Georgia Statewide Rule
Georgia Family Day Care Home Licensing Preempts Local Bans
Key Facts
- Regulator
- Georgia DECAL
- Registration
- 3-6 children
- License
- 7-12 children
- Background checks
- Required statewide
Summary
Georgia law requires registration or licensure of family day care homes through the Department of Early Care and Learning and limits how strictly local zoning can ban these uses in residential areas.
All early care and education programs that care for children shall be licensed or commissioned annually, and all licenses and commissions issued by the department shall be subject to annual renewal by the department in accordance with procedures, standards, rules, and regulations to be established by the board. (2) Beginning July 1, 2025, the department shall require teachers in all programs licensed or commissioned by the department to receive training on developmentally appropriate evidence based literacy instruction, as provided for in Code Section 20-2-984. Such training shall be aligned with content standards promulgated by the department in collaboration with the Office of Education and Workforce Strategy. (d) The department shall publish in print or electronically and make available to early care and education programs and interested persons a list of guidelines for quality child care. (e) After an early care and education program has been licensed, commissioned, permitted, or registered by the department as provided in this chapter, the program shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that rules and regulations for food service have been incorporated in the regulations for licensing, commissioning, registering, or permitting such programs.
Full Breakdown
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.
Violations & Penalties
Operating a family day care home without DECAL registration or licensure can result in cease-and-desist orders, administrative fines, and criminal misdemeanor liability.
Frequently Asked Questions
Can a Georgia city ban a family day care home in a single-family zone?
Do I need a state license for watching a few neighborhood kids?
Sources
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