Utah Statewide Rule
Utah Residential Child Care Licensing Statewide
Key Facts
- Licensing statute
- Utah Code 26B-2-4
- Certificate cap
- Up to 8 children
- Zoning preemption
- 10-9a-505, 17-27a-505
- Regulator
- DHHS Office of Licensing
- Background checks
- Required statewide
Summary
Utah requires state licensure or certification for residential child care above set thresholds, administered by the Department of Health and Human Services, with statewide standards that local zoning cannot override for licensed family providers.
26B-2-403. Licensure requirements - Expiration - Renewal. (1) Except as provided in Section 26B-2-405, and subject to Subsection (2), a person shall obtain a license from the department if: (a) the person provides center based child care for five or more qualifying children; (b) the person provides residential child care for nine or more qualifying children; or (c) the person: (i) provides child care; (ii) is not required to obtain a license under Subsection (1)(a) or (b); and (iii) requests to be licensed. (2) Notwithstanding Subsection (1), a certified provider may, in accordance with rules made by the department under Subsection 26B-2-402(3), exceed the certified provider's capacity limit to provide after school child care without obtaining a license from the department.
Full Breakdown
Utah Code Title 26B, Chapter 2, Part 4 governs Human Services Programs and Residential Certificates, including residential child care. Under Utah Administrative Code R381 series, Utah requires state licensure for residential child care serving more than a small number of unrelated children, with separate categories for residential certificates (up to eight children), family licenses, and group licenses. The Office of Licensing sets background-check, ratio, supervision, training, and physical-environment standards uniformly statewide. Utah Code 17-27a-505 and 10-9a-505 require municipalities and counties to treat licensed residential family child care as a permitted residential use, limiting local zoning authority to override state-licensed in-home daycare.
Violations & Penalties
Operating an unlicensed residential child care above the allowed informal threshold is a misdemeanor and may trigger Office of Licensing closure orders and civil penalties.
Frequently Asked Questions
Can a Utah city ban a licensed home daycare in a residential zone?
How many children can I watch without a Utah state license?
Sources
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