Tennessee Statewide Rule
Tennessee Family Child Care Home Licensing Preemption
Key Facts
- Family home capacity
- Up to 7 children
- Group home capacity
- 8-12 children
- Licensing agency
- Tennessee DHS (§ 71-3-501+)
- Zoning
- Governed locally
Summary
Tennessee licenses family child care homes (up to seven children) and group homes (eight to twelve) through the Department of Human Services under T.C.A. § 71-3-501 et seq. A DHS license is mandatory; local zoning still governs where such homes may operate.
Except as required by subdivision (b)(2), a local governing authority shall treat a child care family home as residential property in the application of local regulations, including: (A) Zoning; (B) Land use development; and (C) Sanitation.
Full Breakdown
Tenn. Code Ann. § 71-3-501 et seq. defines family child care homes (serving up to seven children) and group child care homes (eight to twelve) and vests licensing authority in the Department of Human Services (§ 71-3-502). Operators must meet background-check, training, and safety-inspection requirements. A license is mandatory; operating an unlicensed child care agency is an offense. Local governments regulate the location of these homes through zoning and may impose signage, parking, and structural-alteration rules. Some jurisdictions treat licensed family child care homes as a residential use, but Tennessee has no blanket statute barring local zoning of them.
Violations & Penalties
Operating a child care agency without a DHS license is a Class A misdemeanor. Operators must also comply with applicable local zoning, signage, and building rules.
Frequently Asked Questions
Can my Tennessee city regulate home daycares?
How do I get licensed for a Tennessee family child care home?
Sources
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