Minnesota writes home capacity as a four-row table in Minn. R. 9502.0367, and every row counts every child ten or younger present, the caregiver’s own included. Family day care, item A: ten children, one adult, six under school age, no more than three infants and toddlers, no more than two infants. Specialized infant and toddler family day care, item B: five children with three under school age and up to three infants, or six with four under school age and up to two infants. Group family day care, item C: ten with eight under school age or twelve with ten under school age on one adult, then fourteen with ten under school age, four infants and toddlers and three infants on two adults. Specialized infant and toddler group, item D: nine children, two adults, seven under school age, four infants.
Every tier, every cap
Family Day Care (item A)
No more than 10 children in care at once Minn. R. 9502.0367, item A, the Family Day Care row of the child/adult ratio table (published electronically October 8, 2007); the full table is in the record's ratioTable
No more than 6 under school age Minn. R. 9502.0367, item A, the Family Day Care row of the child/adult ratio table (published electronically October 8, 2007); the full table is in the record's ratioTable
No more than 3 infant toddler Minn. R. 9502.0367, item A (pub. Oct. 8, 2007)
No more than 2 infant Minn. R. 9502.0367, item A (pub. Oct. 8, 2007)
Your own children: count toward these caps (under 11 years).
Specialized Infant and Toddler Family Day Care (item B)
Option 1: up to 5 children, max 3 under school age, max 3 infant Minn. R. 9502.0367, item B
Option 2: up to 6 children, max 4 under school age, max 2 infant Minn. R. 9502.0367, item B
Your own children: count toward these caps (under 11 years).
Group Family Day Care (item C)
Option 1: up to 10 children, max 8 under school age, max 3 infant toddler, max 2 infant Minn. R. 9502.0367, item C(1)-(2)
Option 2: up to 12 children, max 10 under school age, max 2 infant toddler, max 1 infant Minn. R. 9502.0367, item C(1)-(2)
With an assistant: an additional adult is required above 12 children. No more than 14 children in care at once; No more than 10 under school age; No more than 4 infant toddler; No more than 3 infant
Your own children: count toward these caps (under 11 years).
Specialized Infant and Toddler Group Family Day Care (item D)
No more than 9 children in care at once Minn. R. 9502.0367, item D
No more than 7 under school age Minn. R. 9502.0367, item D
No more than 4 infant Minn. R. 9502.0367, item D
With an assistant: an additional adult is required above 0 children.
Your own children: count toward these caps (under 11 years).
Mixed ages in one room
Infant and toddler are the binding bands, counted together and then separately. A helper may replace the second adult in group family day care only when no more than one infant or toddler is present.
Real questions, short answers
How many children under school age can a Minnesota family day care have?
Six of the ten, per item A of Minn. R. 9502.0367, and of those six no more than three infants and toddlers combined and no more than two infants.
When does Minnesota group family day care need two adults?
At fourteen children. Item C allows ten or twelve children with one adult and fourteen only with two adults, or one adult and a helper when at most one infant or toddler is present.
What is a specialized infant and toddler license in Minnesota?
A smaller home with more babies: five children with up to three infants, or six with up to two infants and four under school age. The group version holds nine children with four infants and two adult caregivers.
Minnesota Statutes 2025, chapter 142B, with the 2026 live text of 142B.05 and 142B.41 checked on September 5, 2026 142B.05, 142B.41
Minnesota Rules, chapter 9502, Licensing of Day Care Facilities, published electronically October 8, 2007 9502.0365, 9502.0367
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.