Home Daycare
Home Business
Licensing and zoning rules for running a daycare out of your home, including the number of children allowed, outdoor play area requirements, and safety standards.
How Home Daycare Rules Differ by Place
Compton, CA: Compton Home Daycare Regulations
Heavy RestrictionsLicensed family daycare homes are protected by CA Health & Safety Code 1597.40, which preempts local zoning restrictions. Small family daycare (up to 8 children) requires no local…
Contra Costa County, CA: Home Business: Day Care Home
Heavy RestrictionsSmall family day care homes (up to 8 children) and large family day care homes (up to 14 children) are protected by California Health & Safety Code sections 1597.30-1597.622. Contra…
Broward County, FL: Broward County Home Daycare Licensing
Heavy RestrictionsFamily day care homes in Broward County must register or be licensed under Florida Statute 402.313. The Broward County Child Care Licensing and Enforcement agency handles local…
Bishop, CA: Home Daycare Rules in Bishop, California
Few RestrictionsCalifornia law overrides Bishop's zoning for small family child care: a small family day care home is a residential use 'by right' in any residential zone. You still need a state…
Chula Vista, CA: Chula Vista Home Day Care Zoning Rules
Few RestrictionsChula Vista treats licensed family day care homes as a right, not a special use: CVMC 19.24.020(D) lists 'small and large family day care homes' as a principal permitted use in the R-1…
Daly City, CA: Family daycare homes are residential use by right under state law
Few RestrictionsCalifornia Health and Safety Code Sec. 1597.45 (SB 234) makes small (up to 8 children) and large (up to 14 children) family daycare homes a residential use by right, so Daly City…
Home Daycare Rules by State
Statewide law governs this topic in many states. Each entry links to that state's full page.
Alabama
Heavy RestrictionsAlabama's Department of Human Resources licenses family child care homes caring for one or more unrelated children more than four hours a day (up to six children); seven to twelve…
Alaska
Heavy RestrictionsAlaska requires a state license to run a home child care serving more than four unrelated children, under the centralized licensing law AS 47.32 and regulations 7 AAC 57. The…
Arkansas
Some RestrictionsArkansas requires state licensing or registration for home-based child care serving non-relative children. The Department of Human Services Division of Child Care administers uniform…
California
Few RestrictionsHealth and Safety Code sections 1597.40 through 1597.465 require all California cities and counties to treat licensed family daycare homes as permitted residential uses, preempting any…
Colorado
Some RestrictionsColorado requires state licensing for any home caring for more than a small number of unrelated children, with uniform health, safety, and capacity rules that override local zoning…
Connecticut
Heavy RestrictionsConnecticut Office of Early Childhood licenses all family child care homes statewide. Conn. Gen. Stat. Sec. 19a-87b preempts municipal zoning that would prohibit licensed homes serving…
Delaware
Heavy RestrictionsDelaware Code Title 31, Sections 341-345 (the Delaware Child Care Act) and Title 14 require state licensing of all family and large family child care homes through the Office of Child…
District of Columbia
Significant RestrictionsIn the District of Columbia you cannot run a home child care program without an OSSE license. A standard child development home cares for up to 6 children; an expanded home with two…
Florida
Heavy RestrictionsFlorida regulates family and large family child care homes uniformly under Chapter 402, setting capacity limits, training, and inspection requirements applicable statewide.
Georgia
Heavy RestrictionsGeorgia law requires registration or licensure of family day care homes through the Department of Early Care and Learning and limits how strictly local zoning can ban these uses in…
Hawaii
Heavy RestrictionsHawaii requires state Department of Human Services registration or licensing for home-based child care serving non-relatives. Standards for staff ratios, safety, and inspections apply…
Idaho
Some RestrictionsIdaho Code Title 39 Chapter 11 sets statewide daycare licensing requirements based on the number of unrelated children. State-level basic daycare licenses apply uniformly, though…
Indiana
Some RestrictionsIndiana law under IC 12-17.2-5 establishes statewide licensing for family child care homes serving more than five unrelated children, with FSSA Bureau of Child Care administering…
Iowa
Some RestrictionsIowa Code chapter 237A sets statewide capacity limits, registration thresholds, and standards for child care homes and child development homes. Iowa HHS administers categories A, B…
Kansas
Heavy RestrictionsKansas requires statewide licensing of family day care homes through the Kansas Department of Health and Environment under K.S.A. 65-503, setting universal capacity, background check…
Kentucky
Heavy RestrictionsKentucky requires state certification or licensure for any home caring for children from more than one unrelated family, with capacity limits, background checks, and inspection…
Louisiana
Some RestrictionsLa. R.S. 17:407.31 et seq. and 17:407.61 et seq. require statewide licensing of early learning centers and certification of family child care homes through the Louisiana Department of…
Maine
Some RestrictionsMaine licenses family child care providers under 22 MRS § 8301-A et seq. and 10-148 CMR Chapter 32. A family child care provider cares for 2-12 children (including the provider's own…
Massachusetts
Heavy RestrictionsMassachusetts preempts local zoning of family child care for up to six children under MGL c.28A and c.40A §3, requiring state EEC licensing and treating licensed homes as residential…
Michigan
Few RestrictionsMichigan's Child Care Organizations Act preempts local zoning that would exclude licensed family or group child care homes from residential districts.
Minnesota
Heavy RestrictionsMinnesota Statutes sections 245A.14 and 462.357 require cities to treat licensed family child care homes as a permitted residential use, preempting restrictive zoning. DHS licenses…
Mississippi
Heavy RestrictionsMississippi requires state licensing through the Department of Health for any home-based child care facility serving six or more unrelated children, with mandated staff-to-child…
Missouri
Heavy RestrictionsMissouri RSMo 210.211 universally requires a state license to operate a child care facility, with a statutory exemption for caring for six or fewer unrelated children, including no…
Montana
Some RestrictionsMontana requires state registration or licensure for home-based child care under Title 52, Chapter 2, MCA. The Department of Public Health and Human Services sets capacity, safety, and…
Nebraska
Some RestrictionsNebraska requires state licensing for family child care homes serving four or more unrelated children. The Department of Health and Human Services administers uniform standards that…
Nevada
Heavy RestrictionsNevada requires state licensing through the Division of Public and Behavioral Health for any home caring for more than four unrelated children, setting uniform background-check…
New Hampshire
Some RestrictionsNew Hampshire RSA 170-E requires state licensing of family child care homes by the Department of Health and Human Services, establishing uniform health, safety, and capacity standards…
New Jersey
Some RestrictionsThe New Jersey Family Day Care Provider Registration Act creates a uniform statewide registration system for home daycares serving up to five children, with the state preempting most…
New Mexico
Heavy RestrictionsNew Mexico requires registration or licensing of in-home child care providers through the Early Childhood Education and Care Department, with statewide standards on capacity, ratios…
New York
Heavy RestrictionsNew York Social Services Law preempts municipalities from imposing additional licensing on family or group family day care homes and requires the Office of Children and Family Services…
North Carolina
Heavy RestrictionsNorth Carolina General Statute 110-86 and Chapter 110 Article 7 require state licensure for any home caring for three or more unrelated children, preempting most local attempts to ban…
North Dakota
Some RestrictionsNorth Dakota's Department of Health and Human Services licenses family and group child care homes under NDCC 50-11.1, preempting most local licensing of in-home daycare operations…
Ohio
Heavy RestrictionsOhio Revised Code Chapter 5104 creates a statewide licensing framework for in-home child care, classifying providers as Type A or Type B family child care homes and preempting local…
Oklahoma
Heavy RestrictionsOklahoma Department of Human Services licenses all family child care homes serving more than two unrelated children. State licensing standards preempt conflicting local rules on…
Oregon
Some RestrictionsOregon licenses family child care homes through the Department of Early Learning and Care under ORS 329A.250-329A.450. State law preempts local zoning that would prohibit registered or…
Pennsylvania
Heavy RestrictionsPennsylvania requires Department of Human Services certification for family child day care homes serving four to six unrelated children, with statewide background checks, training, and…
Rhode Island
Heavy RestrictionsRhode Island licenses family child care homes through the Department of Human Services under RIGL Chapter 42-12.5, and RIGL 45-24-37 protects licensed family daycare from exclusionary…
South Carolina
Heavy RestrictionsSouth Carolina requires family childcare homes serving more than a limited number of unrelated children to register or be licensed by DSS. State law establishes uniform health, safety…
South Dakota
Some RestrictionsSouth Dakota family child care is regulated under SDCL Chapter 26-6 by the South Dakota Department of Social Services Division of Child Care Services. Family child care homes serving…
Tennessee
Some RestrictionsTennessee licenses family child care homes (up to seven children) and group homes (eight to twelve) through the Department of Human Services under T.C.A. § 71-3-501 et seq. A DHS…
Texas
Some RestrictionsTexas Human Resources Code Chapter 42 governs licensing and registration of home-based child care statewide through HHSC. Registered family homes serve up to 6 children under 14, must…
Utah
Some RestrictionsUtah requires state licensure or certification for residential child care above set thresholds, administered by the Department of Health and Human Services, with statewide standards…
Vermont
Some RestrictionsVermont state law licenses family child care homes through the Department for Children and Families and prohibits municipalities from using zoning to exclude state-registered or…
Virginia
Heavy RestrictionsVirginia requires a state license for family day homes caring for five to twelve unrelated children under Va. Code 22.1-289.02, setting uniform capacity, training, and background-check…
Washington
Heavy RestrictionsWashington licenses family home child care providers through DCYF and preempts local zoning that would treat licensed home daycares as commercial uses requiring special permits.
West Virginia
Heavy RestrictionsWest Virginia licenses in-home child care by size: an informal home cares for three or fewer children, a registered family child care home for four to six children, and a licensed…
Wisconsin
Heavy RestrictionsWisconsin requires state licensing or certification for any home caring for four or more unrelated children. The Department of Children and Families administers uniform standards that…
Cities & Counties with Home Daycare Rules
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Alabama
California
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