Georgia Family Day Care Home Licensing Preempts Local Bans

O.C.G.A. Title 20, Chapter 1A, and Title 49, Chapter 5, govern child care. A Family Day Care Home (3-6 children) must register with the Department of Early Care and Learning (DECAL); larger group day care homes (7-12) must obtain a license. Operators must meet background-check, training, fire, and safety standards uniform across Georgia. Local governments may apply reasonable zoning, but courts have held that ordinances that effectively prohibit registered family day care homes in residential zones may conflict with state policy favoring home-based child care. Health and safety standards are entirely state-controlled.

Operating a family day care home without DECAL registration or licensure can result in cease-and-desist orders, administrative fines, and criminal misdemeanor liability.