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DaycareRules

North Dakota HHS Early Childhood Licensing

How many kids can you watch without a license in North Dakota?

Verified September 5, 2026

North Dakota requires a family child care license once early childhood services are provided for four or more children ages 24 months and under, or for six or seven children through age eleven with no more than three under 24 months, per N.D. Cent. Code 50-11.1-03(1). Below those triggers, up to five children through age eleven with at most three under 24 months, no license applies, and the state offers a voluntary self-declaration for exactly that range. The count includes every child present under 12, the provider's own included.

The North Dakota ladder, tier by tier

North Dakota home child care tiers with capacity and age limits
TierChildrenAge limitsYour own kids
Self-declarationself declarationup to 5
  • 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)
Count
In-home provider (registered)in home registrationup to 5
  • 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)
Count
Family child carefcc licenseup to 9
  • 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)
Count
Group child caregcc license8 to 30
  • 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)
Count

Age limits and totals for every tier, with row-level citations, live on the North Dakota home daycare ratios page.

What changes this answer

Everyone present counts

For every home category all children present on the premises under age 12 must be counted, and the chapter protects them regardless of whether money or goods are received. A provider's own child, foster child or grandchild over age eleven is exempt from the count.

Self-declaration is voluntary

A provider caring for up to five children through age eleven, no more than three under 24 months, may apply for a self-declaration document; the statute says the application is voluntary and the department approves or denies it.

Family versus group licenses

Family child care runs to 9 children on the statutory age mixes; group child care covers 8 to 30 children and uses a fractional point formula in N.D. Admin. Code 75-03-09-09 to set staffing, with at most 4 children under 18 months per caregiver.

Penalties after notice

Operating without a required license after written notice draws a civil penalty of fifty dollars per day of operation under the chapter.

Real questions, short answers

How many kids can you watch in North Dakota without a license?

Up to five children through age eleven, of whom no more than three may be under 24 months. A license is required at four or more children 24 months and under, or six or seven children with at most three under 24 months, per N.D. Cent. Code 50-11.1-03(1).

Do my own children count toward the five?

Yes while they are under 12; all children present on the premises under age twelve are counted, and only a provider's own child, foster child or grandchild over eleven is exempt, per 50-11.1-02.1.

What is self-declaration?

Voluntary documentation with the department for a provider caring for up to five children through age eleven with at most three under 24 months, per 50-11.1-02(27) and 50-11.1-16.

How many children can a family child care license cover?

Up to nine children through age eleven on the statutory mixes, for example seven not yet in school with at most three under 24 months, per 50-11.1-02(7) and 50-11.1-03(1).

Does relative care need a license in North Dakota?

The chapter counts all children present regardless of relationship, exempting only the provider's own child, foster child or grandchild over eleven; the Child Care Assistance Program separately recognizes approved relative providers for subsidy purposes.

Other states we have verified

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.