Illinois writes home capacity as age mixes rather than a single ceiling. A caregiver alone takes 8 children under 12, and the mix decides the rest: at most 5 under age 5 with 3 of those under 24 months, or at most 6 under age 5 with 2 under 30 months, or 8 school-age children. Adding an assistant adds 4 children who attend school full time, which is how a day care home reaches 12. A group day care home runs the same logic with a larger ceiling of 16.
Every tier, every cap
Day Care Home
No more than 8 (under12) 23 Ill. Adm. Code 2007.13(a)
Option 1: up to 8 under12, max 5 under5years, max 3 under24months 23 Ill. Adm. Code 2007.13(b)
Option 2: up to 8 under12, max 6 under5years, max 2 under30months 23 Ill. Adm. Code 2007.13(b)
Option 3: up to 8 schoolAge 23 Ill. Adm. Code 2007.13(b)
With an assistant: an additional adult is required above 8 children. No more than 12 (under12)
Your own children: count toward these caps (under 12 years).
Group Day Care Home
No more than 8 (under12) 23 Ill. Adm. Code 2009.65(a)(1)
Option 1: up to 8 under12, max 5 under5years, max 3 under24months 23 Ill. Adm. Code 2009.65(a)(2)
Option 2: up to 8 under12, max 6 under5years, max 2 under30months 23 Ill. Adm. Code 2009.65(a)(2)
Option 3: up to 8 preschool, max 0 under3years 23 Ill. Adm. Code 2009.65(a)(2)
Option 4: up to 12 schoolAge 23 Ill. Adm. Code 2009.65(a)(2)
With an assistant: an additional adult is required above 8 children. No more than 12 (under12); No more than 16 (under12)
Your own children: count toward these caps (under 12 years).
How Illinois defines the age bands
Infant (a child through 12 months of age): 0 to 12 months
Under 15 months of age: 0 to 15 months
Under 24 months of age: 0 to 24 months
Under 30 months of age: 0 to 30 months
Children 30 months of age or older (the 2 extra children allowed under group home extended capacity): 30 to open months
Under age 3 (a group day care home caregiver alone may take 8 pre school children only if no child is under age 3): 0 to 36 months
Children between 3 and 6 years of age: 36 to 72 months
Under the age of 5: 0 to 60 months
Preschool age: children under 5 years of age and children 5 years old who do not attend full day kindergarten: 0 to 60 months
School age: children from 6 to 12 years of age and 5 year olds who are in full day kindergarten: 72 to 144 months
Additional children who are attending school full time (the extra 4 school age slots): 72 to 144 months
Under the age of 12 the counting boundary for capacity in both home tiers; children age 12 and over on the premises are not counted: 0 to 144 months
Mixed ages in one room
The binding bands are under 24 months and under 30 months, and they trade against how many children under age 5 the home takes. School-age additions are limited to before and after school hours, holidays, weekends, unforeseen school closings and the summer.
Real questions, short answers
How many children under 2 can an Illinois day care home take?
Three under 24 months when the caregiver works alone within a group of 8 children under 12. A caregiver with an assistant aged 18 or older may hold 8 children under age 5 with up to 5 of them under 24 months.
When does Illinois require a second person?
Above 8 children in care a qualified assistant must be present, and the extra 4 children must be attending school full time, per 23 Ill. Adm. Code 2007.13(c) and (d).
Is there a fee for an Illinois day care home license?
No. 23 Ill. Adm. Code 2007.6(j) states there shall be no fee or charge for the licence, and 2007.7(i) says the same for the permit.
Child Care Act of 1969, section source notes read through P.A. 104-480, eff. 7-1-26 225 ILCS 10/2.18, 10/2.20, 10/3, 10/11
23 Ill. Adm. Code 2007, Licensing Standards for Day Care Homes, recodified at 50 Ill. Reg. 9917 2007.2, 2007.13
23 Ill. Adm. Code 2009, Licensing Standards for Group Day Care Homes, recodified at 50 Ill. Reg. 10183 2009.5, 2009.65
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.