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Stark County, OH Home Business: Home Daycare (2026)

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

Key Facts

Governing law
ORC Chapter 5104
Licensed by
Ohio Dept. of Children and Youth
Type B capacity
1 to 7 children
Under age two
No more than 3
Zoning
City/township approval also needed

Summary

Home child care in Ohio is licensed by the state, not Stark County. A Type B family child care home cares for one to seven children at a time, with no more than three under age two, and needs a state license from the Ohio Department of Children and Youth.

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

"Type B family child care home" means a permanent residence of the provider in which care is provided for one to seven children at one time and in which no more than three children are under two years of age at one time.

Full Breakdown

Ohio regulates in-home child care under Ohio Revised Code Chapter 5104, administered by the Ohio Department of Children and Youth (formerly ODJFS). A Type B family child care home operates in the provider's permanent residence and cares for one to seven children at a time, with no more than three under two years old. Providers must be licensed, complete background checks and training, and pass inspection. A larger Type A home (7 to 12 children) has stricter standards. Local zoning still applies: Canton and townships may treat a home daycare as a home occupation or conditional use, so confirm zoning approval in addition to the state license.

Violations & Fines

Operating an unlicensed home daycare above the exempt threshold violates ORC Chapter 5104 and can lead to state cease orders, fines, and denial of future licensure.

Frequently Asked Questions

How many kids can a home daycare have in Ohio?
A Type B family child care home may care for one to seven children at one time, with no more than three of them under two years of age.
Do I need a license for a home daycare?
Yes. Type B homes must be licensed by the Ohio Department of Children and Youth under ORC Chapter 5104, and local zoning approval may also be required.

Sources & Official References

Other rules in Stark County

All Stark County rules

Compare Stark County to another location·View the Ohio home business overview

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