Oregon DELC Child Care Licensing Division
Oregon takes two arrangements out of licensing under ORS 329A.250(4)(b): care by a person for no more than three children in addition to any children who reside with the person, and care for children from only one family in addition to resident children. Care for the fourth outside child, or for a second family, needs a Family Child Care Registration from the Department of Early Learning and Care, which holds ten children, or a Certified Family Child Care certificate, which holds up to sixteen. Compensation is irrelevant: child care is defined as regular care with or without pay.
| Tier | Children | Age limits | Your own kids |
|---|---|---|---|
| Registered Family Child Care Homeregistration | up to 10 |
| Count |
| Certified Family Child Care Homecertification | up to 16 |
| Count |
Age limits and totals for every tier, with row-level citations, live on the Oregon home daycare ratios page.
Care by a person related to the child by blood or marriage within the fourth degree as determined by civil law is outside the definition, and so is care by a member of the child’s extended family unit as the Division decides case by case, and care in the child’s own home by a babysitter.
Child care reaches only care on a regular basis. Occasional care is separately exempt under ORS 329A.250(4)(b)(H).
OAR 414-210-0400 caps a registered family home at ten children including the provider’s own under ten, with a maximum of six preschool-age or younger, of whom only two may be under twenty-four months, plus four school-age children.
A certified family child care home may care for up to sixteen children, and staffing follows Table A of OAR 414-360-0400: one caregiver covers ten children with none under two, eight with one, seven with two, six with three and four with four; two caregivers reach sixteen.
Three, in addition to any children who live with you, or any number from a single family in addition to your own, per ORS 329A.250(4)(b)(E) and (F).
No. ORS 329A.250(4)(a) defines child care as care provided on a regular basis with or without compensation.
Ten, including the provider’s own children under ten, with no more than six preschool-age or younger and only two of those under twenty-four months, per OAR 414-210-0400.
Table A of OAR 414-360-0400 gives one caregiver ten children with no child under two, eight with one under two, seven with two, six with three, and four with four.
Operating without required certification is a Class A misdemeanor under ORS 329A.990, and each day of violation is a separate offense.
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.