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.
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).
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.
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