Montana Statewide Rule

Montana Family and Group Child Care Home Licensing

Some RestrictionsApplies statewide across Montana (2026)

Montana requires state registration or licensure for home-based child care under Title 52, Chapter 2, MCA. The Department of Public Health and Human Services sets capacity, safety, and background-check standards that apply uniformly statewide.

Key Facts

Family home capacity: Up to six children
Group home capacity: Seven to twelve
Licensing agency: Montana DPHHS
Background checks: All household adults

Source: Montana Legislature

Full Breakdown

Under MCA 52-2-721 through 52-2-735, family child care homes (up to six children) and group child care homes (seven to twelve) must be registered or licensed by DPHHS. State rules govern caregiver-to-child ratios, background checks for adults in the home, immunization records, fire safety, and sanitation. Local governments may impose zoning standards consistent with state law, but they cannot require additional child care licensing or impose ratios stricter than DPHHS rules. Many Montana communities classify registered home daycares as permitted residential uses to satisfy state policy favoring child care availability.

Violations & Penalties

Operating without registration or licensure is a misdemeanor under MCA 52-2-735, with civil fines, closure orders, and potential criminal liability for repeated offenses.

Frequently Asked Questions

Can a Montana city ban home daycares in residential zones?

Generally no. State policy favors home child care availability, and most jurisdictions treat registered family child care homes as permitted residential uses, though reasonable zoning may apply.

Do I need state licensing for fewer than three children?

Care for two or fewer unrelated children typically falls outside DPHHS licensing, but registration is required for three or more under MCA 52-2-723.

Sources

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