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DaycareRules

North Dakota HHS Early Childhood Licensing

North Dakota home daycare ratios by age

Verified September 5, 2026

North Dakota stacks its home categories by size. Up to 5 children through age eleven, no more than 3 under 24 months, needs no license and may be self-declared or registered in-home. Family child care runs to 9 on the statutory mixes, for example 7 not yet in school with at most 3 under 24 months. Group child care covers 8 to 30 children and staffs by a fractional point formula in which each child adds a weight by age, capped at 4 children under 18 months per caregiver.

Every tier, every cap

Self-declaration

  • No more than 5 (counted) N.D. Cent. Code § 50-11.1-02(27)
  • No more than 3 under24 N.D. Cent. Code § 50-11.1-02(27)

Your own children: count toward these caps (under 12 years).

In-home provider (registered)

  • No more than 5 (counted) N.D. Admin. Code § 75-03-07-04(5)
  • No more than 3 under24 N.D. Admin. Code § 75-03-07-04(5)

Your own children: count toward these caps (under 12 years).

Family child care

  • No more than 9 (counted) N.D. Cent. Code § 50-11.1-02(7)
  • Option 1: up to 9 counted, max 7 notSchoolAge, max 3 under24 N.D. Cent. Code § 50-11.1-03(1); § 50-11.1-02(7)
  • Option 2: up to 6 counted, max 4 notSchoolAge, max 4 under24 N.D. Cent. Code § 50-11.1-03(1); § 50-11.1-02(7)

Your own children: count toward these caps (under 12 years).

Group child care

  • No more than 30 (counted) N.D. Cent. Code § 50-11.1-03(2)
  • Point budget: at most 1.34 points per caregiver (under18 0.25, m18to36 0.2, m36to48 0.14, m48to60 0.1, m60to72 0.08, m72to144 0.05; older children 0) N.D. Admin. Code § 75-03-09-09(2)(b)(1)-(6)
  • No more than 4 under18 N.D. Admin. Code § 75-03-09-09(2)(b)(7)
  • Option 1: up to 9 counted, max 7 notSchoolAge, max 3 under24 N.D. Admin. Code § 75-03-09-09(2)(a)-(b)
  • Option 2: max 4 under18 N.D. Admin. Code § 75-03-09-09(2)(a)-(b)

With an assistant: No more than 30 (counted); Point budget: at most 2.34 points per caregiver (under18 0.25, m18to36 0.2, m36to48 0.14, m48to60 0.1, m60to72 0.08, m72to144 0.05; older children 0); No more than 8 under18

Your own children: count toward these caps (under 12 years).

How North Dakota defines the age bands

  • Infant (younger than twelve months): 0 to 12 months
  • Younger than eighteen months: 0 to 18 months
  • Under twenty four months: 0 to 24 months
  • Eighteen months to thirty six months: 18 to 36 months
  • Thirty six months to four years: 36 to 48 months
  • Four years to five years: 48 to 60 months
  • Five years to six years: 60 to 72 months
  • Six years to twelve years: 72 to 144 months
  • Not school age (under five years): 0 to 60 months
  • School age children (at least five years but less than twelve years): 60 to 144 months
  • Counted children (under the age of twelve years): 0 to 144 months

Mixed ages in one room

The statute counts under 24 months as the binding band for homes; the group formula weights under 18 months highest, then 18 to 36, 36 to 48, 48 to 60, 60 to 72 and school-age children.

Real questions, short answers

What is the infant limit for an unlicensed North Dakota provider?

Three children under 24 months inside the five-child allowance; four or more children 24 months and under require a family child care license, per 50-11.1-03(1).

How does the group child care formula work?

Each child adds an age weight, highest for under 18 months, and a caregiver's total may not exceed the point cap in N.D. Admin. Code 75-03-09-09(2), with a hard limit of 4 children under 18 months per caregiver.

Do school-age children count in North Dakota homes?

Yes, all children present under age 12 count toward every home category's total.

Keep reading

Sources for North Dakota

  • N.D. Cent. Code chapter 50-11.1, Legislative Council compilation reflecting S.L. 2025 50-11.1-02, 50-11.1-02.1, 50-11.1-03, 50-11.1-16
  • N.D. Admin. Code chapters 75-03-07, 75-03-07.1, 75-03-08 and 75-03-09, history through April 1, 2024 75-03-07-04, 75-03-09-09

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.