Family child care homes serve up to 8 children (12 with assistant) under COMAR 13A.15. MoCo zoning permits daycare by right in residential zones per Section 59.3.3.2.
Maryland Family Law Article, Title 5, Subtitle 5 and COMAR 13A.15 establish statewide standards for family child care. A registered family child care provider may care for up to 8 children (including the provider's own children under age 6) in a residential home. A large family child care home may serve up to 12 children with at least one qualified assistant. Registration is through the Maryland State Department of Education (MSDE) Office of Child Care, which conducts background checks, home inspections, and requires 24 hours of pre-service training plus 12 hours of continuing education annually. Montgomery County Zoning Ordinance Section 59.3.3.2 permits family daycare as an accessory residential use by right in all residential zones without a special exception. Outdoor play areas must be fenced. The provider must maintain liability insurance and comply with fire safety requirements including working smoke detectors on every level and a fire evacuation plan. Montgomery County DHHS coordinates with MSDE on local inspections.
Operating without MSDE registration is a misdemeanor under Maryland Family Law. Fines up to $500 per day. Registration can be revoked for safety violations, exceeding capacity, or substantiated complaints. Montgomery County may enforce zoning violations if the operation exceeds family daycare parameters.
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