Utah child care center license: thresholds, rules and fees under R381-100
In Utah you need a Child Care Center license from the DHHS Office of Licensing once you care for five or more unrelated children, for pay, outside your home or the child's home, on an ongoing basis for four or more weeks a year. The rule is Utah Admin. Code R381-100 (last changed July 7, 2026), layered on the general licensing rule R380-600. Under the FY 2027 fee proposal, a new center pays a $62 license fee, a $200 new-center fee and $1.75 per child of capacity.
Contents13 sections
Key takeaways
- Utah's center threshold is low: five or more unrelated children, outside a home, ongoing for four or more weeks a year. Statute exempts centers with four or fewer children unless they ask to be licensed.13
- Until the Office of Licensing approves your license, you may not take fees, sign enrollment agreements or provide care.2
- The provider must be at least 21 and complete OL's new provider training. Each new director needs a listed credential (CDA, CCP, an associate degree in early childhood, 12 college credits in child development, or an equivalent) and must be on site at least 20 hours a week.1
- Plan for 35 square feet of usable indoor space per child and an outdoor area with 40 square feet per child using it at once, at least 1,600 square feet or room for one-third of capacity.1
- Under the FY 2027 fee proposal dated January 23, 2026, a new center pays $62 plus a $200 new-center fee plus $1.75 per child of capacity.5
Quick facts
| Who needs it | 5+ unrelated children, outside a home, ongoing 4+ weeks a year |
|---|---|
| Agency | DHHS Division of Licensing and Background Checks, Office of Licensing |
| Rules | R381-100 (centers) plus R380-600 (general provisions) |
| New-center fees (FY 2027 proposal) | $62 + $200 + $1.75 per child of capacity |
| Space per child | 35 sq ft indoors, 40 sq ft outdoors |
| Term | 1 year; 2-year license available after two good-standing terms |
Fees as published in the Legislature's FY 2027 fee brief (January 23, 2026), checked on 2026-10-12. DLBC publishes the adopted schedule separately; confirm the amounts at application.
When Utah requires a center license
R381-100-3 requires a Child Care Center license from the Office of Licensing (OL) when you provide care that meets all six conditions: for direct or indirect compensation; for each child for less than 24 hours a day; for five or more unrelated children; in a place other than your home or the child’s home; in the parent’s absence; and on an ongoing basis for four or more weeks in a year.1 OL will not license care that is only for related children or only sporadic.1
The statute adds the lower floor. Utah Code 26B-2-405(1)(a)(vii) exempts “center based child care for four or fewer qualifying children, unless the provider requests to be licensed.”3 So a small program in a church hall or office suite becomes licensable at the fifth unrelated child.
Utah Code 26B-2-405 also lists programs that sit outside child care licensing entirely. The ones founders most often ask about:3
- Care run by, or under contract with, a public school, or held on public school property, or where the school accepts responsibility and oversight. School- or board-regulated programs, private schools that replace public education, and parochial schools are also exempt.
- A 501(c)(3) that serves children over age 4 and under 13 under a written agreement with a city or county that oversees the program.
- Drop-in care where the parent stays in the building and can reach the child within five minutes, for under four hours a day, on a sporadic basis, with no diapering and no meals.
- Facilities run by the federal government, and health care facilities licensed under Part 2.
Exempt providers still have duties. They must send the department information about their program, including how many children they serve by age band, and post an OL notice near the entrance saying the facility is exempt, with the department’s complaint contact.3
Center, out-of-school-time or family license?
Utah licenses three nearby program types, and choosing the wrong one means filing the wrong application.
| Program | Where | Trigger | Rule |
|---|---|---|---|
| Child Care Center | Not the provider’s or child’s home | 5+ unrelated children, ongoing 4+ weeks a year | R381-1001 |
| Out-of-School-Time Program | Not the provider’s or child’s home | 5+ qualifying children age 5 and older, 3+ days a week and 30+ days a year | R381-704 |
| Family child care (licensed or residential certificate) | Provider’s home | Residential care for 8 or fewer qualifying children is exempt unless the provider asks to be licensed or certified; no unlicensed provider may keep more than 10 children under 13 in the home | 26B-2-4053 |
Scroll the table sideways to see every column.
If your program serves only school-age children before and after school or in summer, read R381-70 instead. It has its own staffing and space rules.4 A home-based program belongs under the Utah licensed family child care guide.
R381-100-3(3) lets OL license a center inside a building that also holds another OL license, such as an adult day program. The center portion must be physically separate from the other services.1 For subdivided or shared buildings, R381-100-9(20) lets OL inspect the whole facility and hold everyone in it to the rule. The exception is a center with a separate entrance, no connecting interior doors usable by unauthorized people, and no shared outdoor area.1
Owner, director and designee qualifications
The provider. The licensee must be at least 21, cleared by an Office of Background Processing (OBP) check before becoming involved with child care, and must complete OL’s new provider training. If the owner is not a sole proprietor, the business entity must name each individual who legally represents it, and each one must meet the same three requirements.1 OL may also deny an application if it finds an owner, director or anyone in the billing process on the federal OIG List of Excluded Individuals and Entities.2
The director. Every center needs a qualified director who is at least 21 and OBP-eligible. The director must complete OL’s new director training within 60 working days of starting and, if hired after January 1, 2023, the 2½-hour preservice training. The director then completes 20 hours of child care training a year.1 The director must be on duty at least 20 hours a week during operating hours.1 Each new director needs one of these credentials:1
- A currently valid national certification: Certified Childcare Professional (National Child Care Association), Child Development Associate, or another credential OL approves
- A National Administrator Credential plus at least 60 hours of equivalent training approved by OL
- Any bachelor’s degree or higher, with at least 60 hours of coursework (or OL-approved training) in child development, social and emotional development and the child care environment
- At least 12 college credit hours of child development courses
- An associate degree or higher in early childhood development or a related field
The director designee. You also need a designee who can act when the director is out. The designee must be at least 18 and OBP-eligible, complete OL’s designee training, and hold current pediatric first aid and CPR certification.1 Either the director or the designee must be at the facility during all business hours.1
Staff training, ages and background checks
Caregivers must be at least 16. Each caregiver completes OL’s 2½-hour preservice training before becoming involved with child care and then 20 hours of training a year. Staff hired partway through the licensing year owe 1½ hours a month instead.1 Drivers, cooks and clerks also need the preservice training and a background check. Volunteers need the background check.1 The preservice course covers 15 listed topics, from medication administration and safe sleep to recognizing homelessness. Annual training must cover every section of R381-100-7 through -24.1
When children are present, at least one staff member with current pediatric first aid and CPR certification (Red Cross, American Heart Association or equivalent) must be at the facility, on every offsite activity and in every vehicle carrying children. The CPR course must include hands-on testing.1
Sixteen- and 17-year-olds may be alone with a group only while the director or designee is on site, for no more than two consecutive hours per group, and only if they are not volunteers. No one under 16 may supervise children.1
Background checks run through OL’s licensing provider portal. Before anyone new starts, search the portal and associate an eligible person with your facility. Anyone not in the system submits an online application, and everyone 16 or older submits fingerprints (except 12-17-year-old household members who are only listed as household members). You authorize the check in the portal and pay the fees.1 A new check is required if the person has not been with an active licensed facility for 180 days or has lived outside Utah since the last check.1 OBP may find someone ineligible for a pending felony charge, any felony conviction, a listed offense such as DUI with a child in the vehicle, a sex offender registry listing, or a supported child abuse finding within 15 years. A nonviolent drug offense ten or more years old does not disqualify.1 You and the employee must report any arrest, charge or conviction to OBP within 48 hours.1 The FY 2027 fee brief lists the child care worker initial clearance at $20.5 That brief does not list the fingerprint (Department of Public Safety) charge, and R381-100-8 says only that you “pay any required fees”; ask OBP what the total is for each new hire before you budget.
Space, building and playground minimums
R381-100-9 sets the physical plant standards that determine your licensed capacity.1
| Item | Requirement |
|---|---|
| Indoor space | 35 sq ft per child, counting staff’s own children. Bathrooms, closets, hallways, kitchen, lobby and offices don’t count. |
| Outdoor area | Enclosed by a fence or barrier at least 4 ft high with no gaps of 5 by 5 inches; 40 sq ft per child using it at one time; shade |
| Outdoor size | Room for one-third of approved capacity at once, or at least 1,600 sq ft |
| Toilets and sinks | One toilet and one sink per 1-25 children age 2 and older |
| Classroom sinks | A handwashing sink in or next to each classroom (buildings built after July 1, 1997) |
| Infant and toddler rooms | Separate food-prep and diapering sinks, or one handwashing sink with food prepared in the kitchen |
| Glass | Safety glass or guards within 36 inches of the floor |
| Temperature | 65-82°F indoors |
| Lead | Lead test for pre-1978 buildings or play structures with failing paint |
Furniture and equipment that children use, or that stores their materials, can count toward indoor space.1 If a lead test finds lead-based paint, you must contact the local health department within five working days.1 School-age children need a bathroom that gives privacy.1
Fire, health and local approvals
R380-600 makes you comply with every city and county zoning, fire, safety, sanitation, building and business licensing code. Your application must include documentation that you meet, or are exempt from, the fire and business license requirements.2
If the local fire authority states in writing that you do not need a fire inspection, OL checks the basics itself:1
- Address numbers readable from the street
- No storage in mechanical or electrical rooms
- Exit doors unlocked from the inside and working, with clearly marked, unobstructed exits
- Smoke detectors on every level
- A charged, serviced extinguisher on each level, mounted no more than 5 feet up
The kitchen works the same way. If the local health department waives a kitchen inspection, OL checks for food handler’s permits, a refrigerator at or below 41°F, a stem thermometer and a handwashing sink.1
Ratios and group sizes
| Age | Caregiver-to-child ratio | Maximum group size |
|---|---|---|
| 0-11 months | 1:4 | 8 |
| 12-17 months | 1:4 | 8 |
| 18-23 months | 1:5 | 10 |
| 2 years | 1:8 | 16 |
| 3 years | 1:12 | 24 |
| 4 years | 1:15 | 30 |
| 5 years and older | 1:20 | 40 |
In mixed groups without infants or toddlers, take the ratio for the oldest child’s age minus one child, and that age’s group size minus two.1 Groups that mix infants and toddlers have tighter caps. For example, an infant may be grouped with toddlers only in a group of eight or fewer, with no more than three under-2s per caregiver.1 During naps you may double the ratio only if every child is at least 18 months old and resting, and the caregiver can call another caregiver without leaving.1
If you have only one group on site and it has more than eight children, or more than two infants or toddlers, you need two caregivers present.1 Staff members’ own children age 4 and older count toward group size, and toward ratio too when the parent isn’t working that day.1 Registered student interns and volunteers age 16 and older may count in ratio. Guests may not.1 Centers built, licensed and operating continuously since January 1, 2004 may get an exemption from group-size caps, but not from ratios.1
Written plans and operating rules OL reviews
R380-600 requires you to submit “any policy and procedure” OL asks for with the application.2 R381-100 names several you must have in writing:
- An emergency preparedness, response and recovery plan. It must cover children with disabilities or chronic conditions, infants and toddlers, family reunification, continuity of operations, evacuation, lockdown, relocation, shelter in place, and food-allergy reactions.1 Hold fire drills quarterly and other disaster drills every six months, and keep 12 months of drill records.1
- A video surveillance policy, if you have any working cameras. It must say whether and how long footage is kept, how it is deleted and how footage requests are handled. Parents get written notice at enrollment, and you post signs.1
- Admission and health assessment forms for each child, updated by the parent each year, plus immunization records or exemptions on site. You also submit the annual immunization report to the Utah Statewide Immunization Information System.1
- Liability insurance, or a written notice to parents that you carry none.1
Some operating rules shape your program design. If you supply food, meals must meet USDA CACFP nutrition standards whether or not you join CACFP. Children 2 and older must be offered a meal or snack at least every three hours when services run three or more hours.1 Children need at least 15 minutes of physical activity for every two hours in care. Screen time is banned under 18 months and limited to one hour a day from 18 months to age 4.1 Infants sleep on their backs in sleep equipment such as a crib or bassinet, and an awake infant or toddler may not be kept in a swing, crib or high chair for more than 30 minutes.1 Post your license and OL’s Parent Guide where parents can see them.1
Applying, step by step
Confirm the license type
Check the age range, schedule and site against R381-100-3, R381-70-3 and the 26B-2-405 exemptions.143
Secure a site that can pass
Measure usable indoor and outdoor square footage, count toilets and sinks, and confirm zoning and the local business license with your city or county.12
Line up the people
Name a credentialed director and a designee. Complete the new provider training and get OBP clearance for the owner and each legal representative.1
Get the fire and health sign-offs
Get the fire inspection, or the fire authority’s written statement that none is needed, and the kitchen inspection or waiver if you serve food.12
Submit the application to OL with the fee
Include background checks, required policies, the names of decision-makers, and the fire and business license documents. OL does no site visit or document review until the application fee is paid.2 The Office of Licensing sits in DHHS’s Division of Licensing and Background Checks.6 The rules name no application portal or form number, so ask OL which application and online system it currently uses for new centers.
Pass OL’s initial inspection
The FY 2027 fee description says the base fee covers application processing, staff consultation, policy review and the initial inspection.5
Open only after the license is issued
Until then you may not accept fees, sign agreements or provide care.2 Post the license in public view. It cannot be transferred.12
Two deadlines in R380-600 catch people out. An application not completed within six months must be refiled with new fees (R380-600-5 sets 12 months for a new application fee, so ask OL which clock it applies). A denied applicant must wait at least three months to reapply.2
Fees, as published
Utah Code 26B-2-402 has the department set child care licensing fees through the legislative fee process.7 The Legislature’s FY 2027 fee brief, dated January 23, 2026, proposed these center fees for July 1, 2026 through June 30, 2027:5
| Fee | Amount |
|---|---|
| Child Care License/Certificate Fee (initial licensure or change of ownership) | $62.00 |
| Child Care Center New License Fee | $200.00 |
| Child Care Center Per Child Fee | $1.75 per child of capacity |
| Child Care Changes Fee (changes beyond two per license year) | $44.34 |
| Late fee (1-30 days after expiration) | 50% of the scheduled fee; for centers, $31 plus $0.75 per child |
| Center conditional monitoring fee | $253.00 per visit |
| Child care worker background check, initial clearance | $20.00 |
At those amounts, a new 50-child center pays $62 + $200 + $87.50 = $349.50 before background checks.5 The late fee dropped from $44.34 to $31 in this proposal.5 OL also charges a follow-up inspection fee each time it has to return for the same uncorrected violation.2 The sources checked do not state an annual renewal amount for centers and the Legislature’s brief is a proposal, so confirm the adopted 2026-2027 schedule and your renewal fee with OL before you apply.
Inspections, renewal and changes
OL makes announced and unannounced inspections. Every citation and substantiated complaint is posted on the division website for at least 36 months.2 OL does not investigate anonymous child care complaints, or complaints about events six or more months old.2 Report critical incidents to OL within one business day and notify parents within 24 hours.2 If a child is severely injured or dies in care, OL may order you to stop services and new enrollments while the case is reviewed.1 Repeat civil money penalties for the same violation within 36 months double each time, up to $10,000.2
A license expires at midnight on the last day of the month it was issued, one year after its effective date. Submit the renewal at least 30 days before expiration. A renewal filed within 30 days after expiration pays a late fee, and after that you must start over with a new application.2 After two consecutive license periods in good standing, you can apply for a two-year license by paying twice the annual fee. Inspections continue on the annual schedule.2
File a program change application at least 30 days before you change capacity or space, the center name or the director, or sell less than 50% of the business.2 A move or a sale of 50% or more requires a new license application and fees, and you may not serve new children until it is issued.2 Exceptions to any rule need a written variance requested on OL’s form at least 30 days ahead.2
Sources
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Utah and neighboring states
Compare all 51| State | License | Who needs it | State fee |
|---|---|---|---|
| Utah (this guide) | Child Care Center License | 5 or more unrelated children outside a home, ongoing 4+ weeks a year | $62 + $200 + $1.75 per child of capacity |
| Idaho | Basic Daycare License (daycare center or group daycare facility) | 7 or more children for pay (group 7-12; center 13+) | $100 (7-12), $250 (13-25), $325 (26+) |
| Wyoming | Child care center license | Non-residential building licensed for 16 or more children | $25 application, $25 annual renewal (Chapter 2) |
| Colorado | Child Care Center license (small or large child care center) | Small center up to 15 children; large center 16 or more | Small center $200; large center $175 or $300 + $3 per child, capped at $1,800, paid on application and each year |
| New Mexico | Child Care Center license | Children cared for under 24 hours a day in a non-residential setting | $0 since November 1, 2025 |
| Arizona | Child Care Facility license | 5 or more unrelated children for pay | $330 (5-10) / $1,330 (11-59) / $2,575 (60+) |
| Nevada | Child care facility license: Child Care Center | More than 12 children, day or night care | $100 (13-50 children) to $300 (200+) |
Shortened from each state's guide and our 51-state table, as of each guide's last review. Fees are the state's own; local permits and background checks cost extra.