North Dakota rulebook · checked October 2026
In North Dakota, you may watch up to 5 counted children before a license is required — and North Dakota counts your own children (under 12) in that number.
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Licensing agency: North Dakota Department of Health and Human Services — Early Childhood Licensing Unit
The line: In North Dakota, you may watch up to 5 counted children before a license is required — and North Dakota counts your own children (under 12) in that number.
Your own children: counted — North Dakota includes your own children (under 12) in the numbers that decide your category.
Even below the line: At or below the line you may choose SELF-DECLARATION — a voluntary registration (NDAC 75-03-07.1). It is not required to operate, but it is the door to subsidy families and the state's provider listings.
| Category | Capacity | What it means |
|---|---|---|
| Family Child Care (licensed) | up to 7 | Up to 7 children, no more than 3 under 24 months, plus 2 additional school-age children. The count includes every child present under age 12, your own included (your own child over 11 is the exception). |
| Group Child Care (licensed) | up to 30 | 8 to 30 children, in a home or another building, with capacity set by space, ratios and local ordinance. Above 30 is a child care center. |
Rules checked October 2026 · Sources: NDCC §§ 50-11.1-02, 50-11.1-02.1 (who counts: all children present under 12), 50-11.1-03 (license required above 5 / above 3 under 24 months; fees); NDAC 75-03-07.1 (self-declaration), 75-03-08.1 (family child care), 75-03-09 (group); North Dakota HHS — Childcare Licensing. This page reads the published rules; it is not legal advice, and the North Dakota Department of Health and Human Services — Early Childhood Licensing Unit is the final word.