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Home Daycare License Requirements in Mississippi (2026)

Opening a home daycare in Mississippi means getting a family child care home license from the Mississippi State Department of Health (MSDH), Office of Health Protection. Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.

In brief — Mississippi

Licensing agency: Mississippi State Department of Health (MSDH), Office of Health Protection
Program / rule: Two home-based license tiers under the Mississippi Child Care Licensing Law, Miss. Code Ann. §43-20-1 et seq., administered in Title 15, Part 11, Subpart 55 of the Mississippi Administrative Code (rulemaking source cited throughout as Miss. Code Ann. §43-20-8). (1) SMALL HOME = 'Child Care Family Home for 5 or Fewer Children' — Chapter 3 (a voluntary license; family homes caring for 5 or fewer are treated as exempt from mandatory licensure under the statute but may license — most do so to receive CCDF/child-care subsidy payments). (2) LARGE HOME = 'Child Care Facilities for 12 or Fewer Children in the Operator's Home' — Chapter 2 (MANDATORY license once 6-12 children are in care). A home taking a 13th child must license as a full center under the main child care regulations (Chapter 1).
Maximum group size: SMALL HOME: 5 children to 1 staff (Rule 3.8.3). LARGE HOME: no separate classroom group-size cap — the operative limit is the whole-home licensed capacity of 12 (Rule 2.8.2); ratios by age band apply within that 12.
CPR & first aid: Yes — required before licensure
Last verified: 2026-08-10

Who needs a license — home types in Mississippi

Mississippi tiers home-based care by headcount. SMALL HOME ('Child Care Family Home,' Ch. 3, Rule 3.1.4(11)): the registered primary caregiver provides care in the caregiver's own residence for not more than five (5) children from birth through 13 years — and the total present at any time, INCLUDING the children related to the caregiver, must not exceed five. LARGE HOME ('12 or Fewer Children in the Operator's Home,' Ch. 2): care in the operator's home for six (6) up to twelve (12) children; the exact licensed capacity is set by usable indoor square footage together with kitchen area, outdoor playground area and number of toilets (Maximum Capacity Worksheet, Form #28), never to exceed 12 in the operator's home. There is no separate 'family child care' tier above 12 — a home taking a 13th child must license as a full center under Chapter 1.

How many children you can care for in Mississippi

SMALL HOME: 5 children total, birth through 13 years, and the children related to the caregiver COUNT toward the 5 (Rule 3.1.4(11)). LARGE HOME: maximum 12 children in the operator's home; the specific licensed number is determined by indoor square footage, kitchen area, playground area and number of toilets, documented on the Maximum Capacity Worksheet (Form #28). (Form #28 sets the number of children — it does NOT set the license fee.)

Adult-to-child ratios

SMALL HOME (5 or Fewer, Rule 3.8.2-3.8.3): flat 1 staff : 5 children present at all times; maximum group size 5 to 1 (no age-band breakdown — the whole home is capped at 5). LARGE HOME (12 or Fewer, Rule 2.8.2): minimum caregiver-to-children ratio present at all times — Less than 1 year = 1:4; 1 year = 1:8; 2 years = 1:12; 3 years = 1:14; 4 years = 1:16; 5 through 9 years = 1:20; 10 through 12 years = 1:25. In mixed-age groups the age of the YOUNGEST child in the group determines the ratio; preschool children may not be grouped with school-age children; the home total still may not exceed 12.

Training you must complete before licensure

Before the license is issued, owners and directors must each complete MSDH mandatory pre-licensure training. SMALL HOME (Rule 3.5.6): courses covering 'Regulations Governing Licensure of Child Care Family Homes of 5 or Fewer' AND Health & Safety, with Health & Safety obtained before the home is licensed. LARGE HOME (Rule 2.5.8): mandatory training on Child Care Regulations, Director Orientation, and Playground Safety, plus Health & Safety, PLUS a passing ANSI-CFP accredited food-manager certification (ServSafe, TummySafe, National Registry of Food Safety Professionals, or Prometric) before licensure. Both tiers: Adult, Child and Infant CPR and First Aid certification must be held by a person present during ALL hours of operation — must be face-to-face/hands-on (online CPR/First Aid is NOT accepted). A Letter of Suitability (fingerprint background clearance) must be issued before anyone begins work.

Ongoing (annual) training

Set by tier in the rules: SMALL HOME (5 or Fewer, Rule 3.5.6(3)) = 5 contact hours of staff development per licensure year, per employee. LARGE HOME (12 or Fewer, Rule 2.5.8) = 15 contact hours of staff development per licensure year, per employee (no more than 5 of which may be in-service training provided by the facility itself). Health & Safety training must additionally be refreshed every 2 years.

Background checks

Comprehensive fingerprint-based criminal history check required BEFORE anyone starts work, on all operators, employees, and prospective employees, plus every person 18 years of age and older residing in a residence designated as a child care family home, and paid workers under 18 (Rule 3.5.2). Consists of FBI national check (NCIC), state criminal history (MCIC), state child abuse central registry, National Sex Offender Registry (NSOR), state sex offender registry, and interstate check if applicable — conducted by the MSDH Criminal Records Check Unit, which issues a 'Letter of Suitability for Employment.' Must be repeated every 5 years; a break in service over 180 consecutive days requires a new check before returning to work. Authority: Miss. Code Ann. §43-20-1 et seq.; CCDBG §658(d); 45 CFR 98.43.

The application, step by step

Work through these in order — the prep packet turns them into a checklist you can tick off:

Confirm your tier: 5 or fewer children (voluntary Child Care Family Home license, Ch. 3) vs. 6-12 children (mandatory 12-or-Fewer-in-Operator's-Home license, Ch. 2).
Complete the MSDH mandatory pre-licensure training (small home: Regulations for 5 or Fewer + Health & Safety; large home: Child Care Regulations + Director Orientation + Playground Safety + Health & Safety); large homes also complete an ANSI-CFP food-manager course (ServSafe/TummySafe/NRFSP/Prometric).
Obtain Adult/Child/Infant CPR and First Aid certification (face-to-face, not online) for a person present during all hours of operation.
Submit fingerprints to the MSDH Criminal Records Check Unit and obtain a Letter of Suitability for every adult who will work in or reside at the home.
Pass the required inspections and approvals: MSDH Fire Inspection (Form #333), wastewater disposal approval, potable water approval, local zoning approval, and lead testing where applicable (large-home building lead testing applies if constructed before 1965).
Submit the License Application with fee — small home: $130 application + $50 license fee (Rule 2.3 checklist); large home: $130 application fee + $97.50 initial licensure fee per the Rule 2.2.4 fee schedule (NOTE: the reg's temporary-license checklist inconsistently states a $100 application fee and a 'license fee determined by licensed capacity' — confirm the current amount with MSDH before paying) — plus immunization Form #121, required policies (daily schedule, arrival/departure, emergency preparedness with relocation sites, discipline, transportation), and — for large homes — the Maximum Capacity Worksheet (Form #28), Facility Inspection Report (Form #281) and Data Sheet (Form #286).
Receive a 6-month Temporary License to begin operation; upon full compliance MSDH issues the Regular License, renewable annually.

What you must post on your walls

MSDH License (posted conspicuously)
Daily activity schedule
Evacuation route / emergency evacuation plan
MSDH complaint notice/form

Enrollment forms for each child

MSDH Child Care License Application
Certificate of Immunization Form #121
Medical/Religious Exemption Form #122 (staff; religious exemption does not apply to staff)
MSDH Fire Inspection Form #333
Letter of Suitability for Employment (background clearance)
MSDH Maximum Capacity Worksheet Form #28 (12-or-fewer tier)
MSDH Child Care Facility Inspection Report Form #281 (12-or-fewer tier)
MSDH Child Care Facility Data Sheet Form #286 (12-or-fewer tier)
MSDH Food Service Inspection Form #301/#302 (12-or-fewer tier, if applicable)

What's specific about getting licensed in Mississippi

Mississippi has no single 'family child care home' license the way most states do — it has a headcount cliff. A home with 5 or fewer children is treated as EXEMPT from mandatory licensure under the Child Care Licensing Law (Miss. Code Ann. §43-20-1 et seq.); MSDH offers only a VOLUNTARY 'Child Care Family Home' license (Chapter 3) for that tier, which most people pursue to unlock CCDF/child-care-subsidy payments. The moment you accept a 6th child, you cross into a completely different, MANDATORY regime — 'Child Care Facilities for 12 or Fewer Children in the Operator's Home' (Chapter 2) — which imposes near-center rules: square-footage capacity limits (Form #28), an MSDH fire inspection, a certified food-manager (ServSafe/TummySafe), age-band ratios (infants tighten to 1:4), and 15 annual training hours instead of 5. Providers who plan around 'small home = light rules' get blindsided by that jump. Also unusual: the licensing agency is the Health Department (MSDH), not a human-services/DHS agency, and the caregiver's OWN children through age 13 count toward the 5-child small-home limit.

Common mistakes when getting licensed in Mississippi

Your own kids fill the seats

In the 5-or-fewer 'Child Care Family Home' (Rule 3.1.4(11)), the total present at any time — INCLUDING the children related to the caregiver, birth through age 13 — must not exceed five. A provider with three young children of her own can only enroll two others before she is over the limit or must move up to the mandatory 12-or-fewer license.

The 6th child changes everything

Going from 5 to 6+ children flips you from a voluntary Chapter 3 license into the mandatory Chapter 2 '12 or fewer in the operator's home' license. That triggers a licensed-capacity calculation by usable square footage, kitchen, playground and toilets (Form #28), an ANSI-CFP food-manager certification (ServSafe, TummySafe, NRFSP or Prometric), a tighter infant ratio of 1:4, and 15 annual training hours (vs. 5). Budget and space plans built for a small home often don't survive this jump.

CPR/First Aid must be in-person, and someone certified must always be on site

MSDH explicitly rejects online-only CPR and First Aid (small Rule 3.8.1; large Rule 2.8.1) — training must be face-to-face and hands-on for Adult, Child AND Infant. A certified person must be present during ALL hours of operation, including arrival and departure, so a solo home provider personally needs current certification at all times.

Letter of Suitability before day one — for everyone 18+ in the house

The fingerprint-based comprehensive background check (FBI/NCIC + state criminal + child-abuse registry + sex-offender registries) must clear and a 'Letter of Suitability' must be issued by the MSDH Criminal Records Check Unit BEFORE anyone works (Rule 3.5.2) — and it applies to every adult 18 and older who resides in the home, not just employees. A live-in spouse or adult child who hasn't been cleared can block the license.

How long it takes and what it costs in Mississippi

Timeline: Plan on roughly 2-4 months. The gating items are the fingerprint background check / Letter of Suitability (allow several weeks) and scheduling the MSDH fire inspection plus wastewater, water, and zoning approvals. Once approved, MSDH issues a Temporary License good for six months so you can operate while the file is finalized, then converts it to a Regular License (renewed annually).

Cost: Small home (5 or fewer): $130 application fee + $50 license fee. Large home (12 or fewer), per the Rule 2.2.4 fee schedule (amended Jan 2022): $130 application fee + $97.50 initial licensure fee (renewal $97.50), plus a $50 fingerprinting fee per card. NOTE: the large-home reg is internally inconsistent — its temporary-license submission checklist states a $100 application fee and a 'license fee determined by licensed capacity,' which conflicts with the Rule 2.2.4 schedule above; confirm the current amounts with MSDH before paying. Additional out-of-pocket costs vary and should be confirmed: CPR/First Aid course and — for the large-home tier — the ANSI-CFP food-manager exam (ServSafe/TummySafe).

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Mississippi home daycare licensing — FAQ

How many children can I care for in a Mississippi home daycare?

What are the adult-to-child ratios for a home daycare in Mississippi?

What training do I need to run a home daycare in Mississippi?

Before you can be licensed: Before the license is issued, owners and directors must each complete MSDH mandatory pre-licensure training. SMALL HOME (Rule 3.5.6): courses covering 'Regulations Governing Licensure of Child Care Family Homes of 5 or Fewer' AND Health & Safety, with Health & Safety obtained before the home is licensed. LARGE HOME (Rule 2.5.8): mandatory training on Child Care Regulations, Director Orientation, and Playground Safety, plus Health & Safety, PLUS a passing ANSI-CFP accredited food-manager certification (ServSafe, TummySafe, National Registry of Food Safety Professionals, or Prometric) before licensure. Both tiers: Adult, Child and Infant CPR and First Aid certification must be held by a person present during ALL hours of operation — must be face-to-face/hands-on (online CPR/First Aid is NOT accepted). A Letter of Suitability (fingerprint background clearance) must be issued before anyone begins work. Ongoing training: Set by tier in the rules: SMALL HOME (5 or Fewer, Rule 3.5.6(3)) = 5 contact hours of staff development per licensure year, per employee. LARGE HOME (12 or Fewer, Rule 2.5.8) = 15 contact hours of staff development per licensure year, per employee (no more than 5 of which may be in-service training provided by the facility itself). Health & Safety training must additionally be refreshed every 2 years.

What background checks does Mississippi require?

Is this legal advice?

No. DaycareLicensePrep gives general information based on each state's published child-care licensing rules, dated to when we last verified them, and is not a guarantee of licensure. Always confirm with your state's licensing agency before applying.

Mississippi changes its rules — we'll tell you

Getting licensed takes months, and states revise these numbers. Leave your email and we'll write to you when Mississippi's requirements change. Nothing else, ever — and you can unsubscribe from any message.

Source: https://msdh.ms.gov/page/30,0,183.html ; https://msdh.ms.gov/page/30,0,183,225.html ; Ch. 3 Family Homes for 5 or Fewer (Title 15 Part 11 Subpart 55 Ch. 3): https://msdh.ms.gov/page/resources/20840.pdf ; Ch. 2 for 12 or Fewer in Operator's Home (amended Jan 12, 2022): https://msdh.ms.gov/page/resources/799.pdf ; Main Child Care Regs (Ch. 1): https://msdh.ms.gov/page/resources/78.pdf ; How to Get a Child Care License guide: https://msdh.ms.gov/page/resources/3448.pdf ; Statute: Miss. Code Ann. §43-20-1 et seq. (rulemaking source §43-20-8)

Verified 2026-08-10. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.