Idaho DHW Daycare Licensing
Idaho licenses from the seventh child. Idaho Code 39-1102 defines a family daycare home as a home caring for six or fewer children and a group daycare facility as one caring for seven to twelve, and 39-1114(1) says a family daycare home providing daycare for four or more children shall not be required to be licensed but must complete the criminal history check in 39-1105. A home with fewer than seven children may elect a basic daycare license under 39-1114(3). The Department of Health and Welfare adds that a license is needed only when compensation is received for one or more of the children. Daycare itself means care for children not related to the provider by blood, marriage or legal guardianship, and care for a family within the second degree of relationship is outside the chapter.
| Tier | Children | Age limits | Your own kids |
|---|---|---|---|
| Family Daycare Homebasic daycare license elective | up to 6 |
| Do not count |
| Group Daycare Facilitybasic daycare license | 7 to 12 |
| Do not count |
Age limits and totals for every tier, with row-level citations, live on the Idaho home daycare ratios page.
One to three children: no instrument in the chapter. Four to six: a mandatory criminal history check for the provider and no license unless elected. Seven to twelve: a basic daycare license for a group daycare facility. Thirteen or more is a daycare center.
Because 39-1102(3) defines daycare as care for children not related to the provider, the provider’s own and related children do not count toward six, seven or the points ratio.
Idaho Code 39-1109(4)(a), as amended in 2025, allows at most twelve points per staff member in a licensed facility: a child under twenty-four months is two points, twenty-four to under thirty-six months 1.33, thirty-six months to under five years 0.923, and five to under thirteen 0.48. Every child in attendance is counted.
The Department published a proposed rewrite of IDAPA 16.06.03 in the July 2, 2025 bulletin under docket 16-0603-2501. The codified chapter read here still carries July 1, 2024 stamps. The statute, not the rule, holds the numbers on this page.
Six unrelated children. A group daycare facility starts at seven under Idaho Code 39-1102, and 39-1114(3) lets a home with fewer than seven elect a license rather than require one.
Yes, from four children. Idaho Code 39-1114(1) requires a family daycare home providing daycare for four or more children to complete the criminal history check in 39-1105.
No. Daycare under 39-1102(3) is care for children not related to the provider, so own and related children are outside the six-child and seven-child lines.
Six under twenty-four months, because each is two points against the twelve-point limit in 39-1109(4)(a).
The Department states a license is needed when the provider receives compensation for one or more of the children in care and cares for seven or more.
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.