Wisconsin Department of Children and Families - Division of Early Care and Education

Bureau of Early Care Regulation

Child Care Certification Policy Manual

1.7 - Group Size

State law Wisconsin Stats., 48.65 (1), requires a provider who cares for four (4) or more children under the age of 7 who are not related to the provider, for compensation, to obtain from the Department of Children and Families, Bureau of Early Care and Regulation a license to operate a child care center.

A certified family child care operator may not have in care at any given time more than three (3) children under seven (7) years of age, who are not related to the child care provider. See the definition for “related to the provider”.

Group size rules do not apply to in-home care (care provided in the child’s home). The in-home certified operator may care for more than 3 unrelated children (who reside in the home); however, the operator may not bring additional children into the certified location (child’s home).

The maximum group size for certified family child care shall not exceed six (6). However, if three (3) of the children (provider’s children and/or non-related children) are under the age of two (2), the total number of children in care may not exceed five (5). If four (4) of the children are under the age of two (2), the total number of children in care may not exceed four (4).

The maximum number does not include the certified child care operator’s natural, adopted, step or foster children seven (7) years of age and older or any children age seven (7) and older who live in the residence.

Note regarding  group size exceptions

The certification agency does not have authority to grant exceptions to the licensing law. This means the certification worker cannot allow a certified operator to care for more than 3 children under the age of 7 who are unrelated to the operator, at one time.  Additionally, building codes restrict a family child care provider from caring for more than 8 children, which is the licensing capacity. SPS 361.02(3)(g)  building codes don’t apply to “A one- or 2-family dwelling in which a public or private day care center for 8 or fewer children is located.”  See Module 6 for more information regarding exceptions related to supervision and group size.

Printable Numbers Chart.

“Provider” and “operator” refers to an “entity” (individual and the premise or location), not an individual provider. This means, if two individuals care for children in one setting, the law does not allow the number of children to be doubled.

The certification Group Size Estimator or Certification Schedule Tool may be used to determine if an operator is complying with the group size rules.

Note: Because a provider’s own children under age 7 are included in the group size, the daily attendance record shall include the provider’s own children under age 7.

To demonstrate how the group size rule, definition of relationship and tables above are used to determine compliance see the example below:

Example: A grandmother provides care to 2 grandchildren (ages 4 and 7) in addition to 2 day care children (ages 5 and 8) who are not related to her. The table below illustrates where/how each child is counted in the group size. In this scenario, the operator could enroll 2 additional children for a group maximum of 6.

This page last updated 08/2020.