What happens when the state suspends a daycare license

When the Massachusetts Department of Early Education and Care (EEC) suspends a daycare license, the facility must stop operating when ready. The suspension is not a temporary closure you can work around — it is a legal order that prohibits the provider from caring for children until the state lifts it. Parents with children at that facility need to find alternative care within days, not weeks.

A suspension differs from a citation or fine. Those are penalties for violations but allow the facility to keep operating. A suspension means the state has determined that continuing to operate poses a risk serious enough to warrant stopping all activity. The facility cannot accept new children, cannot continue serving existing families, and cannot operate in any capacity during the suspension period.

The state issues suspensions for specific categories of violation: serious health and safety failures, substantiated abuse or neglect, unlicensed operation, or repeated violations of the same rule after prior warnings. A single incident — such as a child left unsupervised or a caregiver with an undisclosed criminal record — can trigger when ready suspension without a waiting period.

Key Takeaways

  • Massachusetts EEC can suspend a daycare license when ready if the violation involves child safety, abuse, neglect, or unlicensed operation, and the facility must close that day.
  • Parents at a suspended facility have no legal recourse to keep their children there; you must find alternative care and can request emergency backup resources from your town or EEC.
  • A suspension remains in effect until the facility corrects the violation and EEC conducts a follow-up inspection that confirms compliance.
  • Providers can request a hearing before the suspension takes effect only if EEC did not find imminent danger; if danger was found, the suspension is effective when ready and the hearing happens after.
  • The state publishes suspension notices on its website, so you can search for any facility's history before enrolling your child.

Why EEC suspends licenses and what violations trigger it

EEC suspends licenses when it finds violations that create when ready risk to children. These fall into a few clear categories. The first is child abuse or neglect — substantiated physical abuse, sexual abuse, emotional abuse, or failure to provide adequate supervision, food, or medical care. A single confirmed incident can result in suspension.

The second category is serious health and safety violations. Examples include a facility operating without required staff present, a caregiver with an undisclosed criminal conviction, failure to maintain required immunization records, or unsafe conditions such as accessible hazards or inadequate sanitation. These are violations that could harm a child when ready, not violations of paperwork or minor building code issues.

The third is unlicensed operation. If a facility is caring for children without a valid license, or if a licensed facility is operating beyond the scope of its license (for example, caring for more children than licensed or operating at hours not approved), EEC can suspend when ready.

The fourth is repeated violations of the same rule. If EEC has cited a facility for the same violation more than once, and the facility has not corrected it, a suspension can follow. This is less common than the first three categories and usually involves violations that have persisted despite prior warnings.

The suspension process and timeline

When EEC inspectors find a violation serious enough to warrant suspension, the process depends on whether the state determines there is imminent danger. If imminent danger is found — meaning a child could be harmed when ready — the suspension takes effect the same day. The facility receives a written notice and must close. Parents are notified, usually by phone and email, and told to pick up their children.

If imminent danger is not found, EEC must give the facility written notice of the violation and an opportunity to request a hearing before the suspension takes effect. The facility has a limited window — usually a few business days — to request that hearing. If the facility requests a hearing, the suspension is delayed until after the hearing concludes. If the facility does not request a hearing, or if the hearing officer upholds the suspension, it takes effect as ordered.

Once a suspension is in place, it remains until the facility corrects the violation and passes a follow-up inspection. The timeline for this varies. Some facilities correct violations within weeks; others take months. EEC does not set a important date for correction — the facility must demonstrate that the problem is fixed and keep it fixed during an unannounced follow-up visit.

After the follow-up inspection, if EEC finds that the violation has been corrected and the facility is now in compliance, the suspension is lifted and the facility can reopen. EEC publishes the lifting of the suspension on its website, just as it publishes the suspension itself.

What parents should do if their child's daycare is suspended

If your child's daycare is suspended, you need to find alternative care when ready. Contact your town's Department of Human Services or Board of Selectmen to ask about emergency childcare resources. Many towns maintain lists of licensed providers with when ready openings or can connect you with backup care networks. Some towns offer emergency childcare subsidies for families displaced by a facility closure.

You can also contact EEC directly at 617-988-3000 to ask about resources in your area. EEC maintains a searchable database of licensed providers and can tell you which facilities have openings. If you receive childcare subsidies through the state, notify your subsidy administrator when ready — they can help you transition to a new provider and may waive waiting periods or copayments during the transition.

Document the suspension and the date your child left the facility. If you paid tuition in advance or for days your child did not attend, you may have a claim against the facility for a refund. Contact your state representative or the Attorney General's office if you believe the facility owes you money and is not responding to requests for repayment.

Do not attempt to continue using the suspended facility or to arrange informal care with the same provider. Doing so could result in your child being placed in an unlicensed setting, which exposes your child to risk and may trigger involvement by child protective services.

How to check a facility's suspension history before enrolling

Before enrolling your child in any daycare, check the facility's record with EEC. Visit the EEC website at mass.gov/eec and use the searchable provider database. You can search by facility name, town, or license number. The database shows the facility's current license status, the type of license it holds, and any public enforcement actions — including suspensions, citations, and fines.

The database also displays the date of the most recent inspection and a summary of violations found. If a facility has a history of suspensions or repeated violations, that information is visible. You can also request a full inspection report from EEC by submitting a public records request; the state must provide it within 10 business days.

If you see that a facility has been suspended, contact EEC to confirm whether the suspension has been lifted. Suspension notices remain on the website even after they are lifted, so you need to verify the current status. Ask EEC for the date the suspension was lifted and whether the facility has had any violations since reopening.

A provider's right to a hearing and appeal

If EEC suspends a license without finding imminent danger, the facility has the right to request a hearing before the suspension takes effect. The hearing is conducted by a hearing officer who is independent of EEC. The facility can present evidence that the violation did not occur, that it has been corrected, or that suspension is not warranted.

The hearing officer can uphold the suspension, overturn it, or modify it — for example, by imposing conditions on the license rather than suspending it outright. The hearing officer's decision is binding unless the facility appeals to the Superior Court, which is rare and requires the facility to show that the hearing officer's decision was arbitrary or not supported by the evidence.

If EEC suspends a license based on imminent danger, the facility does not get a hearing before the suspension takes effect. Instead, the hearing happens after the suspension is in place. This is because the state prioritizes stopping the when ready risk over giving the facility a pre-suspension hearing. The facility can still request a hearing and present evidence, but the suspension remains in effect during the hearing process.

Frequently Asked Questions

Can a suspended daycare reopen at a different location?

No. The suspension applies to the license, not the location. If the same person or organization holds the license, they cannot operate anywhere until the suspension is lifted. If they want to operate at a new location, they must first have the current suspension lifted, then explore for a new license for the new facility.

What if I paid tuition for days my child did not attend because of the suspension?

You may have a claim for a refund. Contact the facility in writing and request repayment for unused tuition. If the facility does not respond, file a complaint with the Attorney General's Consumer Protection Division or small claims court. Keep all receipts and enrollment agreements as evidence.

How long does a suspension usually last?

There is no set timeline. It depends on how quickly the facility corrects the violation and passes a follow-up inspection. Some facilities reopen within a month; others take several months. EEC does not impose a important date, so the facility controls the pace of correction.

Can I still use a facility if it is under suspension but says it is open?

No. A suspended facility is not legally permitted to operate. If a facility is operating during a suspension, it is breaking the law. Do not use it — doing so puts your child in an unlicensed setting and may expose you to legal liability.

Where can I find the list of suspended daycares in Massachusetts?

The EEC provider database at mass.gov/eec shows all current and recent enforcement actions, including suspensions. You can search by town or facility name. The database is updated regularly, though there may be a delay of a few days between when EEC issues a suspension and when it appears online.