Ohio Childcare License Exemption Threshold (2026)

Ohio law does not state an explicit number-of-children threshold below which residential child care is license-exempt

ORC 5104.02). Express statutory licensing exemptions in ORC 5

instead it defines regulated categories and requires a license for any of them.

ORC 5104.02). Express statutory licensing exemptions in ORC 5

Under the current ORC 5104.01, a Type B family child care home is a permanent residence providing care for one to seven children at one time (no more than three under age two), a child care center is any non-residence providing care for seven or more children at one time, and a Type A family child care home is a residence serving eight to fourteen children (or four to fourteen if four or more are under age two)

or four to fourteen if four or more are under age two

ORC 5104.02(A) prohibits operating a child care center or Type A home without a license issued under section 5104.03 (ORC 5104.01

A

Express statutory licensing exemptions in ORC 5104.02 include short-term programs running two consecutive weeks or less (not more than six weeks per calendar year) and care provided in a place of worship during religious activities while a parent/guardian is on-site and readily available.

not more than six weeks per calendar year

Ohio licenses two family-home tiers: a Type B family child care home serves one to seven children at one time with no more than three under age two, and a Type A family child care home serves eight to fourteen children (or four to fourteen if four or more are under age two)

or four to fourteen if four or more are under age two

under the ratio rule, one caregiver may care for a maximum of seven children with no more than three under age two, so a Type A home requires at least two caregivers - 'one staff member: seven or fewer children, no more than three under two years of age' and 'two staff members: eight to fourteen children' (ORC 5104.01

ORC 5104.01

How many children can I care for in Ohio without a license?

Ohio law does not state an explicit number-of-children threshold below which residential child care is license-exempt; instead it defines regulated categories and requires a license for any of them. Under the current ORC 5104.01, a Type B family child care home is a permanent residence providing care for one to seven children at one time (no more than three under age two), a child care center is any non-residence providing care for seven or more children at one time, and a Type A family child care home is a residence serving eight to fourteen children (or four to fourteen if four or more are under age two); ORC 5104.02(A) prohibits operating a child care center or Type A home without a license issued under section 5104.03 (ORC 5104.01; ORC 5104.02). Express statutory licensing exemptions in ORC 5104.02 include short-term programs running two consecutive weeks or less (not more than six weeks per calendar year) and care provided in a place of worship during religious activities while a parent/guardian is on-site and readily available.

What is the penalty for operating unlicensed in Ohio?

Operating above the Ohio exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Ohio Department of Job and Family Services, Bureau of Child Care and Development about the correct credential before you begin.

Does Ohio offer a voluntary registration for small providers?

Some states let providers below the exemption threshold register voluntarily. Confirm whether Ohio offers a voluntary registry with the Ohio Department of Job and Family Services, Bureau of Child Care and Development.