New Mexico ECECD
New Mexico draws its line by residence rather than by relationship. 8.9.4.9(H) NMAC takes out of licensing any individual who in their own home provides care to four or fewer nonresident children. A fifth nonresident child brings the home inside 8.9.4 NMAC, where the Early Childhood Education and Care Department licenses a family child care home for five to six children and a group child care home for seven to twelve. A home below the line may still register under 8.9.5 NMAC, but only to take subsidy or food-program children; registration is not a route to lawful operation above four.
| Tier | Children | Age limits | Your own kids |
|---|---|---|---|
| Registered family child care homeregistration | up to 4 |
| Count |
| Family child care homelicense | 5 to 6 |
| Count |
| Group child care homelicense | 7 to 12 |
| Count |
Age limits and totals for every tier, with row-level citations, live on the New Mexico home daycare ratios page.
The exemption counts nonresident children. A nephew who lives elsewhere counts; the provider’s own children who live in the home do not count toward the four. Inside a licensed home the department counts the educator’s own children under six in the capacity, per 8.9.4.31(B)(2).
A home licensed for six or fewer must have one educator present at all times, and a home caring for more than two children under two must be specifically licensed for that under 8.9.4.30. A group home of seven to twelve needs two educators whenever more than six children or more than two children under two are present, per 8.9.4.33.
8.9.5.2 NMAC limits its scope to non-licensed homes intending to take part in the child and adult care food program or the child care services programs. A registered home cares for no more than four nonresident children, two under two, and six under six including the caregiver’s own.
The 8.9.4 NMAC text read carries internal amendments to October 8, 2024, and ECECD announced an emergency change effective July 1, 2026 whose text is not in our snapshot. We re-check editions on every refresh.
Four or fewer nonresident children in your own home, per 8.9.4.9(H) NMAC. Children who live in the home are not among the four.
A family child care home is a private dwelling licensed for at least five and no more than six children. A group child care home is licensed for seven to twelve, and 8.9.4.31(B)(3) caps any home at twelve.
Two children under two with one educator. A home that wants more than two, up to four, must be specifically licensed for it and staffed with two educators, per 8.9.4.30 and 8.9.4.31(B)(4).
Not toward the four-nonresident exemption. Inside a licensed home the department counts the educator’s own children under six in the capacity of the home.
8.9.4.13 NMAC sets civil monetary penalties by deficiency class, with base ranges that rise from Class C findings to Class A findings.
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.