Minnesota DCYF, county-administered licensing
Minnesota does not print a number of children you may keep before a license. Minn. Stat. 142B.05 takes two situations out of licensing: care provided by a relative, and care provided by an unrelated individual to persons from a single related family. Care for children from a second family in a home needs a family day care license, issued by the county under the state chapter. Minn. R. 9502.0367 then sets the size: family day care holds ten children with one adult, group family day care holds up to fourteen with two adults, and two specialized infant and toddler classes trade headcount for more babies.
| Tier | Children | Age limits | Your own kids |
|---|---|---|---|
| Family Day Care (item A)mn fcc license | up to 10 |
| Count |
| Specialized Infant and Toddler Family Day Care (item B)mn fcc license | up to 6 |
| Count |
| Group Family Day Care (item C)mn fcc license | up to 14 |
| Count |
| Specialized Infant and Toddler Group Family Day Care (item D)mn fcc license | up to 9 |
| Count |
Age limits and totals for every tier, with row-level citations, live on the Minnesota home daycare ratios page.
Minn. R. 9502.0365 licenses a provider for the total number of children ten years of age or younger present in the residence at any one time, and the licensed capacity must include all children of any caregiver when present. The provider’s own children are in the count until they turn eleven.
A family day care home of ten may have six children under school age, and of those no more than three infants and toddlers combined, with no more than two infants. A newborn with one adult present must be the only child under twelve months, unless the newborn is the provider’s own.
Item C licenses ten or twelve children with one adult, then fourteen with two adults, eight to ten of them under school age. A helper may stand in for the second adult only when at most one infant or toddler is present.
Minn. Stat. 142B.41 lost five subdivisions in 2026. That section governs zoning and a fire-safety conditional license, not capacity; the counts here come from Minn. R. 9502.0367, which remains in force, and the exclusions in 142B.05 subd. 2 read the same on the live 2026 page as in our snapshot.
The law is written on families rather than a count. Care by a relative, and care by an unrelated individual for persons from a single related family, are excluded from licensing under Minn. Stat. 142B.05 subd. 2. Children from a second family bring the home inside the chapter.
Yes while they are ten or younger. Minn. R. 9502.0365 requires the licensed capacity to include all children of any caregiver when they are present in the residence.
Ten, with one adult, of whom no more than six may be under school age, no more than three of those infants and toddlers, and no more than two infants, per Minn. R. 9502.0367 item A.
Two in ordinary family day care. A specialized infant and toddler family day care license allows three infants in a home of five, or two infants in a home of six with four under school age. The specialized group license allows four infants in a home of nine with two adult caregivers.
Operating a program without a license, in willful disregard of the chapter and not excluded under subd. 2, is a misdemeanor, and the commissioner may ask the county attorney or attorney general for a court order against continued operation.
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.