North Dakota Childcare Licensing
North Dakota Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in North Dakota, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. A family child care license is required once early childhood services are provided for four or more children ages twenty-four months and under, or six or seven children through age eleven (including no more than three under twenty-four months) at any one time; below that threshold a person may operate without a license, including under a voluntary "self-declaration" for up to five children through age eleven of which no more than three may be under twenty-four months of age (NDCC 50-11.1-03(1) and 50-11.1-02(27)).
Licensing Agency
North Dakota Department of Health and Human Services, Early Childhood Services (Early Childhood Licensing unit) →Last updated: April 2026
Researched by the TotReady Research TeamNorth Dakota License Exemption Threshold: The Specifics
A family child care license is required once early childhood services are provided for four or more children ages twenty-four months and under, or six or seven children through age eleven (including no more than three under twenty-four months) at any one time
including no more than three under twenty-four months
below that threshold a person may operate without a license, including under a voluntary "self-declaration" for up to five children through age eleven of which no more than three may be under twenty-four months of age (NDCC 50-11.1-03(1) and 50-11.1-02(27)).
NDCC 50-11.1-03(1) and 50-11.1-02(27)
A family child care may serve no more than seven children at any one time, of which no more than three may be under twenty-four months of age, plus up to two additional school-age children
NDCC 50-11.1-02(7), 50-11.1-03(1), and 50-11.1-02.1
a license is triggered at four or more children twenty-four months and under, or six or seven children through age eleven.
NDCC 50-11.1-02(7), 50-11.1-03(1), and 50-11.1-02.1
The provider's own children under age twelve count toward the total, while the provider's own children, foster children, or grandchildren over age eleven are exempt (NDCC 50-11.1-02(7), 50-11.1-03(1), and 50-11.1-02.1).
NDCC 50-11.1-02(7), 50-11.1-03(1), and 50-11.1-02.1
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North Dakota License Exemption Threshold: Frequently Asked Questions
How many children can I care for in North Dakota without a license?
A family child care license is required once early childhood services are provided for four or more children ages twenty-four months and under, or six or seven children through age eleven (including no more than three under twenty-four months) at any one time; below that threshold a person may operate without a license, including under a voluntary "self-declaration" for up to five children through age eleven of which no more than three may be under twenty-four months of age (NDCC 50-11.1-03(1) and 50-11.1-02(27)).
What is the penalty for operating unlicensed in North Dakota?
Operating above the North Dakota exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the North Dakota Department of Health and Human Services, Early Childhood Services (Early Childhood Licensing unit) about the correct credential before you begin.
Does North Dakota offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether North Dakota offers a voluntary registry with the North Dakota Department of Health and Human Services, Early Childhood Services (Early Childhood Licensing unit).
North Dakota childcare licensing rules are amended regularly. This page is compiled from published North Dakota administrative codes and statutes for informational purposes only — always verify current requirements with the North Dakota Department of Health and Human Services, Early Childhood Services (Early Childhood Licensing unit) before relying on them. TotReady provides information and document templates, not legal or regulatory advice.