if you're not working with a licensed agency, you can have 5 children that are not your own at one time, and there are no age restrictions. The age ratios only come into effect through agencies such as wee watch, etc. "Unlicensed" or "private" daycares, of which I am one, are perfectly legal as long as there are never more than 5 daycare children under care at any one time. A private daycare cannot be licensed, although that is the term a lot of them toss around, but they can be contracted by a licensed agency, who then restricts their ages.