Maine Statewide Rule

Maine state law: family child care provider licensing under 22 MRS § 8301-A and 10-148 CMR Ch. 32

Some RestrictionsApplies statewide across Maine (2026)

Key Facts

Statute: 22 MRS § 8301-A et seq.
Rule: 10-148 CMR Chapter 32
Regulator: Maine DHHS Office of Child and Family Services
Children allowed: 2-12 (including provider's own under age 6)
Required inspections: OCFS + State Fire Marshal
Background check: All household members 18+ per 22 MRS § 8303-G

Last verified: August 20, 2026Source: Maine Legislature

Summary

Maine licenses family child care providers under 22 MRS § 8301-A et seq. and 10-148 CMR Chapter 32. A family child care provider cares for 2-12 children (including the provider's own children under age 6) in the provider's own home, subject to background checks, training, and Office of Child and Family Services inspection.

C. "Family child care provider" means a person who provides day care in that person's home on a regular basis, for consideration, for 4 to 12 children under 13 years of age who are not the children of the provider or who are not residing in the provider's home. If a provider is caring for children living in that provider's home and is caring for no more than 3 other children, or 4 other children if at least 2 of the children are siblings, and no more than 3 of the total number of children in the provider's care are under 2 years of age, the provider is not required to be licensed as a family child care provider.

Source: Maine LegislatureView official code

Full Breakdown

Per 22 MRS § 8301-A (Definitions) and § 8302-A (License required), a 'family child care provider' means a person who provides day care for 2 to 12 children, including children of the provider under 6 years of age, in a private family residence. The Maine Department of Health and Human Services, Office of Child and Family Services, administers licensure under 10-148 CMR Chapter 32 (Family Child Care Providers Regulations). ; written policies on discipline, illness, emergency procedures, and child-to-staff ratios. State ratios cap a single provider at no more than 2 infants and no more than 12 children total, with adjusted ratios for school-age children.

Maine has NO statewide preemption statute equivalent to Colorado HB21-1222 explicitly classifying family child care homes as residential for ALL local zoning purposes. However, under the home-rule preemption test of 30-A MRS § 3001, a municipal ordinance that effectively prohibited a state-licensed family child care home would have to be evaluated against whether it 'would frustrate the purpose of any state law', and Maine state policy in 22 MRS § 8301-A favors home-based child care. In practice most Maine municipalities permit a state-licensed family child care home as a permitted residential use.

Violations & Penalties

Operating an unlicensed family child care home is a violation subject to civil penalties of up to $500 per day per 22 MRS § 8304-A, plus injunctive action by the Attorney General. License revocation, suspension, and refusal procedures are governed by 22 MRS § 8305.

Frequently Asked Questions

How many children can I watch in my home without a state license in Maine?

A person caring for fewer than 2 children unrelated to the provider is generally not required to be licensed. Caring for 2 or more children triggers licensure as a family child care provider under 22 MRS § 8302-A, except where a statutory exemption applies (such as care provided by a relative).

Does Maine state law preempt local zoning of family child care homes?

Not explicitly. Maine has no statute equivalent to Colorado's HB21-1222 expressly classifying licensed family child care homes as residential for zoning. Under the home-rule preemption test of 30-A MRS § 3001, a municipal ordinance prohibiting a state-licensed family child care home in a residential zone would face scrutiny under the 'frustrate the purpose of any state law' standard. Most Maine municipalities permit the use.

What inspections are required to open a family child care home?

DHHS Office of Child and Family Services inspection plus a State Fire Marshal inspection are required before initial licensure and on a renewal cycle. Local code-enforcement may also inspect for building-code compliance under MUBEC (10 MRS § 9722).

Sources

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