Missouri Home Daycare Licensing and Six-Child Exemption

Missouri Department of Elementary and Secondary Education licenses child care facilities under RSMo 210.201 to 210.245. RSMo 210.211 makes it unlawful to operate a child care facility without a written license, while exempting care for six or fewer children, with a maximum of three under age two, in a residential home. Religious programs, schools, camps, and short-term occasional care are also exempt. Unlicensed providers must disclose their unlicensed status in writing to parents and may not advertise as licensed. Facilities receiving most state or federal funds lose exemption status. Up to two related children age five or older may be excluded from capacity counts.

Operating without a required license is a criminal offense. The state may issue cease-and-desist orders, seek injunctions, and refer cases for prosecution as a class A misdemeanor or higher.