Washington Family Home Child Care Licensing Preemption

RCW 43.216 and Chapter 35.63 RCW establish that licensed family home child care serving 12 or fewer children is a residential use and must be permitted in any residential zone without special use or conditional use permits. Cities and counties may not impose zoning, fire, or building code requirements more restrictive than state licensing standards under WAC 110-300. Providers must obtain a Department of Children, Youth, and Families (DCYF) license, complete background checks, meet health and safety training, and comply with caregiver-to-child ratios. Local jurisdictions retain authority over reasonable parking and signage rules.

Operating an unlicensed family home child care can result in cease-and-desist orders, civil penalties up to $250 per day under RCW 43.216.395, and criminal misdemeanor charges for repeat violations.