Vermont Statewide Rule
Vermont Family Child Care Home Licensing Preemption
Key Facts
- Statute
- 33 V.S.A. Chapter 35
- Regulator
- DCF Child Development Division
- Registered home capacity
- Up to 10 children
- Zoning treatment
- Residential use protected
- Background checks
- Required statewide
Summary
Vermont state law licenses family child care homes through the Department for Children and Families and prohibits municipalities from using zoning to exclude state-registered or licensed home-based child care, treating it as a permitted residential use.
(a) Unless exempted under subsection (b) of this section, a person shall not operate a child care facility without a license or operate a family child care home without registration from the Department.
Full Breakdown
Under 33 V.S.A. Chapter 35 and Department for Children and Families Child Development Division regulations, family child care homes serving up to six full-time children plus four part-time school-age children must be registered with the state. Vermont's land use statute treats licensed family child care as a residential use that municipalities cannot prohibit through zoning, mirroring the home occupation protection in 24 V.S.A. Section 4412. Health, safety, ratios, and background checks are governed by uniform state rules. Local towns retain limited authority over signage, parking, and noise but cannot ban registered child care from residential zones.
Violations & Penalties
Operating without registration, exceeding capacity limits, or violating health and safety rules may result in license revocation, civil penalties, and child welfare investigations under state law.
Frequently Asked Questions
Can my town prohibit a registered home daycare in a residential zone?
How many children can a registered family child care home serve?
Sources
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