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Clay County, MO Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Regulator
DESE Office of Childhood
License trigger
More than six children
Exempt
Six or fewer children
Statute
Mo. Rev. Stat. § 210.211

Summary

Caring for children for pay in a Clay County home requires a license from the Missouri DESE Office of Childhood once you exceed six children. Six or fewer, including three or fewer under age two, is license-exempt.

These county ordinances apply to unincorporated areas of Clay County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Any person who is caring for six or fewer children, including a maximum of three children under the age of two, at the same physical address.

Source: Revised Statutes of MissouriView official code

Full Breakdown

Home-based child care in Missouri is licensed by the Department of Elementary and Secondary Education (DESE) Office of Childhood, which took over child care regulation from the Department of Health and Senior Services in 2021. Under Mo. Rev. Stat. § 210.211, it is unlawful to operate a child care facility without a DESE license, except for a person caring for six or fewer children, including no more than three under age two. A licensed family child care home faces background checks, ratios, safety training, and inspections. In unincorporated Clay County the home must also meet county zoning; cities add their own zoning review.

Violations & Fines

Operating an unlicensed home over the six-child exemption violates § 210.211; DESE can seek an injunction and penalties to close it, and each day of unlicensed operation is a separate offense.

Frequently Asked Questions

How many kids can I watch without a license?
Up to six children, including no more than three under age two. Caring for more requires a family child care home license from Missouri's DESE Office of Childhood.
Does Clay County license home daycares?
No. Licensing is a state DESE function. The county and cities only apply zoning; DESE controls whether the daycare may operate.

Sources & Official References

Other rules in Clay County

Cottage Food OperationsFew RestrictionsAnimal Ordinances: Wildlife FeedingSignificant RestrictionsFire Regulations: Brush ClearanceSignificant RestrictionsPublic Conduct: Public Alcohol UseSome RestrictionsSpecial Events & Permits: Park Event PermitsSignificant RestrictionsSpecial Events & Permits: Street Fair RulesSignificant RestrictionsSoliciting & Door-to-Door: Solicitor PermitsLight Restrictions

All Clay County rules

Compare Clay County to another location·View the Missouri home business overview

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