For any family child care provider who receives payment from the Department of Human Services or its agents, either directly or through contract, for family child care services for one or more children, as authorized by the Division, the maximum number of children cared for by the family child care provider shall not exceed five children at a time, regardless of fee-paying or non-fee-paying status. The total of five children shall include the children placed with the provider and the provider's own children, only if the children in placement or the provider's own children are age five or younger. No more than two of the total number of children cared for by the family child care provider shall be age 23 months or younger.
N.J. Admin. Code § 3A:16-2.2