Massachusetts Statewide Rule
Massachusetts Family Child Care Home Licensing Statewide
Key Facts
- Zoning Preemption
- MGL c.40A §3
- Licensing
- 606 CMR 7.00
- Capacity
- Up to 6 + 2 children
- Authority
- EEC statewide
Summary
Massachusetts preempts local zoning of family child care for up to six children under MGL c.28A and c.40A §3, requiring state EEC licensing and treating licensed homes as residential use by right.
Family child care home and large family child care home as defined in section 1A of chapter 15D shall be an allowable use and no city or town shall prohibit or regulate such use in its zoning ordinances or by-laws.
Full Breakdown
Under MGL c.40A §3 (the Dover Amendment), family child care homes licensed by the Department of Early Education and Care are deemed a permitted residential use by right and cannot be excluded by local zoning. Licensing is governed by 606 CMR 7.00 and MGL c.15D. Providers caring for up to six children plus two school-age children must obtain an EEC license, complete background checks, training, and meet health and safety standards uniformly across the Commonwealth.
Violations & Penalties
Operating without an EEC license can result in cease-and-desist orders, fines up to $1,000 per day under MGL c.15D §8, and criminal penalties for repeated violations.
Frequently Asked Questions
Can my Massachusetts town ban a family daycare in my home?
Do I need a license for one or two neighborhood kids?
Sources
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