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DaycareRules

Ohio Department of Children and Youth

How many kids can you watch without a license in Ohio?

Verified September 5, 2026

Ohio sorts home care into two types by size. A type B family child care home is a residence caring for 1 to 7 children at one time with no more than 3 under two years of age. A type A home is 8 to 14 children, or 4 to 14 when four or more of them are under two. The licensing prohibition in Ohio Rev. Code 5104.02(A) names a child care centre and a type A home: no person shall operate one without a licence. Type B homes are licensed too, and the chapter calls the licensed ones "licensed type B homes", but that prohibition sentence does not reach them. A type B licence is what a provider takes on to serve publicly funded children.

The Ohio ladder, tier by tier

Ohio home child care tiers with capacity and age limits
TierChildrenAge limitsYour own kids
Type A family child care homelicense type a8 to 14
  • No more than 7 children in care at once Ohio Admin. Code 5180:2-13-18(A)(1)
  • No more than 3 under two Ohio Admin. Code 5180:2-13-18(A)(1)
Count
Type B family child care homelicense type b1 to 7
  • No more than 7 children in care at once Ohio Admin. Code 5180:2-13-18(A)(3)
  • No more than 3 under two Ohio Admin. Code 5180:2-13-18(A)(3)
Count
In-Home Aidecert in home aidesee ruleSee rule

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

What changes this answer

Related children under six count

When counting children for either type, any child under six years of age who is related to the provider and is on the premises is counted. Ohio Admin. Code 5180:2-13-01 lists the relationships that count for group size: grandchildren, sons, daughters, step and half siblings, nieces, nephews and first cousins by blood, marriage or adoption.

Four babies pull a home into type A

The type A definition has a second branch: a residence caring for 4 to 14 children at one time is a type A home if four or more of those children are under two years of age. A small home with four babies is therefore in the licensed tier at four children, not eight.

Seven per staff member since July 2026

Ohio Admin. Code 5180:2-13-18, effective July 1, 2026, gives each child care staff member no more than 7 children at one time and no more than 3 of them under two years of age. A type A home stops at 14 children at any one time, a type B home at 7.

Capacity is a number on the license

The rules set ceilings, not entitlements. Licensed capacity is determined for each home and printed on its licence, so a type A home is not automatically licensed for 14.

Real questions, short answers

How many kids can you watch in Ohio without a license?

Up to seven, with no more than three of them under two years of age. That range is a type B family child care home, and the prohibition in Ohio Rev. Code 5104.02(A) covers only child care centres and type A homes. A licence for a type B home is available and is required to serve publicly funded children.

When does Ohio require a type A license?

At eight children at one time, and earlier when four or more of the children are under two years of age, because the type A definition covers 4 to 14 children in that case, per Ohio Rev. Code 5104.01.

Do my own children count in Ohio?

Children under six years of age who are related to the provider and are on the premises count toward the total. Older related children are outside the count.

How many children under 2 can one Ohio staff member have?

Three. Each child care staff member cares for no more than seven children at any one time and no more than three of them may be under two years of age, per Ohio Admin. Code 5180:2-13-18(A).

What is an in-home aide in Ohio?

A person who does not live with the child and provides care in the child’s own home, certified by a county director rather than licensed as a home. Ohio Rev. Code 5104.01 defines the role; its capacity rules sit in section 5104.12, outside the chapter we read.

Other states we have verified

Sources for Ohio

  • Ohio Rev. Code ch. 5104, section 5104.01 effective September 30, 2025 and 5104.02 effective April 9, 2025 5104.01, 5104.02
  • Ohio Admin. Code ch. 5180:2-13, licensed family child care, ratio rule effective July 1, 2026 5180:2-13-01, 5180:2-13-18

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.