Newark, NJ Home Business: Home Daycare (2026)

Under N.J.S.A. 40:55D-66.5b, a registered family daycare home is a permitted use in every residential zoning district in New Jersey, and no municipality, including Newark, may prohibit or unreasonably restrict such use through local zoning ordinances. A family daycare home is the private residence of a provider who cares for no more than five children at any one time, not counting the provider's own children. Providers must register with the NJ Department of Children and Families (DCF) under the Family Day Care Provider Registration Act (N.J.S.A. 30:5B-16 et seq.) and comply with the Manual of Requirements for Family Child Care Registration (N.J.A.C. 3A:54). Registration requirements include background checks (CARI and criminal history), CPR and first aid certification, a safe and sanitary home environment, smoke detectors and fire extinguishers, fenced outdoor play areas or supervised alternatives, and compliance with local fire and building codes. The home must maintain the exterior appearance of a residence, and care cannot generate traffic or noise beyond what is typical for a residential neighborhood. Group family daycare homes serving six to twelve children require a separate license from DCF as a child care center and are subject to additional staffing and facility requirements. Newark does not require a separate zoning permit for a registered family daycare home because state law preempts local restrictions.