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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.

In brief — Montana

Licensing agency
Montana Department of Public Health and Human Services (DPHHS), Early Childhood and Family Support Division
Program / rule
A Montana home provider is REGISTERED, not licensed. The statute reserves "license" for day-care centers and directs the department to issue registration certificates for family and group day-care homes (52-2-704(2)(h), MCA); "registration" is the process by which the department keeps a record of those homes, prescribes standards and requires the operator to CERTIFY COMPLIANCE in writing (52-2-703(12), (13), MCA). The operative rules are ARM Title 37, chapter 96 (Child Care Facility Licensing), adopted at 2024 MAR p. 738 and effective 4/13/2024 — a complete rewrite that replaced the old chapter 37.95 rule by rule, so anyone citing a 37.95 rule is reading superseded law. Statutory basis: the Montana Child Care Act, MCA Title 52, chapter 2, part 7, notably 52-2-703, 52-2-721 (registration required, term, NO FEE CHARGED), 52-2-737 and 52-2-741. Seven provider types exist (ARM 37.96.102(2)): RCE, FFN, family child care facility, group child care facility, child care center, school-age care facility, drop-in facility. Read the labels carefully — "all licensed child care facilities" means centers plus school-age and drop-in programs that elect licensure, while "all licensed and registered child care facilities" adds registered group, family and FFN providers, and RCEs are covered only when named (ARM 37.96.102(1)(b)).
Maximum group size
For a registered family or group facility the operative limit is the registered CAPACITY — 8 and 15 — not a separate group-size cap. "Group size" is defined as the number of children in a defined space or intentionally grouped around an activity (ARM 37.96.101(15)), but the numeric maximums of 12, 12, 16, 20 and 40, and the duty to maintain group sizes except at mealtimes, outdoor play, rest periods and large group activities, sit in ARM 37.96.106(2), the subsection addressed to child care centers and licensed drop-in facilities; the 40-child group in 37.96.106(4) belongs to licensed school-age providers. The family and group subsection, 37.96.106(5), sets ratios and an under-two limit and says nothing about group size. What actually pulls a home below its category ceiling is space: 35 square feet of usable indoor floor space per child present in a room at one time, still required when play and sleep share a room except during large group activities and while children are on rest equipment (ARM 37.96.407(1), (3)); 75 square feet of outdoor play space per child using it (37.96.408(1)); and the ban on using third stories of private homes (37.96.407(9)).
CPR & first aid
Yes — required before licensure
Last verified
2026-08-24

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).

THIRD, there is exactly one lawful way past the number and it must be approved in writing beforehand: overlap care (see ratios). FOURTH, getting it wrong is criminal — maintaining a day-care facility without first obtaining a license or registration certificate is a MISDEMEANOR punishable by a fine not to exceed $500, and the department may refer the matter for prosecution and seek an injunction until a certificate issues (52-2-741, MCA; notice procedure at ARM 37.96.1112). Space is the silent cap underneath: at least 35 square feet of usable indoor floor space per child in a room at any one time and 75 square feet of outdoor play space per child using it, both waivable only on a written alternate plan (ARM 37.96.407(1), 37.96.408(1)).

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.

Overlap care for children under three is not permitted; it must not exceed three hours total in any day; a group facility may take up to four additional children and a family facility up to two; a 10:1 ratio may be used during approved overlap; and the facility must first submit a written plan to CCL stating the specific overlap hours, proof of insurance for the total number of children and documentation of sufficient square footage — and must NOT provide overlap care until it receives written approval. The per-age grid that circulates as though it applied to homes (4:1 to 11 months, 6:1 to 23 months, 8:1 at two, 10:1 for three to five, 20:1 at six and over, group sizes 12/12/16/20/40) governs CHILD CARE CENTERS and licensed drop-in facilities only, as does the nap-time doubling of 37.96.106(3). Two ratios do reach into homes: children under 36 months in or near water require 1:1 supervision within arm's reach of an adult who must be IN the water, and children three to five 4:1 on the same terms (ARM 37.96.413(5)). Only the director, site directors, lead teachers, teachers, substitutes and trainees count toward ratio (37.96.106(2)(c)); support staff and volunteers do not (37.96.910(2), 37.96.913(2)).

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));

orientation counts toward annual training (37.96.914(5)). Beyond training, the registration holder must qualify as a DIRECTOR — every facility except an RCE must have one, and an FFN provider is treated as a director (ARM 37.96.902(1)). A director must be at least 18; have satisfactory background check results; be current on the Practitioner Registry, the statewide registry tracking verified professional achievements; hold current CPR and pediatric first aid; complete orientation training; and have a combination of education, training, other licensing or experience with children sufficient to demonstrate ability to fulfil director responsibilities for that facility type, subject to Practitioner Registry or department approval (ARM 37.96.902(4)). Note what Montana does NOT require of a home provider: no high school diploma, no early-childhood credential, no minimum age above 18, and no fixed number of pre-licensing classroom hours — the qualification is judged through the Registry rather than by a rule-stated hour count. A teacher must be at least 16 (ARM 37.96.907(3)) and a volunteer at least 15 and background-checked if they will have unsupervised access (37.96.913). If the director will be absent more than 30 continuous days, the department must be notified in writing of a designee meeting every director requirement (37.96.902(5)).

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.

MUST-DENY convictions oblige the department to deny, suspend, restrict, revoke or reduce to provisional status: serious crimes against a person (homicide, sexual assault, aggravated assault, assault on a minor, kidnapping, robbery, arson) and crimes pertaining to children or families (child abuse or neglect, incest, child sexual abuse, felony partner or family member assault, child pornography, child prostitution, internet crimes involving children, felony endangering the welfare of a child) — ARM 37.96.1003. MAY-DENY matters merely permit it: several misdemeanors against children or partners, prostitution, burglary, abuse of the public trust, being named perpetrator in a substantiated abuse or neglect report (a FOUNDED report cannot be the sole basis for denial), elder or disability abuse, and a felony drug conviction within the previous five years including DUI (ARM 37.96.1004). "Satisfactory results" is defined negatively — no conviction, PENDING CHARGE, or child abuse or neglect determination that the department has determined makes a person ineligible (ARM 37.96.1001(3)) — so a pending matter can block approval, with administrative reconsideration available (37.96.1008).

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)); transportation and water safety policies if applicable (37.96.303(6), (7)); and the written plan of daily activities (37.96.202(1)).
  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 fence with self-closing, positive-latching gates around any pool or body of water (37.96.413(1)); coliform testing of any nonpublic water source before operation and every January and June (37.96.619(2)).
  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.

Common mistakes when getting licensed in Montana

You may be citing repealed rules

Chapter 37.95 (and rule 37.95.702) was repealed and replaced by ARM Chapter 37.96 in the 2024 rulemaking. The governing authority for a home-based provider is now ARM Chapter 37.96 (definitions 37.96.102, ratios 37.96.106 — both confirmed against current text). Any handbook, form, or webpage still referencing 37.95 is out of date — verify against the current 37.96 text and confirm the exact repeal date with DPHHS.

Your own kids count against capacity

Under ARM 37.96.103 (confirmed verbatim), children of the provider/owner or of staff who are present in the child care space during care hours are counted toward license/registration type and capacity. The only carve-out is the owner's children who attend school full-time. A provider with two toddlers at home can quietly blow past the Family-home limit of 8 or the 'no more than 3 under two' cap.

The 'no more than 3 under two' trap

A family/group home at the 8:1 ratio may have at most 3 children under two years old (ARM 37.96.106, confirmed). A 4th child under two legally forces a second staff member with the group (or, if ALL children in care are under two, the home runs at 4:1). Providers who plan an infant-heavy program often can't do it solo.

Every adult in the household gets fingerprinted

ARM 37.96.1002 (confirmed verbatim) requires background checks not just for the provider but for all staff/volunteers with unsupervised contact AND any adult residing in or who regularly/frequently stays at the home, completed BEFORE operating and annually (national fingerprint checks every 5 years). A spouse's or roommate's disqualifying record (37.96.1003) can block the registration even if the applicant is clean.

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.

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Montana home daycare licensing — FAQ

How many children can I care for in a Montana home daycare?

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).

THIRD, there is exactly one lawful way past the number and it must be approved in writing beforehand: overlap care (see ratios). FOURTH, getting it wrong is criminal — maintaining a day-care facility without first obtaining a license or registration certificate is a MISDEMEANOR punishable by a fine not to exceed $500, and the department may refer the matter for prosecution and seek an injunction until a certificate issues (52-2-741, MCA; notice procedure at ARM 37.96.1112). Space is the silent cap underneath: at least 35 square feet of usable indoor floor space per child in a room at any one time and 75 square feet of outdoor play space per child using it, both waivable only on a written alternate plan (ARM 37.96.407(1), 37.96.408(1)).

What are the adult-to-child ratios for a home daycare in Montana?

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.

Overlap care for children under three is not permitted; it must not exceed three hours total in any day; a group facility may take up to four additional children and a family facility up to two; a 10:1 ratio may be used during approved overlap; and the facility must first submit a written plan to CCL stating the specific overlap hours, proof of insurance for the total number of children and documentation of sufficient square footage — and must NOT provide overlap care until it receives written approval. The per-age grid that circulates as though it applied to homes (4:1 to 11 months, 6:1 to 23 months, 8:1 at two, 10:1 for three to five, 20:1 at six and over, group sizes 12/12/16/20/40) governs CHILD CARE CENTERS and licensed drop-in facilities only, as does the nap-time doubling of 37.96.106(3). Two ratios do reach into homes: children under 36 months in or near water require 1:1 supervision within arm's reach of an adult who must be IN the water, and children three to five 4:1 on the same terms (ARM 37.96.413(5)). Only the director, site directors, lead teachers, teachers, substitutes and trainees count toward ratio (37.96.106(2)(c)); support staff and volunteers do not (37.96.910(2), 37.96.913(2)).

What training do I need to run a home daycare in Montana?

Before you can be licensed: 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));

orientation counts toward annual training (37.96.914(5)). Beyond training, the registration holder must qualify as a DIRECTOR — every facility except an RCE must have one, and an FFN provider is treated as a director (ARM 37.96.902(1)). A director must be at least 18; have satisfactory background check results; be current on the Practitioner Registry, the statewide registry tracking verified professional achievements; hold current CPR and pediatric first aid; complete orientation training; and have a combination of education, training, other licensing or experience with children sufficient to demonstrate ability to fulfil director responsibilities for that facility type, subject to Practitioner Registry or department approval (ARM 37.96.902(4)). Note what Montana does NOT require of a home provider: no high school diploma, no early-childhood credential, no minimum age above 18, and no fixed number of pre-licensing classroom hours — the qualification is judged through the Registry rather than by a rule-stated hour count. A teacher must be at least 16 (ARM 37.96.907(3)) and a volunteer at least 15 and background-checked if they will have unsupervised access (37.96.913). If the director will be absent more than 30 continuous days, the department must be notified in writing of a designee meeting every director requirement (37.96.902(5)). Ongoing 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)).

What background checks does Montana require?

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.

MUST-DENY convictions oblige the department to deny, suspend, restrict, revoke or reduce to provisional status: serious crimes against a person (homicide, sexual assault, aggravated assault, assault on a minor, kidnapping, robbery, arson) and crimes pertaining to children or families (child abuse or neglect, incest, child sexual abuse, felony partner or family member assault, child pornography, child prostitution, internet crimes involving children, felony endangering the welfare of a child) — ARM 37.96.1003. MAY-DENY matters merely permit it: several misdemeanors against children or partners, prostitution, burglary, abuse of the public trust, being named perpetrator in a substantiated abuse or neglect report (a FOUNDED report cannot be the sole basis for denial), elder or disability abuse, and a felony drug conviction within the previous five years including DUI (ARM 37.96.1004). "Satisfactory results" is defined negatively — no conviction, PENDING CHARGE, or child abuse or neglect determination that the department has determined makes a person ineligible (ARM 37.96.1001(3)) — so a pending matter can block approval, with administrative reconsideration available (37.96.1008).

Is this legal advice?

No. DaycareLicensePrep gives general information based on each state's published child-care licensing rules, dated to when we last verified them, and is not a guarantee of licensure. Always confirm with your state's licensing agency before applying.

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Source: Montana DPHHS Child Care Licensing — https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing (program home page, contact and mailing address). ARM Title 37, chapter 96 (Child Care Facility Licensing), 2024 MAR p. 738, effective 4/13/2024, read rule by rule on the Cornell LII mirror of the Montana Administrative Code (chapter index https://www.law.cornell.edu/regulations/montana/department-37/chapter-37.96 ; rules at https://www.law.cornell.edu/regulations/montana/Mont-Admin-r-37.96.NNN). Rules read in full: 37.96.101 (all 42 definitions), .102 (types of licenses and registration), .103 (facility type; counting children of staff and owners), .106 (ratios, supervision, overlap care), .107, .108, .111 (pre-inspection, 90-day provisional, one-year certificate), .112, .113, .117, .118, .121, .122, .202, .206, .302-.313, .402-.415, .502-.506, .602, .619, .802/.806/.810, .901-.918, .1001-.1004, .1102-.1104, .1112. Statute: Montana Code Annotated 2025, Title 52, chapter 2, part 7, read at https://archive.legmt.gov/bills/mca/title_0520/chapter_0020/part_0070/sections_index.html — 52-2-703, 52-2-704, 52-2-713, 52-2-721 (registration required, term, no fee charged, six-or-fewer exemption), 52-2-722 to 52-2-726, 52-2-732 to 52-2-735, 52-2-737, 52-2-741. DPHHS Child Care Licensing pages read: https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing ; .../rulesandregulations ; .../becomeachildcareprovider/ ; .../becomeachildcareprovider/familygroupnewapplicationpacket1 (MAQCS application via https://okta.loginmt.com/ and the named packet forms) ; .../applications (no-cost FBI fingerprint notice effective 6/1/2021) ; .../listofforms.

DPHHS PDFs read: NewFacilityProcess.pdf ; fbibackgroundcheckinstruction.pdf ; SampleOnthejobfacilityoverviewChecklist.pdf ; RegistrationRequirementsforFamilyGroup.pdf (read but NOT relied on — the 2021 booklet built on the repealed chapter 37.95).

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