What "Capacity" Means
Capacity is the maximum number of children a licensed family home child care provider is allowed to care for at one time. If a provider wants to care for more than 12 children, they must apply for a Family Home Capacity Waiver.
What Has Changed and Why
Following a recent court decision, DCYF is reverting to the prior version of Washington Administrative Code (WAC) 110-300-0358.
Note: DCYF is working quickly to reinstate the older version of WAC 110-300-0358. However, it may take time for the Legislature’s website to show this update. Until the website is updated, DCYF will not enforce the 2025 version of the rule. Instead, DCYF will follow the version that was in place before the 2025 change.
If you have questions about the Family Home Capacity Waiver, contact your licensor.
DCYF is developing additional instructions regarding Family Home Capacity Waivers and will update this page when they are available.
What's Next
DCYF is committed to following all the required steps for making or changing rules.
DCYF plans to start the rule making process again to bring back the updated rules in WAC 110-300-0358 that help protect children’s health and safety. This includes the rule that limits family home child care to 16 children.
This process will take several months and will include opportunities for the public to share their thoughts. Any waivers that are approved during this time may change once the new rule is finalized.
Building and Fire Code Requirements
Though DCYF’s rule has been invalidated, applicable building and fire code requirements remain in place. Contact your city or county about requirements for your property. A DCYF capacity waiver does not replace local approvals.
