North Carolina Statewide Rule
Family Child Care Home Licensing in North Carolina
Key Facts
- Statute
- N.C.G.S. 110-86
- Child cap
- Up to 8 children
- Regulator
- DCDEE
- Zoning treatment
- Residential use
Summary
North Carolina General Statute 110-86 and Chapter 110 Article 7 require state licensure for any home caring for three or more unrelated children, preempting most local attempts to ban regulated family child care homes from residential zones.
A family child care home is allowed to provide care for one of the following groups of children, including the operator's own preschool-age children and excluding the operator's own school-age children up to 13 years of age: 1. A maximum of eight children, with no more than five children who are from birth to 5 years of age, plus three school-age children. 2. A maximum of three children from birth to 24 months of age, plus three children from 2 to 5 years of age and three school-age children up to 13 years of age, for a total of nine children. 3. A maximum of 10 children if all children are older than 24 months of age.
Full Breakdown
Under NC law, a family child care home is a residence caring for three to eight children. Operators must be licensed by the Division of Child Development and Early Education, complete background checks, training, and CPR certification. State law treats licensed family child care homes as residential uses for zoning purposes, limiting cities' ability to exclude them. Operators must follow staff-child ratios, safe sleep rules, and facility standards regardless of locality. Local zoning may still address parking and traffic but not ban the use itself.
Violations & Penalties
Operating without a license, exceeding the eight-child cap, failing background checks, or violating ratios can lead to license revocation and civil penalties.
Frequently Asked Questions
Can a North Carolina city zone family child care homes out of residential neighborhoods?
How many children can I care for at home without a license in NC?
Sources
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