Mississippi licenses a home facility of twelve or fewer children in the operator’s residence under Chapter 2 and staffs it by the age of the children rather than by a single ratio. One caregiver may have four children under one year, eight one-year-olds, twelve two-year-olds, fourteen three-year-olds, sixteen four-year-olds, twenty children five through nine, or twenty-five children ten through twelve. In a mixed group the youngest child sets the ratio. A voluntary Child Care Family Home license for five or fewer children runs at five children to one staff member.
Every tier, every cap
Child Care Family Home
No more than 5 children in care at once 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 3, Rule 3.1.4(11)
No more than 5 children in care at once 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 3, Rule 3.8.2
No more than 5 children in care at once 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 3, Rule 3.8.3
Your own children: count toward these caps.
Child Care Facility for 12 or Fewer Children in the Operator's Home
No more than 12 children in care at once 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 2, chapter heading, the 12-child ceiling is stated only in the chapter scope heading and in incidental cross-references (Rules 2.11.1(6), 2.11.4(4)); no numbered rule in Ch. 2 states a bare 'no more than 12 children'
No more than 12 children in care at once 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 2, Rule 2.11.4(4)
No more than 4 less than 1 year 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 2, Rule 2.8.2(1), table row; column headers 'Age of Children' / 'Number of Children to Caregiver Staff'
No more than 8 1 year 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 2, Rule 2.8.2(1), table row; column headers 'Age of Children' / 'Number of Children to Caregiver Staff'
No more than 12 2 years 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 2, Rule 2.8.2(1), table row; column headers 'Age of Children' / 'Number of Children to Caregiver Staff'
No more than 14 3 years 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 2, Rule 2.8.2(1), table row; column headers 'Age of Children' / 'Number of Children to Caregiver Staff'
No more than 16 4 years 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 2, Rule 2.8.2(1), table row; column headers 'Age of Children' / 'Number of Children to Caregiver Staff'
No more than 20 5 through 9 years 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 2, Rule 2.8.2(1), table row; column headers 'Age of Children' / 'Number of Children to Caregiver Staff'
No more than 25 10 through 12 years 15 Miss. Admin. Code Pt. 11, Subpt. 55, Ch. 2, Rule 2.8.2(1), table row; column headers 'Age of Children' / 'Number of Children to Caregiver Staff'
Your own children: see the cited rule.
How Mississippi defines the age bands
Less than 1 year: 0 to 12 months
1 year: 12 to 24 months
2 years: 24 to 36 months
3 years: 36 to 48 months
4 years: 48 to 60 months
5 through 9 years: 60 to 120 months
10 through 12 years: 120 to 156 months
Infant (definition, Ch. 2): 0 to 12 months
Toddler (definition, Ch. 2): 12 to 24 months
School Age Child (definition, Ch. 2): 60 to open months
Infant (definition, Ch. 3): 0 to 12 months
Toddler (definition, Ch. 3): 12 to 24 months
Preschool Aged Children (definition, Ch. 3): 36 to open months
Mixed ages in one room
Under one year is the binding band: a single infant in a group pulls the whole group to four to one.
Real questions, short answers
How many infants can one Mississippi caregiver have?
Four children under one year, per the Chapter 2 staffing table for facilities of twelve or fewer in the operator’s home.
What is the ratio for a mixed-age group in Mississippi?
The ratio of the youngest child in the group. A group with one infant and five three-year-olds is a four-to-one group.
What is the cap on a five-or-fewer home in Mississippi?
Five children to one staff member, and a maximum group size of five, under Chapter 3.
15 Miss. Admin. Code Pt. 11, Subpt. 55, Chapter 2, Regulations Governing Licensure of Child Care Facilities for 12 or Fewer Children in the Operator’s Home, amended January 12, 2022, effective February 12, 2022 Chapter 2
15 Miss. Admin. Code Pt. 11, Subpt. 55, Chapter 3, Regulations Governing Licensure of Child Care Family Homes for 5 or Fewer Children Chapter 3, Rule 3.1.4, Rule 3.20.8
Mississippi Child Care Licensing Law, as quoted in the MSDH chapters Miss. Code Ann. 43-20-5
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.