HB 1069

If a proposed family child care home obtains the necessary license from the department of human services and any necessary permits or license from the local government entities with jurisdiction over the location where the family child care hom e is proposed to be sited, then this bill provides that any restrictions on the operation of a family child care home that may be in a declaration applicable to the property where the family child care home is proposed to be sited are void and of no effect , and must not be enforced by the homeowners' association. As used in this bill, a "f amily child care home "" means a place or facility that is operated by a person or entity that provides child care for three or more hours per day for at least five childr en but not more than seven children who are not related to the primary caregiver . T he maximum number of children present in the family child care home, including related children of the primary caregiver must not exceed 12, with the exception that, if the family child care home is operated in the occupied residence of the primary caregiver, children related to the primary caregiver nine or older will not be counted in determining the maximum number of children permitted to be present if those children are provided a separate space from that occupied by the family child care home. However, t he department may permit children in the separate space to interact with the children in the licensed family child care home in such manner as it may determine is approp riate ."