Montgomery County, OH Home Business: Home Daycare (2026)
Key Facts
- Regulator
- State (ODJFS / DCY)
- Statute
- ORC Chapter 5104
- Type B capacity
- Up to six children
- Under age two
- No more than three
- Rules
- OAC Chapter 5101:2-12
Summary
Home child care in Montgomery County is licensed by the state (ODJFS / Department of Children and Youth) under Ohio Revised Code Chapter 5104, not by the county. A Type B family child care home may care for up to six children.
No person, firm, organization, institution, or agency shall operate, establish, manage, conduct, or maintain a child care center or type A family child care home without a license.
Full Breakdown
Ohio, not Montgomery County, licenses in-home daycare. ORC 5104.02 bars operating a child care center or Type A family child care home without a state license, and a Type B family child care home must be licensed under ORC 5104.03. A Type B home may care for up to six children at one time (not counting the provider's own), of which no more than three may be under age two. Providers must pass background checks and meet ODJFS safety and training rules under Ohio Administrative Code Chapter 5101:2-12, and must also comply with applicable city zoning ordinances. Contact the county Job and Family Services office to begin a Type B license.
Violations & Fines
Operating an unlicensed child care center or family child care home violates ORC 5104.02 and can bring cease orders, fines and prosecution by the state licensing authority.
Frequently Asked Questions
How many kids can a home daycare take?
Does the county license home daycares?
Sources & Official References
Other rules in Montgomery County
Compare Montgomery County to another location·View the Ohio home business overview
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