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Home Daycare License Requirements in Montana (2026)

Opening a home daycare in Montana means getting a family child care home license from the Montana Department of Public Health and Human Services (DPHHS), Early Childhood and Family Support Division. Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.

Who needs a license — home types in Montana

The tiers are drawn by head count on a "regular basis," itself defined as care to children of separate families for daily periods under 24 hours, for three or more consecutive weeks at a time (52-2-703(14), MCA; ARM 37.96.101(30)). A FAMILY CHILD CARE FACILITY is a private residence OR OTHER STRUCTURE serving three to eight children on a regular basis (ARM 37.96.102(2)(c); 52-2-703(6), MCA); a GROUP CHILD CARE FACILITY serves nine to 15 (ARM 37.96.102(2)(d)); at 16 the setting becomes a child care center and must be LICENSED (ARM 37.96.102(2)(e), (3)(a)). Below the family tier sit two optional in-residence categories: an RCE provider cares for a sibling group of any size or no more than two children from separate households, an FFN provider for a sibling group of any size or no more than six children from separate households (ARM 37.96.102(2)(a), (b)). "Sibling group" means all children are from the same household (ARM 37.96.101(36)), so the FFN ceiling counts children from SEPARATE families. The trigger into the system is the number seven: any provider serving seven or more children on a regular basis must be licensed or registered (ARM 37.96.102(3)). The statute says it from the other side — a person providing day care in a private residence for SIX OR FEWER children is not required to register and is exempt from the entire part, provided that person does not receive subsidy payments under 52-2-713, MCA (52-2-721(7), MCA).

That proviso is where people trip: the moment you want a Best Beginnings scholarship child the exemption evaporates, because payments run only to a facility licensed or registered by the department. ARM 37.96.102(3)(b)(i) says it directly — providers serving three to six children may CHOOSE to register as family or FFN, and "registration is required for providers who receive or wish to receive subsidy payments." Registration is not portable: valid only for the provider and premises issued, never sold, assigned or transferred (ARM 37.96.117), and in a private single-family structure the department issues only ONE registration or license for the structure and premises (ARM 37.96.121(2)(a)).

How many children you can care for in Montana

Family child care facility: 8 children. Group child care facility: 15. Those cap the CATEGORY; your own limit is the "capacity" on the certificate — the maximum number of children the department authorizes in care at any given time (ARM 37.96.101(2)) — and you may not exceed it at any one time (ARM 37.96.106(1)). Four edge cases decide whether you are inside it. FIRST, your own children usually count: children of staff or owners present in the child care space during child care hours are included when counting children for registration TYPE and CAPACITY (ARM 37.96.103(2)), and the statute requires the applicant's own children to be included (52-2-721(3), MCA). The only exception is narrow and written for owners alone — children of OWNERS who attend school full time are not counted (ARM 37.96.103(2)(a)); read literally, no equivalent relief exists for a staff member's school-age children. SECOND, facility type is not self-declared: it is determined by the application, the registered capacity, the space designated, the number of staff available to meet ratio, and whether any other safety, health or program requirement is affected (ARM 37.96.103(1)). A ninth child converts you into a group child care facility, and from that moment statute requires at least two caregivers at all times when more than eight children are present at a group day-care home (52-2-737, MCA); a sixteenth converts you into a center, which must be licensed and must first produce a state fire prevention certificate and a local public health certificate (52-2-734(2), 52-2-735(4), MCA).

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Adult-to-child ratios

Montana gives home providers no age-band grid. The entire rule for FAMILY and GROUP facilities is ARM 37.96.106(5): a facility serving mixed age groups may use an 8:1 child-to-staff ratio WITH NO MORE THAN THREE CHILDREN UNDER TWO YEARS OLD; any time more than three children under two are present in a mixed-age program, at least two staff members must be present with the group; and a facility serving solely children under two must use 4:1. Children must be supervised at all times (37.96.106(7)), and "supervision" means the provider and such staff as are necessary to maintain ratio must be able to SEE OR HEAR the children at all times (ARM 37.96.101(38)). The under-two cap is the trap: it is not a capacity limit and is not cured by a second adult being in the building — it is the condition on using 8:1 at all, so a registered family home with four infants must staff two people at half its capacity. At nine children the statute adds its own floor: at least two caregivers whenever more than eight children are present at a group day-care home (52-2-737, MCA). OVERLAP CARE is the one approved way past the registered number, and it is tightly bounded (ARM 37.96.106(6)). It exists for situations such as before and after school when the number of children OVER THREE YEARS OLD exceeds capacity for a short period.

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Training you must complete before licensure

Montana splits initial training into a 30-day and a 90-day tier; the 30-day tier is genuinely pre-service because it must be finished before you provide unsupervised care. All staff and owners included in child-to-staff ratios must complete department-approved orientation training, comprising both tiers (ARM 37.96.914(1)). WITHIN 30 DAYS OF HIRE AND BEFORE PROVIDING UNSUPERVISED CARE: infant, child and adult CPR, infant choking response and pediatric first aid, with CPR completed in a HANDS-ON setting — or verification of current certification from the American Heart Association, American Red Cross or another CCL-approved entity; plus SIDS prevention and safe sleep practices if the registration permits infants; plus prevention of shaken baby syndrome and abusive head trauma if it permits infants or toddlers (ARM 37.96.914(2)). WITHIN 90 DAYS OF HIRE, ten further topics: infectious disease control including immunization; child development; medication administration; food and allergic-reaction emergencies; building and premises safety; emergency preparedness; hazardous materials; disposal of bio-contaminants; transportation; and recognizing and mandatory reporting of child abuse and neglect (ARM 37.96.914(4)). Programs serving EXCLUSIVELY school-age children skip infant CPR, infant choking response, SIDS, safe sleep and shaken baby training (37.96.914(3));

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Ongoing (annual) training

16 hours a year. All staff and owners working more than 500 hours annually at any licensed or registered facility must complete required annual training as defined in the Practitioner Registry, and staff and owners of licensed centers and of REGISTERED GROUP AND FAMILY child care facilities must complete 16 hours (ARM 37.96.915(1), (1)(a)); licensed school-age care and registered FFN providers complete eight (37.96.915(1)(b)). Two conditions travel with the number and are easy to miss: the training must be APPROVED THROUGH THE PRACTITIONER REGISTRY, so an unapproved workshop does not count however relevant (37.96.915(2)), and it must relate to the Montana Early Care and Education Knowledge Base (37.96.915(3)). The 500-hour threshold means a genuinely occasional substitute may fall outside the annual requirement while still owing full orientation and background checks. Separately, everyone required to complete orientation training — including RCE and FFN providers — must complete a department-approved HEALTH AND SAFETY REFRESHER COURSE at least every three years, and it counts toward the 16 hours (ARM 37.96.918); orientation also counts (37.96.914(5)), which softens year one.

CPR and pediatric first aid are a condition of the role rather than hours and must simply be kept current (37.96.902(4)(d)). Policies run on their own annual clock: all policies must be reviewed and updated annually (ARM 37.96.303(10)), children's records at least once a year (37.96.308(4)).

Background checks

Montana screens the household, not just the payroll. Satisfactory results are required BEFORE approval of any license or registration, or any staff approval, for directors, owners, site directors, lead teachers, teachers, substitutes, trainees, support staff and volunteers with unsupervised contact with children — AND for any adult residing in the facility, or any other adult who regularly or frequently stays there (ARM 37.96.1002(1)). The only carve-out is care provided in the home of children belonging to the same sibling group; even then, where an FFN provider cares for children from more than one sibling group in a child's home, all adults residing in that home must clear checks (37.96.1002(1)(b)(i)). Five checks are required prior to working and ANNUALLY THEREAFTER, except the national checks, which are required every five years (ARM 37.96.1002(2)): a fingerprint check by the Montana Department of Justice and the FBI; the national Sexual Offender Registry from NCIC; the Montana Sex Offender Registry; a child protective services check for Montana and any state of residence in the preceding five years; and a name-based criminal records check for Montana and any such state.

Fingerprints must be processed by a trained individual within a certified fingerprinting agency, results transmitted electronically to the department by DOJ. DPHHS's instruction sheet adds the operational detail: have fingerprints rolled at your local Child Care Resource and Referral office or law enforcement agency, expect UP TO SIX WEEKS, and mail the original completed card to DPHHS/QAD/CCL, PO Box 202953, Helena, MT 59620-2953 — a different address from the application address. DPHHS's application page states that effective 6/1/2021 FBI fingerprints are offered AT NO COST; staff under 18 must submit an "FBI Fingerprint - Parent Consent for Minor" form signed by a parent. Results are graded against two lists.

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

The application, step by step

Work through these in order — the prep packet turns them into a checklist you can tick off:

1. Fix your tier by head count, not by intention: six or fewer children in a private residence with no subsidy payments is exempt from the whole Montana Child Care Act (52-2-721(7), MCA); three to eight is a family child care facility, nine to 15 a group child care facility, 16 or more a center that must be licensed (ARM 37.96.102(2), (3)). Serving three to six you may still choose to register, and you MUST register to receive Best Beginnings subsidy payments (ARM 37.96.102(3)(b)(i)).
2. Create a State of Montana OKTA account and apply online through the Provider Portal: DPHHS routes new, renewal and OVERLAP CARE applications for family and group facilities to the MAQCS application at https://okta.loginmt.com/. The paper route survives — Child Care Licensing, P.O. Box 4210, Helena, MT 59620-4210 (ARM 37.96.107(1)) — and American Indian applicants residing on reservations apply through the tribal governing body (ARM 37.96.107(2)). There is no fee of any kind (52-2-721(4)(b), MCA).
3. Start background checks early, for the household as well as the payroll — applicant, all staff, volunteers with unsupervised contact, and every adult residing in or regularly staying in the facility (ARM 37.96.1002(1)). Fingerprints are rolled at a Child Care Resource and Referral office or local law enforcement and can take up to six weeks; DPHHS states staff must submit new-hire paperwork BEFORE fingerprint cards are sent.
4. Complete the 30-day orientation block before providing unsupervised care: hands-on infant, child and adult CPR, infant choking response and pediatric first aid, plus SIDS and safe sleep if your registration will permit infants, plus shaken baby syndrome and abusive head trauma prevention if it will permit infants or toddlers (ARM 37.96.914(2)). Get current on the Practitioner Registry, which is how your director qualification and training are verified (ARM 37.96.902(4)).
5. Write the policies — they are inspected, not assumed: first aid policies consistent with Caring for Our Children (medical emergencies, food and allergic-reaction emergencies, timely CPR, incident reporting, medication administration) (ARM 37.96.303(1)); an emergency disaster plan for EACH structure used for child care, with evacuation and an off-site gathering point, staff responsibilities, family reunification, shelter-in-place, lockdown and continuity of operations (37.96.303(2)); a safe sleep policy if serving children under two, signed as read by every staff member (37.96.303(3)); policies on shaken baby syndrome (37.96.303(4)) and on expulsion and suspension (37.96.303(5));…
6. Prepare the premises to subchapter 37.96.4: two exits creating remote means of egress on every level used for child care and at least two from every nap room, the second permitted to be a window with a clear opening of 5.7 square feet (ARM 37.96.404(2)); an accessible 2A10BC extinguisher WITH A HOSE on each floor used for child care and UL smoke alarms in front of stairway doors, in corridors and in every room where children sleep, tested monthly (37.96.409(3)); guns and ammunition in separate locked storage during business hours, and no full-size trampolines, ball pits or inflatable play structures (37.96.402); a four-foot fence around outdoor play space (37.96.408(2)) and a five-foot…
7. Assemble the packet DPHHS lists for family and group applicants: Activity Schedule/Written Plan, Emergency Disaster Plan, Fire Safety Record and Evacuation Plan, Floor Plan/Square Footage Report, Insurance Verification Form and Menu Form, plus the Staff Master List Form and New Staff Checklist if you employ anyone. Insurance is not optional: public liability and fire insurance must be currently in force (52-2-723(1)(h), MCA) and the department may not waive it even for a provisional certificate (52-2-724(3), MCA).
8. Pass the PRE-INSPECTION: the department must conduct one with every group and family applicant before the applicant can care for children, and only FFN and RCE providers are exempt (ARM 37.96.111(1)).
9. Receive a 90-DAY PROVISIONAL registration and begin caring for children under it (ARM 37.96.111(2)). The department decides within 30 days of receiving the application (37.96.107(3)). It MUST be denied if the process has exceeded 90 days because you have not submitted all required materials, if you discriminate on the grounds listed in the rule, or if background results include disqualifying offenses for you, a resident adult, or an adult who regularly stays in the facility (ARM 37.96.113).
10. Be observed during the provisional period: the department observes the facility while children are in care before removing provisional status (ARM 37.96.111(3)). Any non-compliance produces a corrective action plan naming the rule or law violated and the correction date, to which you must respond within TEN BUSINESS DAYS (ARM 37.96.1102(3), (4)).
11. Receive the regular registration; the department issues regular licenses and registrations for a period of ONE YEAR (ARM 37.96.111(4)). Post the certificate and the phone number of state and local ECFSD offices where parents can see them (37.96.312(2)).
12. Renew early and keep the department informed: a renewal application must be submitted AT LEAST 60 DAYS before expiration, and filed complete and on time the expiring registration stays in effect until the department decides (ARM 37.96.112). Expect an annual inspection, which may be unannounced (37.96.118(3)). Notify the department within TEN DAYS of any change affecting the terms of the registration, including staff changes, closure, change of ownership, or a change in the category of registration based on the number and ages of children (37.96.313(1)).

What you must post on your walls

• The registration certificate, posted together with the phone number of state and local Early Childhood and Family Support Division offices where parents and guardians can see them (ARM 37.96.312(2))
• Telephone numbers of emergency services and the Montana Poison Control Center, (800) 222-1222, posted where visible to staff, alongside a working telephone (ARM 37.96.302(1)(a), (b))
• Swimming pool safety rules, posted near the pool, for any pool on the premises (ARM 37.96.413(8))
• Not posted but required immediately at hand: emergency contact information for each child, accessible to staff in a location that maintains privacy for families (ARM 37.96.302(1)(c)); and the state-issued emergency contact and consent form, kept in PAPER form on-site and carried by staff whenever children leave the site (ARM 37.96.306(1))
• Given to families rather than posted, before enrollment: the daily schedule, admission requirements, enrollment procedures and hours, meals and snacks served, fees and payment plan, rules on sick children, transportation arrangements, the positive child guidance policy and the expulsion and suspension policy (ARM 37.96.312(1))
• Enforced like a posting: custodial parents, non-custodial parents and legal guardians must be allowed access to the facility at any time during which child care is provided, unless a current court order prevents parent-child contact (ARM 37.96.312(3))

Enrollment forms for each child

• Family or Group Child Care application, filed online through MAQCS in the Montana Provider Portal at https://okta.loginmt.com/ (same form for new, renewal and overlap care) or on paper from Child Care Licensing, P.O. Box 4210, Helena, MT 59620-4210 — no fee (ARM 37.96.107(1); 52-2-721(4)(b), MCA)
• Activity Schedule/Written Plan — the written plan of daily activities and routines (ARM 37.96.202(1))
• Emergency Disaster Plan, one per structure used for child care (ARM 37.96.303(2), 37.96.410(1))
• Fire Safety Record and Evacuation Plan, logging the eight drills required each year — six fire, two other disaster — each recording who conducted it, date and time, adults and children present, and time to evacuate (ARM 37.96.410(2), (4))
• Floor Plan and Square Footage Report, evidencing 35 square feet of usable indoor space per child and 75 square feet of outdoor play space per child (ARM 37.96.407(1), 37.96.408(1))
• Insurance Verification Form, evidencing current fire and public liability insurance (52-2-723(1)(h), MCA; ARM 37.96.307(1)(b)(i))
• Menu Form and written menu records (ARM 37.96.307(1)(b)(v))
• Staff Master List Form, New Staff Checklist (the On-the-Job Facility Overview Checklist) and Provider Staff Role Types, where you employ staff (ARM 37.96.311)
• FBI Release of Information Form, the fingerprint card completed per DPHHS's FBI Background Check Instruction, and the Tribal Background Information form where applicable — for the applicant, every staff member and every adult residing in or regularly staying in the facility; plus the Parent Consent for Minor form for staff under 18 (ARM 37.96.1002)
• State-issued emergency contact and consent form, signed before enrollment, kept in PAPER form on-site and carried by staff whenever children leave the site (ARM 37.96.306(1), 37.96.308(2)(c))
• Per child before enrollment: written health information covering special medical needs and allergies, a health care and medication plan for chronic conditions, and authorization of the persons allowed to pick the child up (ARM 37.96.308(2))
• Medication paperwork: written parent authorization with the child's name, duration, dosage and signature; Medication Authorization and OTC Medication Forms; a Medication Administration Log; and the Medication Error Report Form (ARM 37.96.502)
• Infant Feeding Plan for facilities serving infants (ARM 37.96.705), and written parental consents for swaddling a child under three months, placing a child 12 to 18 months on a cot or mat, special diets and any transportation (ARM 37.96.308(3))
• Accident/Injury Report recording date, time, nature of the injury, treatment and whether parents were notified — copies to the parents and on file; incidents requiring emergency services, hospitalization or medical treatment must also be reported to CCL within 24 hours (ARM 37.96.303(1)(d))
• Sign In and Sign Out Sheet, supporting the real-time attendance record of children in care (ARM 37.96.307(1)(a)(vii))
• Documentation of each child's immunization status against the eleven diseases listed in the rule, or a medical or religious exemption or conditional enrollment form — a child not on schedule and without one of those records must be IMMEDIATELY EXCLUDED (ARM 37.96.802(1), 37.96.810)
• Operating records: current registration, inspection reports and correction plans, vehicle insurance if transporting, well-water and lead paint results, a log of extinguisher and smoke detector checks, a master list of children and parents, and a record of each drill — kept THREE YEARS (ARM 37.96.307(1), 37.96.306(3))
• Staff records per employee: contact information and a signed acknowledgment of the program's policies on shaken baby syndrome and abusive head trauma, mandatory reporting, and safe sleep where children under two are served (ARM 37.96.311)
• Written waiver request where needed, stating the basis such as significant hardship, proposing an alternative consistent with best practices, and demonstrating that it meets the intent of the rule (ARM 37.96.122(1))

What's specific about getting licensed in Montana

Montana rewrote its entire child-care rulebook effective April 13, 2024: the old ARM Chapter 37.95 — including the well-known family/group day-care rule 37.95.702 — was REPEALED and replaced by ARM Chapter 37.96. Almost every third-party guide (and even some brand-name licensing summaries) still cites '37.95.201 et seq.,' which is now dead law. The second Montana-specific twist: home-based providers are REGISTERED, not licensed (only 16+ centers are 'licensed'), and family/group homes do NOT follow the per-age center ratios — they run on a capacity model with a single blended 8:1 ratio capped at 3 children under age two (all-under-two drops to 4:1). Miss either point and your numbers and citations are wrong from the start.

How long it takes and what it costs in Montana

Timeline: DPHHS must issue a determination within 30 days of a COMPLETE application (ARM 37.96.107, confirmed). Realistically plan 1–3 months: FBI/DOJ fingerprint results and CPS checks are the long pole, and you must finish pre-service orientation + CPR/pediatric first aid and pass the on-site pre-registration inspection before you can operate. Confirm the renewal window (the rule cites filing before expiration, ARM 37.96.112) with DPHHS.

Cost: The main out-of-pocket costs are the Montana DOJ + FBI fingerprint background check (for the applicant and every household adult) and a CPR/pediatric first aid course. The exact state registration/application fee and the fingerprint fee vary — confirm with DPHHS Child Care Licensing (childcarelicensing@mt.gov) and the Montana DOJ; do not assume a figure.

Source: Sources officielles consultées pour Montana :

https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing

https://www.law.cornell.edu/regulations/montana/department-37/chapter-37.96

https://www.law.cornell.edu/regulations/montana/Mont-Admin-r-37.96.NNN

https://archive.legmt.gov/bills/mca/title_0520/chapter_0020/part_0070/sections_index.html

https://okta.loginmt.com/

Verified 2026-08-24. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.