New Jersey DCF Office of Licensing
New Jersey’s registered family child care home is capped at five children at one time under N.J.A.C. 3A:54-6.1(a), and may reach eight only with up to three additional school-age children on the conditions in 6.1(b). Infants are limited by 3A:54-6.2: three children below one year, or four below two years with no more than two below one. A second caregiver, the alternate provider, substitute or provider assistant, must be present in the situations 6.2(b) lists, and all children under six who live with the provider or the second caregiver count in that decision. Six or more children under thirteen in any home is a child care center under 3A:52.
With an assistant: No more than 5 children in care at once; No more than 8 children in care at once
Your own children: count toward these caps (under 6 years).
Below one year and below two years are the binding bands, and they nest: two of the four under two may be under one.
Three below one year, or four below two years with no more than two of them below one, per N.J.A.C. 3A:54-6.2(a).
Up to eight, with three additional school-age children present outside school hours on the conditions in 3A:54-6.1(b).
Center ratios under N.J.A.C. 3A:52, because six or more children under thirteen make the home a child care center.
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.