Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H255 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1237 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 255
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael P. Kushmerek and Natalie M. Higgins
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to enabling access and empowering early educators.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael P. Kushmerek3rd Worcester1/14/2025Natalie M. Higgins4th Worcester1/14/2025James B. EldridgeMiddlesex and Worcester2/18/2025 1 of 7
16	16	HOUSE DOCKET, NO. 1237 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 255
18	18	By Representatives Kushmerek of Fitchburg and Higgins of Leominster, a petition (accompanied
19	19	by bill, House, No. 255) of Michael P. Kushmerek, Natalie M. Higgins and James B. Eldridge
20	20	relative to family child care homes. Children, Families and Persons with Disabilities.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to enabling access and empowering early educators.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Notwithstanding any general or special law or any rule or regulation to the
30	30	2contrary, chapter 23B of the General Laws is hereby amended by inserting after section 30 the
31	31	3following new sections:
32	32	4 Section 31. Definitions applicable to Secs. 32 to 36
33	33	5 As used in sections thirty-two to thirty-six, the following words shall have the following
34	34	6meanings, unless a different meaning clearly is indicated from the context:
35	35	7 "Applicant,” the individual who has been designated as the person responsible for the
36	36	8administration of the program or facility and is the duly authorized agent of the person applying
37	37	9for licensure or approval.
38	38	10 “Child,” any person younger than 14 years old, or 16 years old with special needs. 2 of 7
39	39	11 “Children with Special Needs,” a child who, because of temporary or permanent
40	40	12disabilities arising from intellectual, sensory, emotional, physical, or environmental factors, or
41	41	13other specific learning disabilities, is or would be unable to progress effectively in a regular
42	42	14school program.
43	43	15 “Day,” calendar days unless otherwise specified.
44	44	16 “Department,” the Department of Early Education and Care.
45	45	17 “Family child care home,” a private residence which, on a regular basis, receives for
46	46	18temporary custody and care during part or all of the day, children under 7 years of age, or
47	47	19children under 16 years of age if those children have special needs, and receives for temporary
48	48	20custody and care for a limited number of hours children of school age under regulations adopted
49	49	21by the board. The total number of children under 16 in a family child care home shall not exceed
50	50	226, including participating children living in the residence. Family child care home shall not mean
51	51	23a private residence used for an informal cooperative arrangement among neighbors or relatives,
52	52	24or the occasional care of children with or without compensation.
53	53	25 ''Large family child care home'', a private residence which, on a regular basis, receives
54	54	26for temporary custody and care during part, or all of the day, children under 7 years of age, or
55	55	27children under 16 years of age if such children have special needs, and receives for temporary
56	56	28custody and care for a limited number of hours children of school age under regulations
57	57	29promulgated by the board, but the number of children under the age of 16 in a large family child
58	58	30care home shall not exceed 10, including participating children living in the residence. A large
59	59	31family child care home shall have at least 1 approved assistant when the total number of children
60	60	32participating in child care exceeds 6. Large family child care home shall not mean a private 3 of 7
61	61	33residence used for an informal cooperative arrangement among neighbors or relatives, or the
62	62	34occasional care of children with or without compensation.
63	63	35 “Restriction,” included, but not limited to, a limiting condition or measure imposed
64	64	36orally, in writing, or by conduct and including prohibition.
65	65	37 “Unreasonably impracticable,” that the measures necessary to comply with the
66	66	38regulations, ordinances, or by-laws adopted pursuant to this chapter subject licensees to
67	67	39unreasonable risk or require such a high investment of risk, money, time, or any other resource
68	68	40or asset that a reasonably prudent business person would not operate a family child care home.
69	69	41 Section 32. regarding use and occupancy of family child care homes; restrictive
70	70	42covenants prohibited.
71	71	43 a) A city or town may adopt ordinances and by-laws that impose reasonable safeguards
72	72	44on the operation of family child care homes, provided that they are not unreasonably
73	73	45impracticable and are not in conflict with this chapter or with regulations made pursuant to this
74	74	46chapter and that:
75	75	47 (1) they do not preclude the operation of a family child care home through zoning
76	76	48ordinances or bylaws;
77	77	49 (2) they do not limit the number of family child care homes in the city or town;
78	78	50 (3) they do not restrict licensed family child care homes as a public nuisance;
79	79	51 (4) they do not enact an additional business license requirement or fee above the
80	80	52Department’s standard. 4 of 7
81	81	53 b) No city or town shall prohibit the operation of family child care homes within the
82	82	54city or town or adopt an ordinance or by-law that makes the operation of a family child care
83	83	55home unreasonably impracticable.
84	84	56 c) No city or town shall require payment of a fee to that city or town that is not directly
85	85	57proportional and reasonably related to the costs imposed upon the city or town by the operation
86	86	58of the family child care home. Any cost to a city or town by the operation of a family child care
87	87	59home shall be documented and considered a public record as defined by clause Twenty-Sixth of
88	88	60section 7 of chapter 4 of the General Laws.
89	89	61 Section 33. Restrictions on use or occupancy of real property as family child care home
90	90	62prohibited; notice to landlord or owner.
91	91	63 a) Every provision in a written instrument relating to real property that purports to
92	92	64restrict the conveyance, encumbrance, leasing, or mortgaging of the real property for use or
93	93	65occupancy as a family child care home is void, and every restriction in that written instrument as
94	94	66to the use or occupancy of the property as a family child care home is void.
95	95	67 b) An attempt to deny, restrict, or encumber the conveyance, leasing, or mortgaging of
96	96	68real property for use or occupancy as a family child care home is void. A restriction related to the
97	97	69use or occupancy of the property as a family child care home is void. A property owner or
98	98	70manager shall not refuse to sell or rent, or refuse to negotiate for the sale or rental of, or
99	99	71otherwise make unavailable or deny, a detached single-family dwelling, a townhouse, a dwelling
100	100	72unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the
101	101	73underlying zoning allows for residential use to a person because that person is a family child care
102	102	74provider. 5 of 7
103	103	75 c) Except as provided in subdivision (d), a restriction, whether by way of covenant,
104	104	76contract, condition upon use or occupancy, or by transfer of title to real property, that restricts
105	105	77directly or indirectly limits the acquisition, use, or occupancy of a detached single-family
106	106	78dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered
107	107	79multifamily dwelling in which the underlying zoning allows for residential use as a family child
108	108	80care home is void.
109	109	81 d) (1) A prospective family child care home provider who resides in a rental
110	110	82property shall provide thirty (30) days’ written notice to the landlord or owner of the rental
111	111	83property prior to the commencement of operation of the family child care home.
112	112	84 (2) A family child care home provider who has relocated an existing licensed
113	113	85family child care home program to a rental property, may provide less than 30 days’ written
114	114	86notice when the department approves the operation of the new location of the family daycare
115	115	87home in less than 30 days, or the property is licensed in less than 30 days, so that service to the
116	116	88children served in the former location not be interrupted.
117	117	89 e) During the license application process for a small or large family daycare home, the
118	118	90department shall notify the applicant that the remedies and procedures in chapter 186, section
119	119	9115F of the General Laws and chapter 151B, sections four through eight of the General Laws to
120	120	92fair housing are available to family child care home providers, family child care home provider
121	121	93applicants, and individuals who claim that any of the protections provided by sections 31 through
122	122	9436 of this chapter have been denied.
123	123	95
124	124	96 Section 34. Use of home as family child care home considered residential use of property. 6 of 7
125	125	97 The use of a home as a family child care home, operated under the standards of state law,
126	126	98in a residentially zoned area shall be considered a residential use of property for the purposes of
127	127	99all local ordinances, regulations, and rules, and shall not fundamentally alter the nature of the
128	128	100underlying residential use.
129	129	101 Section 35. Restrictions on use or occupancy of real property as family daycare home
130	130	102prohibited; notice to landlord or owner.
131	131	103 a) The use of a home as a family daycare home shall be considered a residential use of
132	132	104property and a use by right for the purposes of all local ordinances, including, but not limited to,
133	133	105zoning ordinances.
134	134	106 b) A local jurisdiction shall not impose any additional business license, fee, or tax for
135	135	107the privilege of operating a family daycare home.
136	136	108 c) Use of a home as a family daycare home shall not constitute a change of occupancy
137	137	109for purposes of local building codes.
138	138	110 d) The provisions of this chapter do not preclude a city, county, or other local public
139	139	111entity from placing restrictions on building heights, setback, or lot dimensions of a family
140	140	112daycare home, as long as those restrictions are identical to those applied to all other residences
141	141	113with the same zoning designation as the family daycare home. This chapter does not preclude a
142	142	114local ordinance that deals with health and safety, building standards, environmental impact
143	143	115standards, or any other matter within the jurisdiction of a local public entity, as long as the local
144	144	116ordinance is identical to those applied to all other residences with the same zoning designation as
145	145	117the family daycare home. This chapter also does not prohibit or restrict the abatement of
146	146	118nuisances by a city, county, or city and county. However, the ordinance or nuisance abatement 7 of 7
147	147	119shall not distinguish family daycare homes from other homes with the same zoning designation,
148	148	120except as otherwise provided in this chapter.
149	149	121 Section 36. Severability and existing licenses and approvals.
150	150	122 a) If any provision contained in sections 31-36 or the application thereof is held invalid
151	151	123to any person or circumstances, the remainder of sections 31-36 and the application of the
152	152	124provision in question to other persons not similarly situated, or to other circumstances, shall not
153	153	125be affected thereby.
154	154	126 b) Any license or approval issued under the existing provisions of the chapter 15D of
155	155	127the General Laws and regulations made pursuant to that chapter in effect prior to the passage of
156	156	128this legislation shall, notwithstanding its expiration date, remain in effect, unless suspended or
157	157	129revoked, until a new license or approval is issued or expressly refused or revoked by the
158	158	130Department.