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Montgomery County, PA Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Certifier
PA Dept of Human Services
Regulation
55 Pa. Code Chapter 3290
Child count
Four to six unrelated children
Requirements
Clearances, inspection, certificate
County role
Zoning only

Summary

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.

City-specific rules exist: Pottstown has its own home daycare rules that differ from Montgomery County's county-level regulations. If you live in Pottstown, check the city-specific page instead.

A home other than the child's own home, operated for profit or not-for-profit, in which child care is provided at any one time to four, five or six children unrelated to the operator.

Full Breakdown

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.

Violations & Fines

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.

Frequently Asked Questions

How many kids can I watch without a license?
Caring for four, five, or six unrelated children requires DHS Family Child Care Home certification under Chapter 3290. Three or fewer is generally exempt; seven or more needs a group/center license.
Does the county certify home daycares?
No. Certification is a Pennsylvania Department of Human Services program. Montgomery County only regulates whether local zoning allows the daycare at your address.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

Compare Montgomery County to another location·View the Pennsylvania home business overview

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