Children’s ACCESS to Family Child Care Homes

Issue:

All across the state, parents and children are being denied access to family child care in neighborhoods where they live because of deed restrictions.

Recent court rulings have determined that a neighborhood can actually prohibit family child care homes, superseding F.S. 1125.0109 that defines family child care as a legitimate, allowable activity in areas zoned for residential use. Deed restrictions severely limit parent choice. Parents who want their child cared for in a home environment near their own home are being forced to seek family child care outside their neighborhoods - or even to choose another form of care because of the unavailability of family child care.

Impact:

Deed restrictions punish not only children and parents but also family child care providers who desire to operate legally. Those who opt to disregard the law will care for children without seeking registration or licensure in these same neighborhoods and take their chances. These providers are usually not trained and have no home inspections to ensure the health and safety of children in care. Some parents will choose them because they are conveniently located.

This court ruling is punishing children and access to family child care providers who want to obey the law, offer a high quality program, and follow the standards required for state regulated programs. The health, safety, early education, and well being of children are at stake.

Solution:

Legislation supporting family child care as a viable residential use.

Background:

Florida Statue 402.302 says "Family day care home" means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit...

Florida Statue 1125.0109 Family day care home local zoning regulation. --The operation of a residence as a family day care home, as defined by law, registered or licensed with the Department of Children and Family Services shall constitute a valid residential use for purposes of any local zoning regulations… to operate in an area zoned for residential use.