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 1, 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
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)
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
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)
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)
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)
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
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
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)
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.