Skip to main content
CityRuleLookup

Missouri Statewide Rule

Missouri Home Daycare Licensing and Six-Child Exemption

Heavy RestrictionsApplies statewide across Missouri (2026)

Key Facts

Licensing statute
RSMo 210.211
Exempt capacity
Six children maximum
Under age two
Three children maximum
Disclosure
Written, to parents
Regulator
DESE Section for Early Childhood
Last verified: August 20, 2026Source: Missouri Revisor of Statutes

Summary

Missouri RSMo 210.211 universally requires a state license to operate a child care facility, with a statutory exemption for caring for six or fewer unrelated children, including no more than three under age two, in a family home.

210.211. License required — exceptions — written notice of licensure status, when — exemptions from maximum children. — 1. It shall be unlawful for any person to establish, maintain or operate a child care facility for children, or to advertise or hold himself or herself out as being able to perform any of the services as defined in section 210.201 , without having in effect a written license granted by the department of elementary and secondary education; except that nothing in sections 210.203 to 210.245 shall apply to: (1) 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. For purposes of this subdivision, children who live in the caregiver's home and who are eligible for enrollment in a public kindergarten, elementary, or high school shall not be considered in the total number of children being cared for; (2) Any person who receives free of charge, and not as a business, for periods not exceeding ninety consecutive days, as bona fide, occasional and personal guests the child or children of personal friends of such person, and who receives custody of no other unrelated child or children; (3) Any graded boarding school that is conducted in good faith primarily to provide education; (4) Any summer or day camp that is conducted in good faith primarily to provide recreation;

Source: Missouri Revisor of StatutesView official code

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Do I need a Missouri license to watch kids at home?
Caring for six or fewer unrelated children, with no more than three under age two, is exempt from licensing under RSMo 210.211. Larger family child care homes require a state license.
Can a Missouri city ban a licensed home daycare?
Cities may apply zoning, but state licensing is universal and disclosure rules apply statewide. Local bans on small exempt providers face significant state law and federal fair housing constraints.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.