Illinois Home Daycare Law: Statewide Home Business Rules (2026)

Key Facts

Statute: 225 ILCS 10/ (Child Care Act)
Family home: Up to 8 children
Group home: Up to 12 children
Licensing agency: Illinois DCFS
Zoning status: Permitted residential use

Full Breakdown

Under the Child Care Act of 1969 (225 ILCS 10/) administered by DCFS, family day care homes serving up to 8 children and group day care homes serving up to 12 must be licensed. State rule 89 Ill. Adm. Code 406 sets capacity, training, background check, and safety standards. Illinois law treats licensed family day care homes as a permitted residential use, and zoning ordinances cannot exclude them from areas where single-family homes are allowed, though reasonable safety and capacity rules may apply.

Violations & Penalties

Operating an unlicensed home daycare with non-relatives, exceeding licensed capacity, or municipal zoning that excludes licensed family day care homes from residential districts.

Frequently Asked Questions

Do I need a license to run a daycare from my Illinois home?

Yes, if you care for more than three unrelated children. DCFS licensing requires background checks, training, home inspection, and compliance with the Child Care Act and 89 Ill. Adm. Code 406.

Can my city zone out home daycares in Illinois?

No. Licensed family day care homes are treated as residential use statewide, and municipalities cannot prohibit them from districts that allow single-family residences under DCFS regulations.

How many children can a licensed home daycare serve?

Family day care homes may serve up to 8 children including the provider's own. Group day care homes with a qualified assistant may serve up to 12 children with age-mix limits.

Illinois Day Care Home Licensing Statewide Standards

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

See something wrong?