Relatives are a fixed list
Related means parent, grandparent, brother, sister, aunt, uncle and first cousin, by marriage, blood or adoption, even after the death or divorce of a natural parent. A second cousin is unrelated for the count.
Rhode Island DHS Office of Child Care Licensing
How many kids can you watch without a license in Rhode Island?
Verified September 5, 2026Rhode Island licenses from the fourth child. R.I. Gen. Laws 42-12.5-2(9) defines a family daycare home as any home other than the child’s own in which child day care is offered at the same time to four or more children who are not relatives of the caregiver, and 42-12.5-5 requires a license from the Department of Human Services. Three unrelated children sit below the line. The 2026 regulation, 218-RICR-70-00-2 effective August 9, 2026, licenses a family child care home for six children alone or eight with an approved assistant, and a group family child care home for eight to twelve with one or more assistants.
The Rhode Island ladder, tier by tier
| Tier | Children | Age limits | Your own kids |
|---|---|---|---|
| Family Child Care Homeri fcch license | up to 8 |
| Count |
| Group Family Child Care Homeri gfcch license | 8 to 12 |
| Count |
Age limits and totals for every tier, with row-level citations, live on the Rhode Island home daycare ratios page.
What changes this answer
Children in the house count once they are not yet in kindergarten
Under 2.3.4(B)(5), children living in the residence who are not yet attending kindergarten, foster children included, count toward licensed capacity. A related child aged five to twelve who is home for less than three consecutive hours while the home operates does not count in ratio.
Eighteen months is the pivot
A provider alone may have no more than two children under eighteen months among six; with an assistant on site, four among eight. A group home with one assistant holds twelve with four under eighteen months, and with two assistants twelve with eight under eighteen months. A group made entirely of children under three runs at four to one.
The statute and the rule disagree on the group floor
R.I. Gen. Laws 42-12.5-2(10) describes a group family daycare home as nine to twelve children; the 2026 rule licenses it from eight. The record follows the later rule and prints the statute beside it. The former Part 7 group regulation was repealed on the same date and folded into Part 2.
Real questions, short answers
How many kids can you watch in Rhode Island without a license?
Three children who are not your relatives. R.I. Gen. Laws 42-12.5-2(9) defines a family daycare home at four or more non-relative children at the same time.
How many children can a Rhode Island family child care home have?
Six without an assistant on site, with no more than two under eighteen months, or eight with an approved assistant, with no more than four under eighteen months, per 218-RICR-70-00-2 2.3.4(B).
What is a group family child care home in Rhode Island?
A family child care home in a residence that meets local zoning, licensed for eight to twelve children with one or more approved assistants, per 2.1.4(A)(8).
Do my own children count in Rhode Island?
Children living in the residence who are not yet attending kindergarten count toward licensed capacity, per 2.3.4(B)(5)(a), with a possible exception for a child in a full-day preschool.
What happens if all the children are under three?
A four-to-one ratio applies: a provider alone may have four, and even with assistants the four-to-one ratio must be maintained under 2.3.4(B).
Other states we have verified
Sources for Rhode Island
- 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.