Ohio Statewide Rule

Ohio Type A and Type B Family Child Care Licensing

Heavy RestrictionsApplies statewide across Ohio (2026)

Ohio Revised Code Chapter 5104 creates a statewide licensing framework for in-home child care, classifying providers as Type A or Type B family child care homes and preempting local licensing of child care operations.

Key Facts

Type A Capacity: Seven to twelve children
Type B Capacity: One to six children
Background Check: Required for all adults
Zoning Status: Permitted residential use
Statute: ORC Chapter 5104

Source: Ohio Laws & Administrative Rules

Full Breakdown

Under ORC 5104.01, a Type A family child care home cares for seven to twelve children at one time, while a Type B home cares for one to six children. Both must be licensed by the Ohio Department of Children and Youth, complete background checks under ORC 5104.013, satisfy training requirements, and pass home inspections. Operators must meet adult-to-child ratios, maintain liability insurance disclosure, and follow nutrition and supervision standards. ORC 5104.054 permits family child care homes as a residential use in any residential zoning district, overriding local zoning that would otherwise prohibit them.

Violations & Penalties

Operating an unlicensed family child care home with more than six children, or failing to meet ratio, training, or safety standards, may result in license denial, revocation, civil fines under ORC 5104.99, and referral for criminal prosecution.

Frequently Asked Questions

Do I need an Ohio license to watch children in my home?

Yes if you care for children unrelated to you for compensation. Type B homes serve up to six children and Type A homes serve seven to twelve, both requiring licensure from the Ohio Department of Children and Youth.

Can my Ohio city zone family child care homes out of residential neighborhoods?

No. ORC 5104.054 requires that licensed family child care homes be treated as a permitted residential use, preempting local zoning ordinances that would prohibit them in residential districts.

What background checks are required for Ohio in-home daycare?

ORC 5104.013 requires criminal records checks, including BCI and FBI fingerprint checks and child abuse registry checks, for the operator and every adult resident or employee in the home.

Sources

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Full Breakdown

Frequently Asked Questions

Do I need an Ohio license to watch children in my home?

Can my Ohio city zone family child care homes out of residential neighborhoods?

No. ORC 5104.054 requires that licensed family child care homes be treated as a permitted residential use, preempting local zoning ordinances that would prohibit them in residential districts.

What background checks are required for Ohio in-home daycare?

ORC 5104.013 requires criminal records checks, including BCI and FBI fingerprint checks and child abuse registry checks, for the operator and every adult resident or employee in the home.