Home Daycare Check.

North Dakota rulebook · checked October 2026

Watching Kids at Home in North Dakota: How Many Before You Need a License?

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.

Run the free North Dakota check

The North Dakota line, in facts

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.

The categories above the line

CategoryCapacityWhat it means
Family Child Care (licensed)up to 7Up 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 308 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.

What comes with the license

What catches people in North Dakota

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.

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