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DaycareRules

MSDE Office of Child Care

How many kids can you watch without a license in Maryland?

Verified August 31, 2026

Maryland has no unlicensed headcount: paid care in your home is family child care and must be registered, unless you are a relative of each child in care, or you are a friend of the parent providing care on a nonregular basis under 20 hours a month. A registered Family Child Care Home takes up to 8 children; a Large Family Child Care Home takes 9 to 12 with center-style staffing rows.

The Maryland ladder, tier by tier

Maryland home child care tiers with capacity and age limits
TierChildrenAge limitsYour own kids
Family Child Care Homemd fcc registrationup to 8
  • No more than 8 (all children present in care) COMAR 13A.15.04.03D
  • No more than 2 under 24 months (provider alone, without office approval and additional adult) COMAR 13A.15.04.03B
Count
Large Family Child Care Homemd lfcch registration9 to 12
  • No more than 12 (all children present in care) COMAR 13A.18.04.02B
  • Option 1: up to 6 same age group, all 2 years old, 1 staff member (1:6) COMAR 13A.18.08.03C
  • Option 2: up to 10 same age group, all 3 or 4 years old, 1 staff member (1:10) COMAR 13A.18.08.03C
  • Option 3: up to 12 same age group, all 5 years old or older, 1 staff member (1:12) COMAR 13A.18.08.03C
Count

Age limits and totals for every tier, with row-level citations, live on the Maryland home daycare ratios page.

What changes this answer

The two real exemptions

Relative of each child means related by blood, marriage or adoption, including parent, grandparent and the listed aunts, uncles and siblings. The friend exemption fails the moment care becomes regular or crosses 20 hours in a month.

Residents under 6 count

The office counts a resident of the home younger than 6 years old as a child in care on both tiers, so your own preschooler takes a slot.

Under-2 care changes staffing fast

A single provider may have at most 2 children under 24 months. More than 2 requires an additional approved adult, and even then the under-2 cap is 4.

A 2026 rewrite is in these numbers

COMAR 13A.15 carries July 6, 2026 amendments, and the new chapter for nursery-school programs inside registered homes (13A.15.16) is reflected here. Older copies of the rules that rank in search predate this.

Real questions, short answers

Can I watch my niece and my grandson without registering in Maryland?

The registration requirement does not apply when the provider is a relative of each child in care, and both relationships are on the COMAR relative list.

How often can I babysit a friend's kids at my place?

The friend exemption in COMAR 13A.15.02.01A(2) covers nonregular care for less than 20 hours a month. Past that, registration applies.

How many children may a registered home have?

Up to 8 children present in care, counting residents under 6, with at most 2 under 24 months for a lone provider, per COMAR 13A.15.04.03.

What is a large family child care home?

A separately registered home for 9 to 12 children, staffed by group-size rows: for example 8 children with 1 adult in a mixed group with at most 2 under 24 months, or 12 with 2 adults.

What is the penalty for skipping registration?

Operating a family child care home without a valid registration is a misdemeanor with fines that the enforcement subtitle sets out. We print the thresholds; enforcement is the office's call.

Other states we have verified

Sources for Maryland

  • Md. Code Ann., Education, Title 9.5, family child care definitions Educ. 9.5-301
  • COMAR 13A.15, Family Child Care, with July 6, 2026 amendments 13A.15.02.01, 13A.15.04.03
  • COMAR 13A.18, Large Family Child Care Homes 13A.18.04, 13A.18.08.03

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.