New Jersey Childcare Licensing
New Jersey Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in New Jersey, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. A "child care center" requiring licensure is any home or facility maintained for the care, development, or supervision of six or more children under 13 years of age who attend for less than 24 hours a day; a program serving fewer than six children under 13 is not a child care center and is exempt from center licensure, while paid care of up to five children in a private residence falls under separate Family Child Care Registration (N.J.A.C. 3A:52-1.2; N.J.A.C. 3A:54-1.2).
Licensing Agency
New Jersey Division of Family Development, Office of Licensing →Last updated: April 2026
Researched by the TotReady Research TeamNew Jersey License Exemption Threshold: The Specifics
A "child care center" requiring licensure is any home or facility maintained for the care, development, or supervision of six or more children under 13 years of age who attend for less than 24 hours a day
N.J.A.C. 3A:52-1.2
a program serving fewer than six children under 13 is not a child care center and is exempt from center licensure, while paid care of up to five children in a private residence falls under separate Family Child Care Registration (N.J.A.C. 3A:52-1.2
N.J.A.C. 3A:52-1.2
A registered Family Child Care provider may care for no more than five children at one time, expandable to a maximum of eight only when the additional children reside with the provider (and are under six) or with an alternate/substitute provider or provider assistant receiving unpaid care
and are under six
absent a second caregiver, a single provider is limited to three children below one year of age, or four children below two years with no more than two below one year, and a second caregiver must be present whenever any child below six years is present in addition to those infant/toddler maximums (N.J.A.C. 3A:54-6.1
N.J.A.C. 3A:54-6.1
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New Jersey License Exemption Threshold: Frequently Asked Questions
How many children can I care for in New Jersey without a license?
A "child care center" requiring licensure is any home or facility maintained for the care, development, or supervision of six or more children under 13 years of age who attend for less than 24 hours a day; a program serving fewer than six children under 13 is not a child care center and is exempt from center licensure, while paid care of up to five children in a private residence falls under separate Family Child Care Registration (N.J.A.C. 3A:52-1.2; N.J.A.C. 3A:54-1.2).
What is the penalty for operating unlicensed in New Jersey?
Operating above the New Jersey exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the New Jersey Division of Family Development, Office of Licensing about the correct credential before you begin.
Does New Jersey offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether New Jersey offers a voluntary registry with the New Jersey Division of Family Development, Office of Licensing.
New Jersey childcare licensing rules are amended regularly. This page is compiled from published New Jersey administrative codes and statutes for informational purposes only — always verify current requirements with the New Jersey Division of Family Development, Office of Licensing before relying on them. TotReady provides information and document templates, not legal or regulatory advice.