A family day care home in Yellowstone County zoning districts is a permitted use in residential zones and cares for up to six children; a group day care home covers seven to twelve. Both must be licensed by the State of Montana. Larger operations are day care centers.
Under the county's adopted zoning definitions, a family day care home is a private residence providing supplemental parental care for up to six children (including the operator's) from separate families on a regular basis; a group day care home serves seven to twelve. Both are permitted uses in the residential districts and both must be state-licensed. Thirteen or more children make it a day care center, requiring further licensing. Montana childcare licensing is handled by the Department of Public Health and Human Services (the zoning text cites the state licensing authority under MCA Title 52/53). Where no zoning district covers a rural parcel, the county sets no local rule, but state licensing still applies.
Operating a home daycare over the child limit for its category, or without the required state license, violates both zoning and state childcare law and can trigger enforcement.
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