Utah licensed family child care: when your home program needs a license

Three tiers of home child care in Utah

Utah sorts care in your own home (“residential child care”) by headcount, not by whether you call it a business.⁠⁴ There are three positions, and the line between them is set partly by statute and partly by R430-50 and R430-90.

The license requirement in R430-90-3 applies when all of these are true: you are paid directly or indirectly, each child is in care for less than 24 hours a day, care lasts four or more hours a day, it covers nine or more unrelated children, it happens in your home without the parent present, and it runs on a regularly scheduled, ongoing basis.⁠¹ A “qualifying child” is under 13, or under 18 if the child has a disability.⁠⁴

The second trigger catches large families. Regardless of relationship, you must be licensed if you care in your home for more than ten children in total under 13 (or under 18 with a disability).⁠¹ Statute requires a license for nine or more qualifying children in a home and bars anyone without a license or certificate from caring for more than 10 children under 13 (or under 18 with a disability) in total at any time.⁠⁵⁠⁶ If you have four children of your own under 13, a seventh unrelated child puts 11 children in the house, which is above the certificate’s 10-child limit and requires a license.⁠²⁠¹

Below the license line, Utah does not require a license or certificate from homes caring for eight or fewer qualifying children unless the provider asks for a license or certificate.⁠⁶ Those exempt providers still face two limits: no more than two children under three years old at any time, and the background check requirements of 26B-2-406.⁠⁶ Exempt providers must also send OL the background check information and a count of children by age group, and post OL’s notice near the entrance saying the home is exempt and how to file a complaint.⁠⁶ R430-50 turns the second limit into a registration with OL so the checks can run.⁠² OL will not license care that is only for related children or only sporadic.⁠¹ Care by a parent, guardian, grandparent, sibling, uncle or aunt is outside the law entirely, as is home care for less than four hours a day or on a sporadic basis.⁠⁶

If you plan to run the program outside your home, the Utah child care center license applies instead. One person may hold licensed family child care licenses for no more than two facilities at once.⁠¹

How many children you can actually enroll

R430-90 separates two numbers: the children “in care” counted against the caregiver, and the total number of children in the house. This is where most Utah applicants miscount.

The base ratio is one caregiver for up to eight children and two caregivers for nine to 16.⁠¹ Your own children, and an employee’s, count differently by age:

• Your own children under 4 always count as children in care.⁠¹
• Your own children aged 4 or older count in the group size when you (their parent) work at the facility, and in both group size and the ratio when you do not.⁠¹

The group-size tables in R430-90-10 then cap the whole house. With one caregiver the house may never hold more than 12 children; with two, never more than 24.⁠¹

Scroll the table sideways to see every column.

The table shows selected rows; each added school-age child of your own reduces children in care by one once you pass four (one caregiver) or eight (two caregivers).⁠¹

Infants and toddlers tighten the math further. When children under two are present, you need one caregiver for every three of them, no caregiver may have more than two children under 18 months, and you need two caregivers if more than three children under two are present and more than six children are in care.⁠¹ Caregivers and volunteers who are 16 or 17 count in the ratio; guests never do.⁠¹

Two allowances help after-school programs. You may exceed your licensed capacity by up to three school-age children for after-school care.⁠¹ The license itself can carry individualized parameters, such as capacity set by square footage, an age restriction or an admission restriction, and you must follow them.⁠³

What the house and yard must have

Your licensed capacity is also capped by floor space: at least 35 square feet of indoor space per child, counting your own children.⁠¹ Furniture and equipment used by or for the children can be counted, but bathrooms, closets, entryways, hallways and lobbies cannot.⁠¹ Outdoors you need an area children can reach safely, with at least 40 square feet per child using it at one time.⁠¹ An outdoor area is mandatory for a licensed home; under the certificate rule it is only regulated if you use one.⁠¹⁠²

Fencing rules depend on where the house sits. A fence, wall or natural barrier at least four feet high must enclose the play area if you are on, or within half a mile of, a street with a speed of 25 mph or more or more than two lanes.⁠¹ The same four-foot barrier must separate the play area from drop-offs over five feet and dangerous machinery or livestock within 50 yards of the property line, water hazards (creeks, ditches, ponds, pools, troughs) within 100 yards, and barbed wire within 30 feet.⁠¹ No gap in or under the fence may be five by five inches or larger, and shade must be available.⁠¹

Other R430-90-9 requirements an inspector will check:

• A lead test for any building or play structure built before 1978 with peeling, flaking, chalking or failing paint.⁠¹
• Indoor temperature between 65 and 82 degrees Fahrenheit, and a working telephone at the home, on outings and in vehicles.⁠¹
• At least one working toilet and handwashing sink for each child out of diapers, and a private bathroom for school-age children.⁠¹
• A swimming pool not emptied after each use needs a commercially made safety cover or a locked four-foot fence; a filled hot tub needs a locked cover or a fence.⁠¹
• Barriers at least three feet high on accessible decks or balconies five feet or higher and on open stairwells five feet or deeper.⁠¹

If the house is subdivided, partly rented out, or shares a yard, OL may inspect the whole building and hold everyone in it to the rule. That exception ends only when the rented area has no connecting interior doors, a separate entrance and mailing address, a signed lease, and no shared outdoor area (unless a caregiver is with the children).⁠¹

Fire, kitchen and local approvals

Utah relies on local authorities for fire and food inspections. Your application must include documentation that you comply with, or are exempt from, fire and business license requirements, and you must meet your city’s and county’s zoning, fire, building and sanitation codes.⁠³ If the local fire authority states in writing that your home does not need a fire inspection, OL checks a short list itself: readable address numbers, clear exits, working smoke detectors on every level, and at least one charged and serviced fire extinguisher on each level, mounted no higher than five feet.⁠¹

If you serve food and the local health department says in writing that no kitchen inspection is needed, OL checks food storage, sanitizing, a working kitchen handwashing sink, a stem thermometer, and a refrigerator holding 41 degrees Fahrenheit or below.⁠¹

Background checks for your whole household

Background checks are the step that most often delays a Utah home application, because they reach well beyond you. Statute requires checks for owners, directors, employees, caregivers, volunteers other than enrolled children’s parents, and every adult living in the home; fingerprints go to the FBI, and the person checked pays the cost.⁠⁷ R430-90 adds:

• Household members 12 to 17 need an eligible check; household members 18 and older need a check that includes fingerprints.⁠¹
• Caregivers, other staff (drivers, cooks, clerks) and volunteers must be found eligible before they are involved with child care.⁠¹
• Anyone 16 or older who is not already in the licensing provider portal submits an online application and fingerprints, which you authorize and pay for through the portal.⁠¹
• A guest 12 or older who stays in the home more than two weeks needs a check.⁠¹
• When a child living in the home turns 12, you have ten working days to submit that child’s application.⁠¹
• A check must be redone if the person has not been associated with an active licensed child care facility for 180 days, has lived outside Utah since the last check, or turns 18 without prior fingerprints.⁠¹

Fingerprints must be taken by local law enforcement or an agency it approves.⁠¹ A felony conviction or pending felony charge can make a person ineligible.⁠¹ OL can deny your application while an ineligible person is still in the home or program.⁠³

Training and qualifications

As the provider you must be at least 18, be found eligible by a background check, complete the new provider training offered by OL, and then complete at least 20 hours of child care training each year, counted from the license date.⁠¹ At least half of the annual hours must be interactive, and you keep records showing the date, presenter, length, topic and whether each session was interactive.⁠¹

Someone must be at the home whenever a child is there: you or a “provider designee,” the adult you delegate.⁠¹ Before being left alone with children, the designee must complete OL’s new provider training and hold current first aid and pediatric CPR certification.⁠¹

Each caregiver must be at least 16, complete OL’s 2-1/2 hour preservice training before working with children, and complete 20 hours of training a year (or 1-1/2 hours per month worked if hired partway through the license year).⁠¹ Other staff also take the preservice course.⁠¹ Someone with current pediatric first aid and CPR, including a hands-on test, must be present at the home, on every outing and in every vehicle carrying children.⁠¹

Plans, records and policies to have ready

Before the first child arrives, R430-90 expects these to exist on paper:

• A written emergency preparedness, response and recovery plan covering children with disabilities or chronic conditions, infants and toddlers, family reunification, continuity of operations, evacuation, lockdown, relocation and shelter in place, plus allergy and food-reaction instructions.⁠¹
• A drill schedule: fire evacuation drills at least quarterly and other disaster drills every six months, varied by day and time, with 12 months of records on site.⁠¹
• An admission and health assessment form for each child, signed by the parent before admission and updated at least yearly.⁠¹
• Immunization records, an approved schedule, or a legal exemption for every child, including your own; foster children and children experiencing homelessness get a 90-day exemption.⁠¹ You also file the annual immunization report with the Utah Statewide Immunization Information System.⁠¹
• Either liability insurance or a written notice to parents that you have none.⁠¹
• A posted license and either a posted copy of OL’s Parent Guide or a copy given to each parent.⁠¹

Specific operating rules affect how you set up rooms. Firearms must be stored as state and federal law allows, and other weapons, including BB and airsoft guns, must be out of children’s reach.⁠¹ Cribs must be documented as built after June 28, 2011 or certified.⁠¹ Infants sleep on their backs in sleep equipment, never on mats or in car seats.⁠¹ Awake infants and toddlers may not be confined in a swing, high chair, crib or playpen for more than 30 minutes.⁠¹ If you transport children, you need a signed parent permission form for each child, a driver aged 18 or older, and a vehicle kept between 60 and 85 degrees Fahrenheit.⁠¹

Applying to the Office of Licensing

The Office of Licensing, part of the DHHS Division of Licensing and Background Checks, issues the license.⁠¹⁰ R430-90 and the general licensing rule, R380-600, set the requirements; in practice they fit together in this order:

1. Finish new provider training

   R430-90-6 requires the provider to complete the new provider training offered by OL; ask OL how and when to take it before you apply.⁠¹

2. Get local sign-offs

   Collect the fire authority’s inspection or written waiver, the health department’s kitchen decision if you serve food, and your business license or exemption.⁠³⁠¹

3. Run background checks

   Submit checks for yourself, adult and teenage household members, and any caregivers through the licensing provider portal.⁠¹⁠³

4. Submit the application and fee

   The application packet includes the OL application, the fee, background checks, any policies OL requires, and contact details for each owner or director.⁠³ OL does no on-site visit or document review until the fee is paid.⁠³

5. Pass the initial inspection

   OL inspects the home against R430-90; the license fee covers the initial inspection.⁠⁸

6. Wait for approval before opening

   Until OL approves the license you may not accept any fee, sign an agreement to provide care, or provide care.⁠³

Finish the process within six months of applying, or you must submit a new application and fees.⁠³ A denied applicant must wait three months before reapplying.⁠³ The license is not transferable: a new location, 50% or more ownership change, or a change in the population served requires a new application at least 30 days ahead.⁠³ A capacity change or a change in the space you use needs a program change application 30 days ahead.⁠³

Fees

Utah sets these fees in the DHHS fee schedule approved by the Legislature each year. The figures below are from the FY 2027 schedule presented to the Social Services Appropriations Committee on January 23, 2026, as published on 2026-10-12.⁠⁸

OL’s own 2026-2027 child care fee schedule lists the same $62.00 base fee for new applications, annual renewals and changes of ownership, and $31.00 for late renewals of homes; ask OL which amount applies to your renewal.⁠¹¹ Fingerprinting and repeat follow-up inspections cost extra: you pay an additional inspection fee each time OL must return for the same uncorrected violation.⁠³

Renewal, inspections and enforcement

A Utah license expires at midnight on the last day of the month it was issued, one year after its effective date.⁠³ Submit the renewal request and fee at least 30 days before expiry. Within 30 days after expiry you can still renew with a late fee; after that you must apply as a new provider.⁠³ After two consecutive license periods in good standing you may request a two-year license by paying twice the annual fee; inspections continue on the annual schedule.⁠³

OL may make announced and unannounced inspections, and it posts each citation and substantiated complaint on its website for at least 36 months.⁠³ Report any critical incident to OL within one business day. Report suspected abuse or neglect to the Division of Child and Family Services and law enforcement within 24 hours, and tell the parents within 24 hours.⁠³ OL can order immediate closure when conditions create a clear and present danger to a child. After a severe injury or death, it can suspend services and new enrollments pending review.⁠¹

Rule changes in 2026

Both R430-90 and R430-50 were amended effective June 5, 2026, so training materials and checklists dated before then may be out of date.⁠¹⁠² The FY 2027 fee schedule sets the late fee for homes at $31 and the charge for license changes beyond two per license year at $44.34.⁠⁸

Sources

1. 1
   Utah Office of Administrative Rules, Utah Admin. Code R430-90, Licensed Family Child Care (last changed June 5, 2026) Checked 12 Oct 2026 · Back to text ↑
2. 2
   Utah Office of Administrative Rules, Utah Admin. Code R430-50, Residential Certificate Child Care (last changed June 5, 2026) Checked 12 Oct 2026 · Back to text ↑
3. 3
   Utah Office of Administrative Rules, Utah Admin. Code R380-600, Licensing General Provisions Checked 12 Oct 2026 · Back to text ↑
4. 4
   Utah State Legislature, Utah Code 26B-2-401, Definitions (child care licensing) Checked 12 Oct 2026 · Back to text ↑
5. 5
   Utah State Legislature, Utah Code 26B-2-403, Child care licensing Checked 12 Oct 2026 · Back to text ↑
6. 6
   Utah State Legislature, Utah Code 26B-2-405, Exclusions from part Checked 12 Oct 2026 · Back to text ↑
7. 7
   Utah State Legislature, Utah Code 26B-2-406, Criminal background checks Checked 12 Oct 2026 · Back to text ↑
8. 8
   Utah Office of the Legislative Fiscal Analyst, Health and Human Services Fees, Social Services Appropriations Committee (January 23, 2026) Checked 12 Oct 2026 · Back to text ↑
9. 9
   Utah State Legislature, Utah Code 26B-2-404, Residential Child Care Certificate Checked 12 Oct 2026 · Back to text ↑
10. 10
    Utah Department of Health and Human Services, Division of Licensing and Background Checks, Office of Licensing Checked 12 Oct 2026 · Back to text ↑
11. 11
    Utah Department of Health and Human Services, Division of Licensing and Background Checks, 2026-2027 Child Care Fees Checked 12 Oct 2026 · Back to text ↑

Was this information accurate? Report an errorPrint or save as PDF