Kansas Childcare Licensing
Kansas Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in Kansas, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. Kansas sets no numeric "unrelated children" exemption: a license is required to conduct or maintain a child care facility caring for one or more children under 16 years of age, unattended by parent or guardian (K.S.A. 65-501; K.S.A. 65-503(c)(1)), and the only relatives excluded from the "child care facility" definition are children "related to the person by blood, marriage or legal adoption" (K.S.A. 65-503(c)(1)), so caring for even one unrelated child outside the relative exemption triggers licensing; the sole statutory exemptions in K.S.A. 65-501 are (a) a residential facility or hospital operated and maintained by a state agency and (b) an accredited summer instructional camp operated by a Kansas educational institution for not more than five weeks for children all 10 years of age and older (K.S.A. 65-501(a)-(b)).
Licensing Agency
Kansas Department of Health and Environment (KDHE), Division of Public Health, Bureau of Family Health, Child Care Licensing Program →Last updated: April 2026
Researched by the TotReady Research TeamKansas License Exemption Threshold: The Specifics
Kansas sets no numeric "unrelated children" exemption: a license is required to conduct or maintain a child care facility caring for one or more children under 16 years of age, unattended by parent or guardian (K.S.A. 65-501
facility or hospital operated and maintained by a state agency and (b)
K.S.A. 65-503(c)(1)), and the only relatives excluded from the "child care facility" definition are children "related to the person by blood, marriage or legal adoption" (K.S.A. 65-503(c)(1)), so caring for even one unrelated child outside the relative exemption triggers licensing
K.S.A. 65-503(c)(1)
the sole statutory exemptions in K.S.A. 65-501 are (a) a residential facility or hospital operated and maintained by a state agency and (b) an accredited summer instructional camp operated by a Kansas educational institution for not more than five weeks for children all 10 years of age and older (K.S.A. 65-501(a)-(b)).
facility or hospital operated and maintained by a state agency and (b)
A one-provider family child care home has a maximum group size of 10 children when serving children at least 2.5 but under 10 years of age, with infant sub-limits under K.A.R. 28-4-114(e) Table I allowing up to 1 child under 12 months while still serving 10 total, dropping to 9 total with 2 infants and 8 total with 3 infants (3 infants being the one-provider maximum)
3 infants being the one-provider maximum
a second provider is required once counts exceed the one-provider limits, raising the maximum group size to 12 children (Table III), with up to 5 children under 12 months permitted at that 12-child cap (K.A.R. 28-4-114(e), effective August 2, 2024).
K.A.R. 28-4-114(e), effective August 2, 2024
Go Deeper
Generate a Kansas-Compliant Handbook
TotReady builds a fully compliant parent handbook for your Kansas childcare center in minutes — every required section, your branding, and regulatory citations included.
Kansas License Exemption Threshold: Frequently Asked Questions
How many children can I care for in Kansas without a license?
Kansas sets no numeric "unrelated children" exemption: a license is required to conduct or maintain a child care facility caring for one or more children under 16 years of age, unattended by parent or guardian (K.S.A. 65-501; K.S.A. 65-503(c)(1)), and the only relatives excluded from the "child care facility" definition are children "related to the person by blood, marriage or legal adoption" (K.S.A. 65-503(c)(1)), so caring for even one unrelated child outside the relative exemption triggers licensing; the sole statutory exemptions in K.S.A. 65-501 are (a) a residential facility or hospital operated and maintained by a state agency and (b) an accredited summer instructional camp operated by a Kansas educational institution for not more than five weeks for children all 10 years of age and older (K.S.A. 65-501(a)-(b)).
What is the penalty for operating unlicensed in Kansas?
Operating above the Kansas exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Kansas Department of Health and Environment (KDHE), Division of Public Health, Bureau of Family Health, Child Care Licensing Program about the correct credential before you begin.
Does Kansas offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether Kansas offers a voluntary registry with the Kansas Department of Health and Environment (KDHE), Division of Public Health, Bureau of Family Health, Child Care Licensing Program.
Kansas childcare licensing rules are amended regularly. This page is compiled from published Kansas administrative codes and statutes for informational purposes only — always verify current requirements with the Kansas Department of Health and Environment (KDHE), Division of Public Health, Bureau of Family Health, Child Care Licensing Program before relying on them. TotReady provides information and document templates, not legal or regulatory advice.