Maine's single home tier sizes itself by the youngest children present. One provider may care for 4 children when all are under two, 8 when all are 2 to 5, 12 when all are over 5, or a mixed group of 3 under two, 3 aged 2 to 5 and 2 over 5, or 8 aged 2 to 5 with 2 over 5. Older children may fill younger children's spaces but younger children may not fill older spaces, so the binding number is always the count of the youngest.
Every tier, every cap
Family Child Care Provider
No more than 12 children in care at once 10-148 C.M.R. ch. 33 §7(C)(1); capacity ceiling from 22 M.R.S. §8301-A(1-A)(C) '4 to 12 children'
No more than 12 children in care at once 10-148 C.M.R. ch. 33 §7(C)(2)(b)
Option 1: up to 12 children, max 0 under 2, max 0 2 to 5 10-148 C.M.R. ch. 33 §7(C)(2), the sentence introducing the ratio table; the row this constraint encodes is in the tier's ratioTable
Option 2: up to 10 children, max 0 under 2, max 8 2 to 5 10-148 C.M.R. ch. 33 §7(C)(2), the sentence introducing the ratio table; the row this constraint encodes is in the tier's ratioTable
Option 3: up to 8 children, max 0 under 2 10-148 C.M.R. ch. 33 §7(C)(2), the sentence introducing the ratio table; the row this constraint encodes is in the tier's ratioTable
Option 4: up to 8 children, max 3 under 2, max 6 under 5 10-148 C.M.R. ch. 33 §7(C)(2), the sentence introducing the ratio table; the row this constraint encodes is in the tier's ratioTable
Option 5: up to 4 children 10-148 C.M.R. ch. 33 §7(C)(2), the sentence introducing the ratio table; the row this constraint encodes is in the tier's ratioTable
Your own children: count toward these caps (under 4 years).
How Maine defines the age bands
All Children 6 weeks to 2 years old (ratio table band): 1.5 to 24 months
All Children 2 to 5 years old (ratio table band): 24 to 60 months
All Children over 5 years old (ratio table band), under 13: 60 to 156 months
Infant (definition): 'a Child aged six weeks to 12 months': 1.5 to 12 months
Toddler (definition): 'a Child aged 13 months through 36 months': 13 to 36 months
Preschool Child (definition): 'a Child aged three to five years old': 36 to 60 months
School age Child (definition): 'at least five years old and under 13 years old': 60 to 156 months
Mixed ages in one room
The rule defines infant as 6 weeks to 12 months, toddler to 36 months, preschool to 60 months and school-age to 13; the ratio table itself works in three bands: under 2, 2 to 5 and over 5.
Real questions, short answers
What is the infant ratio for a Maine family child care provider?
One provider to four children when all are under two; in mixed groups at most three under two, per 10-148 C.M.R. ch. 33 section 7(C)(2)(a).
Can older children take the place of younger ones?
Yes: older children may fill younger children's spaces, but younger children may not fill older children's spaces, per section 7(C)(2)(b).
Does Maine have a group or large home license?
No. Maine has one Family Child Care Provider license for 4 to 12 children; larger programs are licensed as child care facilities under chapter 32.
22 M.R.S. 8301-A, as amended by PL 2025, c. 135 8301-A(1-A)(C), (3), (10)
10-148 C.M.R. ch. 33, Family Child Care Provider Licensing Rule, effective May 27, 2021 and May 27, 2022 sections 1, 2, 7(C)
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.