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Shelby County, TN Home Business: Home Daycare (2026)

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

Key Facts

Licensing agency
TN Dept. of Human Services
Family home
5 to 7 unrelated children
Group home
8 to 12 children
License trigger
5+ children, 3+ hours/day
Rules
Tenn. Comp. R. 1240-04-01

Summary

In-home child care in Shelby County is licensed by the Tennessee Department of Human Services (DHS). A family child care home caring for five to seven unrelated children for three or more hours a day must be DHS-licensed.

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

The Department of Human Services licenses child care agencies with five (5) or more unrelated children operating for three (3) or more hours per day unless exempt.

Full Breakdown

The Tennessee Department of Human Services licenses child care agencies with five or more unrelated children operating three or more hours per day, unless exempt. A 'family child care home' serves at least five but not more than seven unrelated children; a 'group child care home' serves at least eight but not more than twelve (up to fifteen with three additional school-agers). DHS rules (Tenn. Comp. R. & Regs. 1240-04-01) set adult-to-child ratios, five-year background checks, health and safety standards, and require pools be made inaccessible by fences and locked gates. In unincorporated Shelby County, a child care center is a prohibited home occupation under UDC 2.7.4, but a group day care home is a permitted residential use.

Violations & Fines

Providing care to five or more unrelated children three or more hours a day without a DHS license, when not exempt, is illegal and can be reported to the DHS complaint hotline. Zoning limits are separately enforced by the county.

Frequently Asked Questions

When do I need a license for home daycare in Shelby County?
When you care for five or more unrelated children for three or more hours a day and are not exempt; the Tennessee Department of Human Services issues the license.
How many children can a family child care home have?
A family child care home serves at least five but not more than seven unrelated children; a group child care home may serve eight to twelve.
Does county zoning allow home daycare?
A group day care home is a permitted residential use, but a child care center is a prohibited home occupation under UDC 2.7.4. Confirm zoning with the county.

Sources & Official References

Other rules in Shelby County

All Shelby County rules

Compare Shelby County to another location·View the Tennessee home business overview

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