Maine DHHS Child Care Licensing
Maine's statute, as amended in 2025, says a provider caring for children living in the provider's home plus no more than 3 other children, or 4 other children if at least two of them are siblings, with no more than 3 of the total under age two, is not required to be licensed. From 4 to 12 other children the provider must hold a Family Child Care Provider license, per 22 M.R.S. 8301-A(1-A)(C). The older licensing rule still prints a two-child exemption; the statute controls, and both are quoted below.
| Tier | Children | Age limits | Your own kids |
|---|---|---|---|
| Family Child Care Providerfcc license | 4 to 12 |
| Count |
Age limits and totals for every tier, with row-level citations, live on the Maine home daycare ratios page.
10-148 C.M.R. chapter 33, effective May 27, 2021 and 2022, defines license-exempt as a maximum of two non-own children and bars care for more than two without a license. Public Law 2025, chapter 135 raised the statutory allowance to three, or four with siblings. We print the statute as current law and flag the rule as pre-2025.
The allowance holds only while no more than 3 of the total number of children in the provider's care, own children included, are under 2 years of age.
License-exempt providers must comply with 22 M.R.S. 8302-B, the background-check chapter, and the rule ties the exempt status to that section.
A licensed provider takes 4 to 12 children under 13 on the section 7 ratio table: 4 if all are under 2, 8 if all are 2 to 5, 12 if all are over 5, or mixed groups of 8 and 10. Older children may fill younger spaces, never the reverse.
Three other children, or four if at least two of them are siblings, in addition to children living in your home, provided no more than three of the total are under age two, per 22 M.R.S. 8301-A(1-A)(C) as amended by PL 2025, c. 135.
Chapter 33 was last revised in 2021 and 2022, before the 2025 statute change. The rule's two-child license-exempt definition is out of date; the statute governs.
Four to twelve children under 13 who are not the provider's own, with the mix set by the ratio table: 4 all under two, 8 all aged 2 to 5, 12 all over 5, or 8 and 10 in mixed groups.
Four when the whole group is under two; in a mixed group, three under two alongside three aged 2 to 5 and two over 5, per chapter 33 section 7(C)(2).
A provider on a military installation, or one certified by the Department of Defense or Coast Guard serving only active-duty families, is exempt from the chapter under 22 M.R.S. 8301-A(10).
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.