Tennessee Home Daycare (2026)

Key Facts

Family Home Capacity: Up to 7 children
Group Home Capacity: 8-12 children
Licensing Agency: Tennessee DHS
Zoning Status: Residential use protected

Full Breakdown

Tenn. Code Ann. Section 71-3-501 et seq. defines family child care homes (4-7 children) and group child care homes (8-12 children) and vests licensing authority with the Department of Human Services. Tenn. Code 14-3-102 limits municipal zoning interference with licensed family child care operations in single-family residential zones, treating them as residential uses. Operators must meet background check, training, and safety inspection requirements set by the state. Local governments may regulate signage, parking, and structural alterations but cannot ban a properly licensed family child care home from a residential district.

Violations & Penalties

Operating without DHS licensure is a Class A misdemeanor; municipal interference with licensed homes may be challenged under state preemption.

Frequently Asked Questions

Can my Tennessee city ban home daycares?

No, Tennessee law treats licensed family child care homes serving up to seven children as residential uses, and cities cannot prohibit them in single-family zones.

How do I get licensed for a Tennessee family child care home?

Apply through the Department of Human Services with background checks, required training hours, fire and health inspections, and proof of liability insurance under Title 71.

Tennessee Family Child Care Home Licensing Preemption