Franklin Zoning Ordinance § 5.2.7.G permits in-home care of up to 4 unrelated children as a by-right home occupation. Larger Family Child Care Homes under Tennessee Department of Human Services rules (Tenn. Comp. R. & Regs. 1240-04-01-.20) may house up to 7 children (or 12 if some are related to the primary educator) and require a state license under T.C.A. § 71-3-501 et seq.
Franklin draws its first regulatory line right at the small-scale family care level: Franklin Zoning Ordinance § 5.2.7.G permits home-based child care for 'no more than four (4) children not related to the resident' as a by-right home occupation, provided the care meets Tennessee Department of Human Services Family Child Care Home standards. Caring for 5 or more unrelated children requires a TDHS license under T.C.A. § 71-3-501 et seq. and Tenn. Comp. R. & Regs. 1240-04-01-.20, which sets the Family Child Care Home cap at 7 children present at any one time (or up to 12 children if those above 7 are related to the primary educator). Staffing ratios scale with infant population: 7 or fewer children with 4 or fewer under age 2 requires 1 educator; 7 or fewer with 5+ infants requires 2 educators; more than 7 with 4 or fewer under age 2 requires 2 educators; more than 7 with 5+ infants requires 3 educators. Children age 9 or older related to the primary educator don't count toward capacity if they have separate space. Once a home exceeds the 7-child (or 12 with related) Family Child Care Home limit it becomes a 'Group Child Care Home' under Tenn. Comp. R. & Regs. 1240-04-01-.21 (8–12 children, or up to 15 with educator approval). For Group Child Care Homes and full Child Care Centers, Franklin requires the use to be sited as a Civic/Institutional use under Title 14 with an outdoor play area placed to the side or rear, bordered by a fence or wall at least 3 feet tall with surrounding shrubs at least 30 inches tall (Zoning Ordinance § 5.2.7.J). All licensed providers must also hold a TDHS Family Child Care Home license (annual licensing fee per T.C.A. § 71-3-504) and pass criminal background checks, fingerprinting, CPR/first aid training, and 18+ hours of annual in-service training.
Operating an unlicensed child care agency above the small-scale threshold is a Class A misdemeanor under T.C.A. § 71-3-507. Local zoning violations (operating a Group Child Care Home without the required site standards) trigger Franklin Building & Neighborhood Services notices under Title 14 Ch. 22 with civil penalties under T.C.A. § 13-7-208.
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