New Mexico ties home staffing to the number under two. A family child care home of five or six children keeps one educator present at all times and no more than two children under two per educator; a home specifically licensed for infants may hold up to four under two with two educators. A group child care home of seven to twelve must have two educators whenever more than six children or more than two children under two are present, under 8.9.4.33 NMAC, and no home may be licensed for more than twelve. Registered non-licensed homes hold four nonresident children, two under two, and six under six including the caregiver’s own.
Every tier, every cap
Registered family child care home
No more than 4 (nonresident) 8.9.5.21 NMAC (Group Composition Requirements), Subsection A
No more than 2 under24m 8.9.5.21 NMAC (Group Composition Requirements), Subsection B
No more than 6 under72m 8.9.5.21 NMAC (Group Composition Requirements), Subsection C
No more than 4 (nonresident including shift change) 8.9.5.21 NMAC (Group Composition Requirements), Subsection E
Your own children: count toward these caps (under 6 years).
Family child care home
No more than 6 children in care at once 8.9.4.30(A) NMAC (FAMILY CHILD CARE HOME AND GROUP CHILD CARE HOME REGULATIONS: APPLICABILITY; 8.9.4.30 NMAC - N, 11/01/2022)
No more than 2 under two 8.9.4.33(A)(6) NMAC (PERSONNEL AND STAFFING REQUIREMENTS FOR HOMES; 8.9.4.33 NMAC - N, 11/01/2022; A, 10/08/2024)
With an assistant: No more than 6 children in care at once; No more than 4 under two
Your own children: count toward these caps (under 6 years).
Group child care home
No more than 6 children in care at once 8.9.4.33 NMAC (Personnel and Staffing Requirements for Homes), Subsection A, Paragraph (7)
No more than 2 under24m 8.9.4.33 NMAC (Personnel and Staffing Requirements for Homes), Subsection A, Paragraph (7)
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 two
Your own children: count toward these caps (under 6 years).
How New Mexico defines the age bands
Children under the age of two (the band that drives home licensing and the second educator requirement): 0 to 24 months
Educator's own children under the age of six (counted in a licensed home's capacity): 0 to 72 months
Infant (licensed homes and centers, 8.9.4 NMAC): a child age six weeks to 12 months: 1.5 to 12 months
Toddler: a child age 12 months to 24 months: 12 to 24 months
School age: a child in care who is age five to 18 years: 60 to 216 months
Child: a person who is under the chronological age of 18 years: 0 to 216 months
Registered homes: children under two years old (cap of two, including the caregiver's own children): 0 to 24 months
Registered homes: children under six years old (cap of six, including the caregiver's own children): 0 to 72 months
Infant (registered homes, 8.9.5 NMAC): a child from birth to 12 months: 0 to 12 months
Mixed ages in one room
Under two is the binding band in both licensed sizes. An infant is six weeks to twelve months and a toddler twelve to twenty-four months in the licensing part.
Real questions, short answers
How many children under two can one New Mexico educator have?
Two. A third child under two requires a second educator and a specific infant license under 8.9.4.30 and 8.9.4.33.
When does a New Mexico group home need two educators?
Whenever more than six children are present, or more than two children under two, per 8.9.4.33 NMAC.
What is the capacity of a registered home in New Mexico?
Four nonresident children at one time, no more than two under two, and no more than six under six counting the caregiver’s own, per 8.9.5.21 NMAC.
8.9.4 NMAC, Child Care Licensing, effective November 1, 2022 with amendments through October 8, 2024 8.9.4.7, 8.9.4.9, 8.9.4.13, 8.9.4.30, 8.9.4.31, 8.9.4.33
8.9.5 NMAC, Non-Licensed Child Care, effective November 1, 2022 8.9.5.2, 8.9.5.7, 8.9.5.21
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.