Arkansas Statewide Rule

Arkansas Family Child Care Home Licensing Requirements

Some RestrictionsApplies statewide across Arkansas (2026)

Key Facts

Registered Capacity: Up to 6 children
Licensed Capacity: Up to 10 children
Regulator: Arkansas DHS DCC
Statute: Ark. Code 20-78-201
Background Check: Required

Last verified: September 5, 2026Source: Justia Law

Summary

Arkansas requires state licensing or registration for home-based child care serving non-relative children. The Department of Human Services Division of Child Care administers uniform standards statewide, preempting local licensing while preserving zoning authority over residential daycare locations.

(a) It shall be unlawful for any person, partnership, group, corporation, organization, or association to operate or assist in the operation of a childcare facility which has not been licensed by the Division of Child Care and Early Childhood Education of the Department of Human Services. (b) It shall be unlawful for any person to falsify an application for licensure, to knowingly circumvent the authority of this subchapter to knowingly violate the orders issued by the division, or to advertise the provision of child care which is not licensed or approved or exempt by the division. (c) A violation of this section shall be a Class C misdemeanor.

Source: Justia LawView official code

Full Breakdown

Under Arkansas Code 20-78-201 et seq. and DHS Minimum Licensing Standards, a Registered Family Child Care Home may serve up to 6 unrelated children including the caregiver's own under age 6. Licensed Family Child Care Homes may serve up to 10 children with stricter staffing. Operators must complete background checks, CPR/first aid training, 15 annual training hours, and pass DHS inspections. Homes must meet fire, safety, and sanitation standards. The state preempts local rules duplicating licensing, but cities may regulate parking, signage, and zoning under state law that recognizes family child care as a residential use.

Violations & Penalties

Operating without registration or license is a misdemeanor punishable by fines, immediate closure orders, and exclusion from the Child Care Assistance program.

Frequently Asked Questions

Do Arkansas cities issue daycare licenses?

No. Only the Arkansas Department of Human Services licenses or registers child care. Cities may apply zoning and parking rules but cannot impose separate daycare licensure.

Can a homeowner association ban a state-licensed home daycare?

HOAs may enforce restrictive covenants, but state law generally treats family child care as a residential use, and zoning restrictions targeting only daycares may face legal challenge.

Sources

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