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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.

13% permissive61% moderate3% strict(850 locations)

How Home Daycare Rules Differ by Place

850 places covered22 strict516 moderate114 permissive

Compton, CA: Compton Home Daycare Regulations

Heavy Restrictions

Licensed 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 Restrictions

Small 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 Restrictions

Family 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 Restrictions

California 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 Restrictions

Chula 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 Restrictions

California 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 Restrictions

Alabama'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 Restrictions

Alaska 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 Restrictions

Arkansas 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 Restrictions

Health 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 Restrictions

Colorado 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 Restrictions

Connecticut 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 Restrictions

Delaware 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 Restrictions

In 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 Restrictions

Florida regulates family and large family child care homes uniformly under Chapter 402, setting capacity limits, training, and inspection requirements applicable statewide.

Georgia

Heavy Restrictions

Georgia 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 Restrictions

Hawaii 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 Restrictions

Idaho 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 Restrictions

Indiana 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 Restrictions

Iowa 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 Restrictions

Kansas 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 Restrictions

Kentucky 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 Restrictions

La. 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 Restrictions

Maine 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 Restrictions

Massachusetts 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 Restrictions

Michigan's Child Care Organizations Act preempts local zoning that would exclude licensed family or group child care homes from residential districts.

Minnesota

Heavy Restrictions

Minnesota 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 Restrictions

Mississippi 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 Restrictions

Missouri 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 Restrictions

Montana 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 Restrictions

Nebraska 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 Restrictions

Nevada 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 Restrictions

New 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 Restrictions

The 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 Restrictions

New 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 Restrictions

New 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 Restrictions

North 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 Restrictions

North 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 Restrictions

Ohio 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 Restrictions

Oklahoma 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 Restrictions

Oregon 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 Restrictions

Pennsylvania 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 Restrictions

Rhode 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 Restrictions

South 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 Restrictions

South 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 Restrictions

Tennessee 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 Restrictions

Texas 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 Restrictions

Utah 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 Restrictions

Vermont 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 Restrictions

Virginia 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 Restrictions

Washington 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 Restrictions

West 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 Restrictions

Wisconsin 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…