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New Hampshire Statewide Rule

New Hampshire Family Child Care Home Licensing

Some RestrictionsApplies statewide across New Hampshire (2026)

Key Facts

Statute
RSA 170-E
Licensing agency
DHHS
Family home cap
6 children
Group home cap
12 children
Last verified: August 21, 2026Source: New Hampshire General Court

Summary

New Hampshire RSA 170-E requires state licensing of family child care homes by the Department of Health and Human Services, establishing uniform health, safety, and capacity standards that apply regardless of municipal location.

(c) Private homes in which any number of the provider's own children, whether related biologically or through adoption, and up to 4 additional children are cared for regularly for any part of the day, but less than 24 hours, unless the caregiver elects to comply with the provisions of this chapter and be licensed.

Source: New Hampshire General CourtView official code

Full Breakdown

Under RSA 170-E, any home providing care for four or more children unrelated to the provider must be licensed by DHHS Child Care Licensing Unit. Family child care homes serve up to six children; family group homes serve seven to twelve with an assistant. Licensing covers background checks, training, fire safety inspections, health requirements, and child-to-staff ratios. Renewal occurs every three years. Local zoning may regulate the home's residential character but cannot impose competing child care licensing schemes. Family child care is generally a permitted home occupation under state policy.

Violations & Penalties

Operating without a license is a misdemeanor. DHHS may issue civil penalties, suspend, revoke, or refuse to renew licenses for noncompliance.

Frequently Asked Questions

When do I need a child care license in New Hampshire?
A license is required when caring for four or more children unrelated to the caregiver. Care for three or fewer unrelated children is exempt from state licensing.
Can my town ban a licensed family child care home?
Towns generally cannot ban licensed family child care homes outright. State policy treats licensed home child care as a permitted residential use, though reasonable zoning standards may apply.

Sources

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