New Hampshire caps a provider working alone at six children, of whom no more than four are under thirty-six months and no more than two under twenty-four months, per He-C 4002.33(m). A family group day care home holds seven to twelve with an assistant under 4002.33(o), keeping the four-under-three limit per caregiver. Both may add school-age children when school is not in session: three for a family home, five for a family group home. Related and foster children in the home count toward the six or twelve until age ten under the statute.
Every tier, every cap
Family day care home (He-C 4002 term: family child care home)
No more than 6 children in care at once He-C 4002.33(m)
No more than 4 under 36 months He-C 4002.33(m)(1)
No more than 2 under 24 months He-C 4002.33(m)(2)
No more than 3 school age additional when school not in session He-C 4002.33(m)
No more than 3 school age additional RSA 170-E:2, IV(a)
With an assistant: No more than 6 children in care at once; No more than 4 under 36 months; No more than 3 school age additional when school not in session
Your own children: count toward these caps (under 10 years).
Family group day care home (He-C 4002 term: family group child care home)
No more than 6 children in care at once He-C 4002.33(m)
No more than 4 under 36 months He-C 4002.33(m)(1)
No more than 2 under 24 months He-C 4002.33(m)(2)
No more than 5 school age additional RSA 170-E:2, IV(b)
With an assistant: an additional adult is required above 6 children. No more than 12 children in care at once; No more than 4 under 36 months; No more than 5 school age additional when school not in session
Your own children: count toward these caps (under 10 years).
How New Hampshire defines the age bands
Infant (birth up to 12 months): 0 to 12 months
Toddler (over 12 months to 35 months): 12 to 35 months
Younger than 24 months of age (cap band when the caregiver works alone): 0 to 24 months
Younger than 36 months of age (age mix cap band in family and family group homes): 0 to 36 months
Provider's own, foster and resident children up to 6 years of age, counted in license capacity when present: 0 to 72 months
Related children and foster children counted in the statutory home capacity, except children 10 years of age or older: 0 to 120 months
School age program minimum age: 4 years and 8 months of age or older: 56 to open months
Mixed ages in one room
Under twenty-four months and under thirty-six months are the binding bands, and they nest: two of the four under three may be under two.
Real questions, short answers
How many children under three can one New Hampshire provider have?
Four, with no more than two of them under twenty-four months, per He-C 4002.33(m).
When does a New Hampshire home need an assistant?
Above six children. A family group day care home for seven to twelve requires the assistant under RSA 170-E:2, IV(b).
How many school-age children can be added in New Hampshire?
Three in a family day care home and five in a family group day care home, when school is not in session, per He-C 4002.33.
RSA Chapter 170-E, Child Day Care, Residential Care, and Child-Placing Agencies, 2024 amendments 170-E:2, 170-E:3, 170-E:4, 170-E:21
He-C 4002, New Hampshire Child Care Program Licensing Rules, adopted August 26, 2025 He-C 4002.33
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.