Las Cruces, NM Home Business: Home Daycare (2026)
Key Facts
- Babysitting
- Up to 6 children
- Family Child Care Home
- 5–6 children (state licensed)
- Group Child Care Home
- 7–12 children (state licensed)
- City Requirement
- Home occupation registration
- State Licensing
- New Mexico CYFD
Summary
Las Cruces treats in-home child care as a home occupation. Babysitting up to six children needs a home occupation business registration. Caring for five to six children is a family child care home and seven to twelve a group child care home, both also requiring state CYFD licensing.
A maximum of six children at one time may be at a dwelling for babysitting service. More than four children, but no more than 12 at one time at a dwelling shall be considered child care which requires compliance with state licensing regulations and this Code for a family child care home (five to six children) or a group child care home (seven to 12 children). In all cases, a home occupation business registration shall be required.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 33 | Land Development Code: Supplement 28).
Full Breakdown
Section 38-52(C)(6) of the Land Development Code sets the tiers for in-home child care. A maximum of six children at one time may be present for a babysitting service. Once care exceeds four children, it is classified as child care requiring state licensing: a family child care home covers five to six children, and a group child care home covers seven to twelve. In every case, a city home occupation business registration is required. Home child care is exempt from the 500-square-foot floor-area cap and from the one-customer-vehicle and hourly customer-trip limits, reflecting its pickup and drop-off traffic. State licensing for family and group child care homes is administered by the New Mexico Children, Youth and Families Department (CYFD).
Violations & Fines
Running a home daycare above the babysitting threshold without CYFD licensing, or without the city home occupation registration, violates state law and zoning. City enforcement is a petty misdemeanor with fines up to $500; the state can close it.
Frequently Asked Questions
How many kids can I watch at home in Las Cruces?
Do I need a license for a home daycare?
Sources & Official References
Other rules in Las Cruces
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