What Are the Home Daycare License Requirements in Mississippi?
Mississippi requires a child care license from the Mississippi State Department of Health once you care for six or more unrelated children under 13 — day or night — and that rule covers home-based care.
MSDH also publishes a rulebook for child care family homes of five or fewer children, counting the caregiver's own children, and a family home director must be at least 21 with two years of documented experience.
MSDH's child care license fee schedule charges a nonrefundable $130 application fee, and operators and staff clear fingerprint-based background checks.
Verify before you rely on this
At a glance
The Mississippi State Department of Health (MSDH) Child Care Facilities Licensure branch, under 15 Miss. Admin. Code Pt. 11, Subpt. 55.
Six or more unrelated children under 13, for any amount of time, day or night.
Three MSDH rulebooks: centers, facilities for 12 or fewer children in the operator's home, and child care family homes for 5 or fewer children.
Five children total, including the caregiver's own children, in a child care family home; the in-home facility rulebook covers up to 12 children in the operator's home.
21 for a child care family home director, with a high school diploma or GED and two years of documented experience.
Not established in our research — ask the licensing agency.
MSDH's child care license fee schedule sets a nonrefundable $130 application fee plus an initial license fee scaled to licensed capacity.
Home child care license types in Mississippi
- Child care family homeLicense
The family home rulebook (Chapter 3): care for five or fewer children at any given time, counting the caregiver's own children, at a 1:5 staff-to-child ratio.
- In-home facilityLicense
A separate MSDH rulebook for facilities for 12 or fewer children in the operator's home, amended effective February 12, 2022.
- Child care facility (center)License
The main licensing rulebook for child care facilities; MSDH's licensing guidance says a license is required at six or more unrelated children under 13, including home-based care.
Do you need a license to run a home daycare in Mississippi?
MSDH requires a child care license from anyone caring for six or more unrelated children under 13, for any amount of time of the day or night, and the agency counts day care centers, day nurseries and home-based care in that rule.
MSDH also publishes a separate rulebook for child care family homes of five or fewer children, in which the total count, including the caregiver's own children, may not exceed five.
The rule text our research read does not state whether that five-or-fewer license is mandatory or optional at that size, so confirm with MSDH where a smaller home stands.
MSDH's Child Care Facilities Licensure branch administers the state's child care licensing rules.
“A license is required if you care for six or more children who are less than thirteen years of age”
Mississippi home daycare license types and capacity
MSDH runs three rulebooks: one for child care facilities (centers), one for facilities for 12 or fewer children in the operator's home, and one for child care family homes serving five or fewer children (Chapter 3).
In the family home rulebook the total number of children in care at any given time, including the children related to the caregiver, must not exceed five, and the minimum staff-to-child ratio is five children to one staff member (Rule 3.8.2).
The in-home facility rulebook, amended effective February 12, 2022, covers facilities for up to 12 children in the operator's home and sets a tighter infant ratio of 1:4 under age 1 and 1:8 for 1-year-olds, with other ages matching the center table.
“The total number of children in care at any given time, including the children related to the caregiver, must not exceed five.”
What qualifications does a Mississippi home daycare provider need?
In the family home rulebook, a child care family home director must be at least 21 years of age and have at a minimum a high school diploma or equivalent (GED) and two years of prior documented experience caring for children under 13.
Caregivers working in the home must be at least 18 with one year of experience.
Our research did not capture an annual or pre-service training-hours figure for Mississippi family child care homes, so ask MSDH what training the current family home rules require.
“A child care family home director shall be at least 21 years of age and shall have at a minimum high school diploma or equivalent (GED) and two years prior documented experience”
Do background checks cover you and your household?
MSDH requires a comprehensive fingerprint-based background check for all operators, employees and prospective employees: an FBI national check, a state criminal check, a state child abuse registry check, a National Sex Offender Registry check, a state sex offender registry check and interstate checks if applicable, repeated every five years (Rule 1.5.2).
Under the federal CCDF rules in 45 CFR 98.43, any individual residing in a family child care home who is age 18 or older counts as a child care staff member who needs the check, and checks must be requested before the person becomes a staff member and repeated at least once every 5 years.
Federal rules also require states to complete a background check request as quickly as possible and within 45 days of submission.
Ask MSDH how Mississippi takes the request and what it charges.
“Any individual residing in a family child care home who is age 18 and older.”
What does Mississippi inspect before licensing a home daycare?
MSDH's licensing guidance says obtaining a Mississippi child care license requires a state Fire Marshal inspection.
Our research captured that requirement and the licensing timeline but did not capture the specific items MSDH evaluates during a family home licensing visit, so ask the Child Care Facilities Licensure branch what a family home visit covers.
How do you apply for a Mississippi home daycare license, and what does it cost?
MSDH's fee schedule (Rule 1.2.4) charges a nonrefundable $130 application fee plus an initial license fee scaled to capacity: $97.50 for 12 or fewer, $195 for 13 to 30, $260 for 31 to 50, $390 for 51 to 100, $455 for 101 to 150 and $520 for 151 or more, with fees paid online.
The agency says it can take up to 90 days to obtain a license once an application is submitted and the application fee paid, and the process includes the state Fire Marshal inspection.
Confirm the fee tier and the current steps for a family home application with MSDH's Child Care Facilities Licensure branch before you apply.
“It can take up to 90 days to obtain a license once an application is submitted and the application fee paid.”
What does it take to hire an assistant for a Mississippi home daycare?
The family home rulebook's caregiver rules set the minimums: caregivers must be at least 18 with one year of experience, and the minimum staff-to-child ratio is five children to one staff member (Rule 3.8.2).
Any employee or prospective employee must also clear MSDH's comprehensive fingerprint-based background check, which the federal CCDF rules require to be requested before the person becomes a staff member.
Our research did not capture Mississippi-specific rules for assistants in a family home beyond those caregiver minimums, so confirm any additional training or supervision duties with MSDH before you post the job.
What This Page Does, and Doesn’t, Cover
This page summarizes the Mississippi licensing rules, agency pages and other sources listed below, as read for this state-by-state home daycare license requirements series, current as of October 2026. It is not a substitute for the instructions the Mississippi State Department of Health (MSDH) Child Care Facilities Licensure branch publishes. For the rest of the picture in Mississippi, see daycare licensing steps in Mississippi.
Frequently Asked Questions
How many kids can you watch without a license in Mississippi?
MSDH requires a child care license from anyone caring for six or more unrelated children under 13, for any amount of time, day or night.
Mississippi also publishes a rulebook for child care family homes of five or fewer children — a count that includes the caregiver's own children — and the rule text our research read does not state whether that license is mandatory at that size.
Confirm with MSDH where a smaller home stands.
Do your own children count against Mississippi home daycare capacity?
Yes.
In the child care family home rulebook, the total number of children in care at any given time, including the children related to the caregiver, may not exceed five.
The family home director must be at least 21 with a high school diploma or GED and two years of documented experience, and the staff-to-child ratio is five children to one staff member.
How much does a home daycare license cost in Mississippi?
MSDH's fee schedule (Rule 1.2.4) charges a nonrefundable $130 application fee plus an initial license fee scaled to capacity, from $97.50 for 12 or fewer children to $520 for 151 or more, with fees paid online.
Confirm the tier that applies to a family home license with MSDH's Child Care Facilities Licensure branch.
How long does it take to get a home daycare license in Mississippi?
MSDH says it can take up to 90 days to obtain a child care license once an application is submitted and the application fee paid, and licensing requires a state Fire Marshal inspection.
Ask MSDH's Child Care Facilities Licensure branch what the current timeline looks like for a family home application.
Who needs a background check for a Mississippi home daycare?
MSDH requires a comprehensive fingerprint-based background check for all operators, employees and prospective employees: an FBI national check, a state criminal check, a state child abuse registry check, a National Sex Offender Registry check, a state sex offender registry check and interstate checks if applicable, repeated every five years.
Under the federal CCDF rules, any individual residing in a family child care home who is age 18 or older counts as a child care staff member who needs the check.
More Mississippi Resources
Sources
- Mississippi State Department of Health — Regulations Governing Licensure of Child Care Facilities (retrieved 2026-10-05)
- Mississippi State Department of Health — Regulations Governing Licensure of Child Care Family Homes (retrieved 2026-10-05)
- Mississippi State Department of Health — In-Home Facility Rules (facilities for 12 or fewer children in the operator's home) (retrieved 2026-10-05)
- Mississippi State Department of Health — child care licensing guidance (retrieved 2026-10-05)
- 45 CFR 98.43 — Child care services, background checks (eCFR) (retrieved 2026-10-05)
Sourced from the documents listed above. Verified October 2026. This is career and employer information, not licensing or legal advice. Confirm current rules with the Mississippi State Department of Health (MSDH) Child Care Facilities Licensure branch.