Family childcare in MA is licensed by the Department of Early Education and Care (EEC) under 606 CMR. MGL c. 40A §3 protects family daycare (up to 6-10 kids) as a by-right residential use — no local zoning can exclude it.
Massachusetts family childcare is licensed statewide by the Department of Early Education and Care (EEC) under 606 CMR 7.00. Family Child Care (FCC): up to 6 children full-time plus 2 school-age part-time. Large Family Child Care: up to 10 children with an approved assistant. MGL c. 40A §3 expressly protects family daycare as a residential use — local zoning bylaws cannot prohibit or require special permits for state-licensed FCCs. EEC requires CORI/SORI background checks, CPR/first aid, orientation training, annual professional development, fire inspection, and liability insurance. Quincy, Brookline, and Weymouth cannot impose zoning barriers beyond what's in MGL c. 40A §3. Fire inspection by local FD mandatory before EEC licensing. Parking for drop-off must not create nuisance. Group daycare centers (11+ kids) are commercial uses subject to full zoning review.
Unlicensed childcare: EEC cease-and-desist, up to $10,000 under MGL c. 15D §6. License violations: suspension/revocation. Local zoning attempts to ban FCC: preempted under MGL c. 40A §3.
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See how Bellingham's home daycare rules stack up against other locations.
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