Alabama
The chapter restates the penalty provisions of the statute; DHR takes complaints and the department decides enforcement. Ala. Code 38-7-16; 660-5-27-.03(7)(j)
Cross-state guide
What happens if you run an unlicensed daycare?
Verified September 5, 2026Every state writes its own consequence for crossing the licensing threshold without paperwork, and the range is wide: civil penalties by the day, misdemeanors, summary offenses. This page quotes the consequence provisions from the states we have verified. It exists so the line is clear before anyone gets near it, not as a prediction of what an agency will do in a given case.
The consequence provisions, state by state
Arizona
The group home rules provide denial, revocation or suspension of the certificate; no fine for uncertified operation appears in the texts read. A.A.C. R9-3-207
Arkansas
Operating or assisting an unlicensed facility, or advertising unlicensed care, is a Class C misdemeanor; any violation draws $25 to $100 per day, and Class A civil penalties run $100 per violation. Ark. Code 20-78-203, 20-78-208
California
Continuing to operate after a Notice of Operation in Violation of Law draws a civil penalty of 200 dollars per day. CDSS FCC chapter, unlicensed operation provisions
Colorado
A petty offense with a fine up to $500 or ten days in jail, or both; rule fines climb from $250 the first day to $1,000 a day, capped at $10,000. C.R.S. 26.5-5-321; 8 CCR 1402-1 2.113(A)
Connecticut
Civil penalty of up to 100 dollars per day for maintaining a family child care home without a current and valid license. Conn. Gen. Stat. 19a-87b
Delaware
Civil penalties of up to 1,000 dollars for each violation of the licensing requirement. 14 Del. C. 3005A
District of Columbia
Civil fines under the Civil Infractions Act for violations of the Facilities Act and 5-A DCMR chapter 1. 5-A DCMR ch. 1; D.C. Code 7-2036
Florida
DCF or the county may seek an injunction, including an emergency one, and may impose an administrative fine on a home operating without a license or registration. Fla. Stat. 402.312
Georgia
Fines up to $500 per day per violation to a total of $25,000, plus refusal, suspension, revocation and emergency closure. Ga. Comp. R. & Regs. 290-2-3-.15(1)
Hawaii
Operating without a license is a violation punishable by a fine up to the maximum the law allows; overenrollment and ratio violations draw fines and revocation. Haw. Admin. R. 17-891.2-4
Illinois
A Class A misdemeanor, then a business offense fined up to $10,000 for continuing without seeking a license, each day a separate offense. 225 ILCS 10/11, 10/18.1
Indiana
A civil penalty up to $100 a day for an unlicensed home, injunction and removal of children; knowing violations are a Class B misdemeanor. Ind. Code 12-17.2-5-29, -35
Iowa
Operating a child development home without required registration is a simple misdemeanor; seven or more children at once moves the program into center licensing. Iowa Code ch. 237A
Kansas
Misdemeanor with a fine of 5 to 50 dollars, each day counting as a separate offense. K.S.A. 65-514
Kentucky
The certification regulation provides denial, suspension, revocation and emergency orders; no monetary figure appears in the home chapter. 922 KAR 2:100 sec. 5 to 8
Louisiana
Operating an early learning center without a license may draw fines of up to 1,000 dollars per day; the home tier carries no license to violate. Bulletin 137 sec. 305
Maine
The department may pursue civil fines under 22 M.R.S. 7702 for unlicensed operation. 10-148 C.M.R. ch. 33 sec. 20(F)
Maryland
Operating a family child care home without a valid registration is a misdemeanor with fines set by the enforcement subtitle. COMAR 13A.15.13; Md. Educ. Title 9.5
Michigan
A misdemeanor with a fine of $100 to $1,000, up to 90 days in jail, or both; a rule violation causing a child’s death is second degree child abuse. MCL 722.125
Minnesota
A misdemeanor to operate without a license in willful disregard of the chapter; the commissioner may seek a court order against continued operation. Minn. Stat. 142B.05, subd. 5
Mississippi
A misdemeanor fined up to $100 for the first offense and up to $200 for each later one, worded the same in both home chapters. 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 2 Rule 2.22.8, Ch. 3 Rule 3.20.8
Missouri
The statute declares it unlawful to establish or maintain a facility that requires a license without one. RSMo 210.211.1
Montana
The department takes steps under MCA 52-2-741 and may deny, suspend, revoke or modify a registration; the statute’s penalty text was not in the files read. ARM 37.96.1112
Nebraska
Thirty days to license or stop, then a Class IV misdemeanor with each day a separate offense, and an injunction if needed. Neb. Rev. Stat. 71-1914.01 to 71-1914.03
Nevada
A misdemeanor, a cease and desist order, and a court civil penalty up to $10,000 for a first offense and $10,000 to $25,000 after that. NRS 432A.210, 432A.220
New Hampshire
A class A misdemeanor for a person and a class B felony for any other entity, each day a separate offense. RSA 170-E:21
New Jersey
Operating an unlicensed center is a crime of the fourth degree; a registered provider gets notice to comply before revocation. N.J.S.A. 30:5B-13, 30:5B-23
New Mexico
Civil monetary penalties by deficiency class: Class A $500 to $5,000, Class B $300 to $3,000, Class C $100 to $500. 8.9.4.13 NMAC
New York
A fine of up to $500 per day for child day care without a license or registration, imposed after a hearing. 18 NYCRR 413.3(e); Soc. Serv. Law 390(11)
North Carolina
A Class 1 misdemeanor; willful unlicensed care of three or more children over four hours on two consecutive days is a Class I felony, and serious injury a Class H felony. G.S. 110-98, 110-103
North Dakota
Civil penalty of 50 dollars per day of operation without a required license after written notice. N.D. Cent. Code ch. 50-11.1
Ohio
Revocation, and a five-year bar on a new license after revocation; no fine for unlicensed operation appears in the chapter read. Ohio Admin. Code 5180:2-13-05
Oklahoma
Violation of the Licensing Act is a misdemeanor punished under the general penalty statute. 10 O.S. 401 et seq.; 21 O.S. 10
Oregon
A Class A misdemeanor, each day a separate offense, and civil penalties up to $1,500 for care without a valid registration or certificate. ORS 329A.990, 329A.992
Pennsylvania
Operating without the certificate is a summary offense on first conviction, with escalating consequences after. 62 P.S. 1031
Rhode Island
Repeated or egregious non-compliance draws fees under the administrative penalties chapter; amounts sit in a statute not in the files read. 218-RICR-70-00-2 2.1.4(A)(11), (12)
South Carolina
A misdemeanor with a fine up to $1,500 or six months, or both, and a family court injunction against unregistered operation. S.C. Code 63-13-160, 63-13-170
South Dakota
A Class 2 misdemeanor for care without a required license or registration, or for false licensure information. SDCL 26-6-9
Texas
A home operating without the required permit is still held accountable for meeting the minimum standards, and HHSC enforcement follows from unpermitted operation. 26 TAC 742.105(b)
Utah
The home rules point to penalties in R380-600 and Title 26B, Chapter 2, Part 7, neither of which was in the files read. R430-90-25; R430-50-25
Vermont
Administrative action only in the texts read: a program improvement plan, then suspension, revocation or denial of the license. CVR 13-171-005 Rules 2.4, 2.5
Washington
Enforcement runs through denial, suspension or revocation of licenses and the department’s enforcement action provisions. RCW 43.216.325
West Virginia
Revocation of the certificate or immediate closure, or both, with an order of closure for immediate danger and injunctive relief. 78CSR19 78-19-20; 78CSR18 78-18-24
Wisconsin
The department may order any sanction or penalty under the statutes; the amounts live in sections not in the files read. DCF 250.12(3)
Wyoming
A misdemeanor fined $50 to $200 for each offense, each day of uncertified operation a separate offense, plus injunction. Wyo. Stat. 14-4-110, 14-4-111
Real questions, short answers
Is running an unlicensed daycare a crime?
In several verified states it can be charged as a misdemeanor (Iowa, Maryland, Oklahoma) or a summary offense (Pennsylvania); California leads with civil penalties by the day. The trigger in every case is care past the threshold without the required instrument, so the threshold page for your state is the number that matters.
Do these penalties apply to babysitting?
The provisions attach to operating past the licensing line. Care inside your state’s exemption, occasional care outside the regularity definitions, and relative care where exempted are not the conduct these sections describe.
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.