but they do count toward the infant caps. 62 P.S. 1001; 55 Pa. Code 3290.52
Rhode Island
Parent, grandparent, brother, sister, aunt, uncle and first cousin, by marriage, blood or adoption, even after death or divorce. R.I. Gen. Laws 42-12.5-2(13)
South Carolina
Parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt and cousin of the first degree. S.C. Code 63-13-20(25)
Tennessee
Children, step-children, grandchildren, step-grandchildren, siblings of the whole or half blood, step-siblings, nieces, nephews or foster children of the primary educator. Tenn. Comp. R. & Regs. 1240-04-01-.02(41)
Texas
Children, grandchildren, siblings, great-grandchildren, first cousins, nieces and nephews of the caregiver; related children ride outside the unrelated counts but inside the 12-child totals. 26 TAC 742.103; 747.113
Utah
Care by or in the home of a parent, guardian, grandparent, brother, sister, uncle or aunt is outside the part; the ten-child hard cap counts related children anyway. Utah Code 26B-2-405(1)(a)(iv), (1)(b)
Vermont
A child’s own parent, guardian or relative is outside the definition; the rules define only Own Child: child, grandchild, great grandchild, stepchild or ward living in the home. 33 V.S.A. 3511(2); CVR 13-171-005 Rule 2.2.29
Virginia
The exemption applies when every child in care is related to the provider by blood or marriage; one unrelated child puts the arrangement inside the child day program framework. Va. Code 22.1-289.02, 22.1-289.030
Washington
Any blood relative including half-blood, first cousins, nieces, nephews and preceding generations; relative care is excluded from licensing outright. RCW 43.216.010(2)(a)
West Virginia
Relative family child care means a grandparent, great-grandparent, aunt, uncle, great-aunt, great-uncle or adult sibling of the child. W. Va. Code 49-1-206
Wisconsin
Parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle or aunt, by blood, marriage or adoption. Wis. Stat. 48.65(2)(a)
Wyoming
Legal parent and legal relative, neither defined in the chapter. Wyo. Stat. 14-4-102(b)(i)
Real questions, short answers
Do grandkids ever trigger a license?
Not in any verified state: grandchildren appear on every relative list that exists. The traps are elsewhere: cousins are unrelated in Alabama and Maryland but related in Texas, California and Washington.
If relatives are exempt, do related kids still count toward capacity?
Once you are licensed, often yes. Texas counts related children toward its 12-child ceilings, Pennsylvania counts them toward its infant caps, and Maryland counts resident children under six. The exemption question and the capacity question have different answers on purpose.
Does watching my own kids plus one cousin’s child need a license?
It depends entirely on whether your state’s list reaches cousins: in Texas a first cousin’s child is related care, in Alabama it is the first unrelated child and the licensing trigger. Check the quoted list for your state above.
Keep reading
DaycareRules is an informational reference about home child care licensing rules in the United States. It reprints thresholds, capacity limits, ratios and citations from state statutes and regulations, together with the date each state was last verified. Nothing on this site is legal advice, and rules change. Confirm with your state licensing agency before acting on any number printed here.