Indiana Childcare Licensing
Indiana Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in Indiana, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. A child care home in Indiana does NOT require a license if the provider: (1) does not receive regular compensation; (2) cares only for children related to the provider; (3) cares for fewer than six (6) children, not counting any child for whom the provider is a parent, stepparent, guardian, custodian, or other relative (so up to 5 unrelated children is license-exempt); or (4) operates to serve migrant children (470 IAC 3-1.1-26). By definition a regulated "child care home" is a residential structure where at least six (6) children, excluding the provider's own/related children, receive care for compensation more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year (470 IAC 3-1.1-7; IC 12-7-2-28.6).
Licensing Agency
Indiana Family and Social Services Administration (FSSA), Office of Early Childhood and Out-of-School Learning (OECOSL) - Bureau of Child Care →Last updated: April 2026
Researched by the TotReady Research TeamIndiana License Exemption Threshold: The Specifics
A child care home in Indiana does NOT require a license if the provider: (1) does not receive regular compensation
1
(2) cares only for children related to the provider
2
(3) cares for fewer than six (6) children, not counting any child for whom the provider is a parent, stepparent, guardian, custodian, or other relative (so up to 5 unrelated children is license-exempt)
so up to 5 unrelated children is license-exempt
or (4) operates to serve migrant children (470 IAC 3-1.1-26).
470 IAC 3-1.1-26
By definition a regulated "child care home" is a residential structure where at least six (6) children, excluding the provider's own/related children, receive care for compensation more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year (470 IAC 3-1.1-7
470 IAC 3-1.1-7
A Class I family child care home has a maximum capacity of twelve (12) children at any one time, plus up to three (3) additional school-age children enrolled in at least Grade 1 during the school year (470 IAC 3-1.1-36.5)
470 IAC 3-1.1-36.5
a Class II home serves more than twelve (12) but not more than sixteen (16) full-time and part-time children at any one time (470 IAC 3-1.3-1).
470 IAC 3-1.3-1
Infant/toddler (birth-24 months) ratio is 6:1, but two of the six must be at least 16 months and walking, otherwise the ratio is 4:1
birth-24 months
a mixed-age birth-6 years group is 10:1 with no more than three children under 16 months (470 IAC 3-1.1-36.5).
470 IAC 3-1.1-36.5
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Indiana License Exemption Threshold: Frequently Asked Questions
How many children can I care for in Indiana without a license?
A child care home in Indiana does NOT require a license if the provider: (1) does not receive regular compensation; (2) cares only for children related to the provider; (3) cares for fewer than six (6) children, not counting any child for whom the provider is a parent, stepparent, guardian, custodian, or other relative (so up to 5 unrelated children is license-exempt); or (4) operates to serve migrant children (470 IAC 3-1.1-26). By definition a regulated "child care home" is a residential structure where at least six (6) children, excluding the provider's own/related children, receive care for compensation more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year (470 IAC 3-1.1-7; IC 12-7-2-28.6).
What is the penalty for operating unlicensed in Indiana?
Operating above the Indiana exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Indiana Family and Social Services Administration (FSSA), Office of Early Childhood and Out-of-School Learning (OECOSL) - Bureau of Child Care about the correct credential before you begin.
Does Indiana offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether Indiana offers a voluntary registry with the Indiana Family and Social Services Administration (FSSA), Office of Early Childhood and Out-of-School Learning (OECOSL) - Bureau of Child Care.
Indiana childcare licensing rules are amended regularly. This page is compiled from published Indiana administrative codes and statutes for informational purposes only — always verify current requirements with the Indiana Family and Social Services Administration (FSSA), Office of Early Childhood and Out-of-School Learning (OECOSL) - Bureau of Child Care before relying on them. TotReady provides information and document templates, not legal or regulatory advice.