Michigan Home Daycare (2026)

Key Facts

Statute: MCL 722.115a
Family home capacity: 1-6 children
Group home capacity: 7-12 children
Licensing agency: LARA BCHS

Full Breakdown

Under MCL 722.115a, licensed family child care homes (1-6 children) are treated as residential uses by right and cannot be zoned out by local ordinance. Group child care homes (7-12 children) must be permitted in single-family residential districts subject only to special-use review on issues like signage, parking, and on-site staff. LARA's Bureau of Community and Health Systems handles licensing under MCL 722.111 et seq.

Violations & Penalties

Local ordinances that exclude or improperly restrict licensed homes are unenforceable and expose the municipality to civil liability.

Frequently Asked Questions

Can my homeowners association ban a licensed daycare?

Restrictive covenants enacted after the home's licensure are generally unenforceable against licensed family child care homes under MCL 722.115a, though courts examine each covenant individually.

Does the state preempt safety inspections too?

Licensing inspections are conducted by LARA, but local fire marshals retain authority over fire and building code compliance under coordinated review with state licensing staff.

Michigan Family And Group Child Care Home State Preemption

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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