Colorado Department of Early Childhood
Colorado writes its exemption as a choice between two routes, and a home uses one at a time. The first is four children in the provider’s permanent residence, with no more than two of them under two years of age, counted regardless of how they are related to the caregiver. The second is care for children related to the caregiver, or for siblings from a single family unrelated to the caregiver, with no headcount at all. Both sit in C.R.S. 26.5-5-304(1)(f) and are restated in 8 CCR 1402-1 section 2.112. Past either route a family child care home license applies, and Colorado issues that license in five shapes, from a regular home of six children to a large home of twelve.
| Tier | Children | Age limits | Your own kids |
|---|---|---|---|
| A Regular Family Child Care Homelicense | up to 8 |
| Count |
| A Three (3) Under Eighteen (18) Months Family Child Care Homelicense | up to 6 |
| Count |
| Infant/Toddler Family Child Care Homelicense | up to 8 |
| Count |
| Large Family Child Care Homelicense | up to 12 |
| Count |
| An Experienced Family Child Care Providerlicense | up to 9 |
| Count |
Age limits and totals for every tier, with row-level citations, live on the Colorado home daycare ratios page.
The rule says care must only be provided using one of the options at any one time. A caregiver cannot take four unrelated children and then add nieces on the relative route. The relative route also covers siblings from one family who are unrelated to the caregiver, which is how a nanny-style arrangement for one family stays outside licensing.
Care that has no apparent pattern, with or without pay, is outside licensing under 26.5-5-304(1)(d). So is care in a church, shopping centre or business for short periods while the parent is on the premises; the statute defines short as fewer than three hours in a twenty-four-hour period.
A regular family child care home holds six children from birth to eighteen years with no more than two under eighteen months, plus two school-age children. A three-under-eighteen-months license keeps six but permits three infants, two of them under twelve months. An infant and toddler home holds four with one provider and eight with two. A large home holds twelve with a second staff member above eight. An experienced provider license reaches nine on set age mixes.
Residents of the home under ten years of age who are on the premises count against the approved capacity under 8 CCR 1402-1 section 2.306(A)(2). The provider’s own children ten and older do not, per section 2.305(A).
Four children in your own residence, with no more than two under two years of age, regardless of relation, per C.R.S. 26.5-5-304(1)(f)(I)(B). Alternatively, any number of children related to you or siblings from one unrelated family, but not both routes at once.
Yes. The statute counts the children being cared for regardless of the children’s relation to the caregiver, so the provider’s own children in care are among the four on that route.
A regular home is licensed for six children plus two school-age children. A large family child care home is licensed for up to twelve, and 8 CCR 1402-1 section 2.309(A)(4) requires a second qualified staff member whenever more than eight children are present.
Two under eighteen months on a regular license. A three-under-eighteen-months license allows three, no more than two of them under twelve months. An infant and toddler home with two providers may hold eight children from birth to three, no more than four under one year.
C.R.S. 26.5-5-321(1) makes violating the licensing part a petty offense with a fine of up to five hundred dollars, and the department may issue a cease-and-desist order.
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.