Rhode Island sets home capacity by who is on site. A family child care provider alone: six children, no more than two under eighteen months. With one approved assistant: eight children, no more than four under eighteen months, and the assistant must be present whenever the count passes six or the under-eighteen-month count passes two. A group provider with one assistant: twelve children, four under eighteen months. With two assistants: twelve, eight under eighteen months. When every child is under three, four to one applies at each staffing level.
Every tier, every cap
Family Child Care Home
No more than 6 children in care at once 218-RICR-70-00-2 § 2.3.4(B)(1)
No more than 2 under 18 months 218-RICR-70-00-2 § 2.3.4(B)(1)(a)
Option 1: up to 6 children, max 2 under 18 months 218-RICR-70-00-2 § 2.3.4(B)(1)(b), read with (B)(1) and (B)(1)(a)
Option 2: up to 4 children 218-RICR-70-00-2 § 2.3.4(B)(1)(b), read with (B)(1) and (B)(1)(a)
With an assistant: an additional adult is required above 6 children. No more than 8 children in care at once; No more than 4 under 18 months
Your own children: count toward these caps.
Group Family Child Care Home
No more than 12 children in care at once 218-RICR-70-00-2 § 2.3.4(B)(4) staffing chart, the row "Group Provider licensed for up to twelve (12) with one approved assistant on site"
No more than 4 under 18 months 218-RICR-70-00-2 § 2.3.4(B)(4) staffing chart, the row "Group Provider licensed for up to twelve (12) with one approved assistant on site"
With an assistant: an additional adult is required above 6 children. No more than 12 children in care at once; No more than 8 under 18 months
Your own children: count toward these caps.
How Rhode Island defines the age bands
Under eighteen (18) months: 0 to 18 months
Under three (3) years of age: 0 to 36 months
Resident children, including foster children, not yet attending kindergarten (not school age): 0 to open months
Related child aged five to twelve (5 12) years: 60 to 144 months
Resident school age children under the age of twelve (12), summer and school vacation weeks: 0 to 144 months
Mixed ages in one room
Under eighteen months is the binding band and it doubles with each assistant, two, four, eight. Children in the residence not yet in kindergarten count toward capacity.
Real questions, short answers
How many infants can a Rhode Island provider have alone?
Two under eighteen months among six children, per 2.3.4(B)(1)(a).
When must an assistant be present in a Rhode Island family home?
Whenever the number of children exceeds six or the number under eighteen months exceeds two, per 2.3.4(B)(2)(b).
How many under eighteen months can a group home take?
Four with one approved assistant, eight with two, in a home of twelve, per the 2.3.4(B)(4) chart and 2.3.4(B)(3)(a).
R.I. Gen. Laws chapter 42-12.5, Licensing and Monitoring of Child Daycare Providers, P.L. 2019 42-12.5-2, 42-12.5-5
218-RICR-70-00-2, Family Child Care Home Regulations for Licensure, amendment effective August 9, 2026 2.1.4, 2.3.4
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.