Paid or unpaid makes no difference
RSA 170-E:2, XII defines regularly as supervision and care whether paid or unpaid, up to and including seven days a week. Unpaid care for five outside children is licensable.
New Hampshire DHHS Child Care Licensing Unit
How many kids can you watch without a license in New Hampshire?
Verified September 5, 2026New Hampshire writes the exemption around the household. RSA 170-E:3, I(c) takes out of licensing a private home in which any number of the provider’s own children and up to four additional children are cared for regularly, and I(h) takes out a home where the only children in care are the provider’s own, related or resident children. A fifth outside child brings the home inside RSA 170-E:2, IV, where a family day care home holds up to six children and a family group day care home holds seven to twelve, each licensed by the Child Care Licensing Unit.
The New Hampshire ladder, tier by tier
| Tier | Children | Age limits | Your own kids |
|---|---|---|---|
| Family day care home (He-C 4002 term: family child care home)license | up to 6 |
| Count |
| Family group day care home (He-C 4002 term: family group child care home)license | 7 to 12 |
| Count |
Age limits and totals for every tier, with row-level citations, live on the New Hampshire home daycare ratios page.
What changes this answer
Related children count until ten in the statute, six in the rule
RSA 170-E:2, IV(a) says the six children include foster children residing in the home and all children related to the caregiver except those ten years of age or older. He-C 4002.33(l), adopted August 26, 2025, counts the provider’s own, foster and resident children only up to six years. The statute is the higher text and the record follows it, with the rule beside it.
School-age children on top
A family home may add three school-age children, and a family group home five, when school is not in session or before and after school, under RSA 170-E:2, IV and He-C 4002.33.
A felony for an organisation
Operating without a license or permit is a class A misdemeanor for a natural person and a class B felony for any other person under RSA 170-E:21, I, with each day a separate offense.
Real questions, short answers
How many kids can you watch in New Hampshire without a license?
Four children in addition to any number of your own, cared for regularly in your home, under RSA 170-E:3, I(c). Care only for your own, related and resident children is also outside licensing under I(h).
Do my own children count in a New Hampshire family day care home?
Yes, under the statute, while they are under ten: RSA 170-E:2, IV(a) counts all related and foster children in the six except those ten or older. The 2025 rule counts them to age six.
How many babies can a New Hampshire family day care home have?
Two children under twenty-four months, within four under thirty-six months, in a home of six under He-C 4002.33(m).
What is a family group day care home?
A home for seven to twelve children with an assistant, under RSA 170-E:2, IV(b) and He-C 4002.33(o), plus up to five school-age children when school is not in session.
What is the penalty for unlicensed child care in New Hampshire?
A class A misdemeanor for an individual and a class B felony for any other person, per RSA 170-E:21, each day a separate offense.
Other states we have verified
Sources for New Hampshire
- 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.