Montana Statewide Rule
Montana Family and Group Child Care Home Licensing
Key Facts
- Family home capacity
- Up to six children
- Group home capacity
- Seven to twelve
- Licensing agency
- Montana DPHHS
- Background checks
- All household adults
Summary
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.
(1) Except as provided in subsection (7), a person, group of persons, or corporation may not: (a) establish or maintain a day-care center for children, in which day care is provided on a regular basis, unless licensed to do so by the department; (b) operate a family day-care home or group day-care home without first procuring a family day-care or group day-care registration certificate from the department.
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?
Do I need state licensing for fewer than three children?
Sources
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