A home caring for four, five, or six unrelated children must be certified as a Family Child Care Home by the PA Department of Human Services under 55 Pa. Code Chapter 3290. This is a state certification; Montgomery County zoning still governs where it may operate.
Home child care in Pennsylvania is certified by the Department of Human Services, not Montgomery County. Under 55 Pa. Code 3290.4, a Family Child Care Home is a home other than the child's own home in which child care is provided at any one time to four, five or six children unrelated to the operator. Chapter 3290 applies to homes caring for four to six unrelated children age 15 or younger and requires a certificate of compliance, background clearances, health and safety standards, and inspections. Caring for seven or more children is a licensed group or center facility under a different chapter. Local zoning determines whether the use is permitted at the address.
Operating a family child care home without DHS certification violates state law and can result in cease-operation orders and penalties from the Department of Human Services; zoning violations are enforced separately by the municipality.
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See how Montgomery County's home daycare rules stack up against other locations.
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