New Hampshire Childcare Licensing
New Hampshire Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in New Hampshire, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. A private home may care for any number of the provider's own children (biological or adopted) plus up to 4 additional children, regularly for any part of the day but less than 24 hours, without a child care license (RSA 170-E:3, I(c)); once 5 or more unrelated children are in care the home must be licensed as a family day care home (a 'family day care home' provides care for up to 6 children from one or more unrelated families per RSA 170-E:2), which the He-C 4002 rules term family child care.
Licensing Agency
New Hampshire Department of Health and Human Services, Child Care Licensing Unit (CCLU) →Last updated: April 2026
Researched by the TotReady Research TeamNew Hampshire License Exemption Threshold: The Specifics
A private home may care for any number of the provider's own children (biological or adopted) plus up to 4 additional children, regularly for any part of the day but less than 24 hours, without a child care license (RSA 170-E:3, I(c))
RSA 170-E:3, I(c)
once 5 or more unrelated children are in care the home must be licensed as a family day care home (a 'family day care home' provides care for up to 6 children from one or more unrelated families per RSA 170-E:2), which the He-C 4002 rules term family child care.
a 'family day care home' provides care for up to 6 children from one or more unrelated families per RSA 170-E:2
One family child care provider may care for up to 6 preschool children plus 3 school-age children enrolled in a full-day school program, with no more than 4 children younger than 36 months and no more than 2 younger than 24 months
He-C 4002.34(n),(q)
a family group child care arrangement (a family child care provider plus a family child care worker or assistant) may care for up to 12 preschool children plus 5 school-age children, with no more than 4 of the children younger than 36 months (He-C 4002.34(n),(q)).
He-C 4002.34(n),(q)
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New Hampshire License Exemption Threshold: Frequently Asked Questions
How many children can I care for in New Hampshire without a license?
A private home may care for any number of the provider's own children (biological or adopted) plus up to 4 additional children, regularly for any part of the day but less than 24 hours, without a child care license (RSA 170-E:3, I(c)); once 5 or more unrelated children are in care the home must be licensed as a family day care home (a 'family day care home' provides care for up to 6 children from one or more unrelated families per RSA 170-E:2), which the He-C 4002 rules term family child care.
What is the penalty for operating unlicensed in New Hampshire?
Operating above the New Hampshire exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the New Hampshire Department of Health and Human Services, Child Care Licensing Unit (CCLU) about the correct credential before you begin.
Does New Hampshire offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether New Hampshire offers a voluntary registry with the New Hampshire Department of Health and Human Services, Child Care Licensing Unit (CCLU).
New Hampshire childcare licensing rules are amended regularly. This page is compiled from published New Hampshire administrative codes and statutes for informational purposes only — always verify current requirements with the New Hampshire Department of Health and Human Services, Child Care Licensing Unit (CCLU) before relying on them. TotReady provides information and document templates, not legal or regulatory advice.