Montana Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in Montana?

In Montana, childcare licensing is administered by the Child Care Licensing (CCL) program within the Department of Public Health and Human Services (DPHHS), specifically under the Early Childhood and Family Support Division (ECFSD). The CCL program monitors, inspects, and supports licensed and registered childcare facilities and establishes regulations for the health, safety, and well-being of children in care.

Montana requires registration or licensing for anyone caring for more than two unrelated children on a regular basis. The type of registration or license you need depends on the number of children in your care and your setting:

• Licensed Child Care Center: An out-of-home facility that provides care to 16 or more children on a regular or irregular basis. Centers require a full license from DPHHS and are subject to the most detailed regulatory requirements.

• Registered Group Child Care Home: A private residence or other structure in which care is provided for 9 to 15 children on a regular basis. Group homes must be registered with DPHHS and require two adults providing care, with a limit of six children under the age of two.

• Registered Family Child Care Home: A private residence in which care is provided for 3 to 8 children on a regular basis, with no more than three children under the age of two. Family homes must be registered with DPHHS.

• Family, Friend, and Neighbor (FFN) Provider: A registered provider that may care for a sibling group of any size or up to four unrelated children in the child's home or the provider's residence. FFN providers have fewer regulatory requirements than other provider types.

How to apply for a Montana childcare license

The Montana childcare licensing application process involves several steps. Plan for the process to take several weeks to a few months, depending on how quickly you can meet all requirements. Here is the general process for a licensed child care center:

1. 1

   Review the state regulations

   Begin by reviewing the Montana Administrative Rules (ARM) for child care centers, available through the DPHHS website. Understanding the full scope of requirements before you apply will save time and avoid surprises during the inspection process.

2. 2

   Complete background checks

   All staff must complete an FBI fingerprint-based background check and a name-based criminal records check before working in the facility. Montana offers FBI fingerprint background checks at no cost to childcare providers. You will also need child protective services checks for Montana and any state where you have lived in the preceding five years.

3. 3

   Submit your application and required documentation

   Complete the DPHHS licensing attestation form and application. You will need to provide a floor plan with square footage calculations, proof of fire and liability insurance, and documentation of staff qualifications and training.

4. 4

   Pass pre-inspections

   Before your license can be issued, you must receive an approved inspection report from the state fire marshal confirming fire safety rules have been met, and an approved inspection report from public health authorities. A DPHHS licensing representative will also conduct a pre-inspection of your facility.

5. 5

   Receive your license

   Once all requirements are met and inspections are passed, DPHHS will issue your childcare license. Montana childcare center licenses must be renewed annually.

For support during the application process, you can contact your local SPARK Learning Lab or reach the DPHHS Child Care Licensing team directly.

Montana staff-to-child ratio requirements

Montana sets specific staff-to-child ratios and maximum group sizes based on the ages of children in care. These ratios are defined in Montana Administrative Rule 37.95.623 and must be maintained at all times during the hours children are in care.

Licensed child care centers

Family and group homes

• Family homes: One caregiver may care for 3 to 8 children, with no more than three children under the age of two.

• Group homes: Two adults provide care for 9 to 15 children, with a limit of six children under the age of two.

These ratios are from Montana Administrative Rules. Always verify current ratios with DPHHS, as they may be updated. For help planning your classroom staffing, try our ratio calculator.

Staff qualification and training requirements

Montana has specific requirements for directors and caregivers working in licensed childcare centers and registered homes.

Director qualifications

• Experience: Center directors must have two years of experience in an early childhood program, such as a licensed or registered childcare facility or Head Start program.

• Training: Directors must have completed 32 hours of Early Childhood Project (ECP) training or hold level 2 or higher on the ECP Practitioner Registry.

• Certifications: Directors must hold current certifications in infant choking response, pediatric first aid, and infant, child, and adult CPR.

Caregiver requirements

• Annual training: All caregivers who work 160 hours or more per year must complete at least eight hours of approved annual training. Training must be current on the ECP Practitioner Registry.

• Health and safety course: All caregivers must complete a health and safety review course every three years.

• CPR and First Aid: At least one caregiver with current pediatric CPR and First Aid certification must be present at all times when children are in care.

• ECP Practitioner Registry: Directors, early childhood teachers, and assistant teachers at any child care facility must be current on the Montana Early Childhood Project (ECP) Practitioner Registry.

Facility requirements

Your physical space must meet Montana standards before a license or registration can be issued. Key requirements include:

• Indoor space: A minimum of 35 square feet of usable floor space per child who will be in a room at any one time. This measurement excludes food preparation areas, bathrooms, offices, staff rooms, corridors, hallways, closets, lockers, laundry areas, furnace rooms, and similar non-usable areas.

• Outdoor space: A minimum of 75 square feet of usable outdoor play space per child accessing the play space at any given time. Outdoor play areas must be surrounded by a fence at least four feet high and designed so that all parts are visible and easily supervised by staff.

• Fire safety inspection: An annual approved inspection report from the state fire marshal confirming that fire safety rules have been met. Licensing staff inspect centers twice a year, and health and fire officials visit once a year.

• Health inspection: An annual approved inspection report from public health authorities is required before a license can be granted and must be maintained each year.

• Insurance: Proof of current fire and liability insurance coverage is required before a center license can be issued.

• Space waivers: Providers may request a waiver with an alternate plan if limited indoor space is offset by sheltered outdoor space, or if limited outdoor or unfenced space is offset by the availability of a nearby school playground, park, or other alternatives.

Background check requirements

Montana requires comprehensive background checks for all individuals working in childcare settings. Background checks must be completed before a person begins working in a facility.

• FBI fingerprint check: All childcare staff must complete an FBI fingerprint-based background check. Montana offers these fingerprint checks at no cost to childcare providers.

• Name-based criminal records check: A name-based criminal records check is required for Montana and any state where the individual has resided in the preceding five years.

• Child protective services check: A child protective services check is required for Montana and any state where the individual has resided in the preceding five years. This check must be completed prior to working in a child care facility and repeated annually thereafter.

• Timing: Background checks must be completed before a person has direct contact with children in care. The child protective services check must also be renewed annually.

Health and safety requirements

Montana Administrative Rules include detailed health and safety requirements that licensed and registered operations must follow.

• Immunization records: Up-to-date immunization records are required for all enrolled children. Montana DPHHS provides specific immunization schedules and resources through its public health division.

• Supervision at all times: Montana Administrative Rule 37.95.172 requires that children be supervised at all times by qualified staff. All areas of outdoor play must be visible and easily supervised.

• Safe sleep practices: Infants must be placed on their backs to sleep in approved cribs that meet current safety standards. No soft bedding, pillows, bumper pads, or toys are permitted in the crib.

• Fire drills and emergency procedures: Regular fire drills must be conducted and documented. Written emergency procedures must be posted and practiced. Staff must know what to do in the event of a fire, severe weather, medical emergency, or other crisis.

• Medication administration: Medications may only be administered with written parent authorization. All medication administration must be documented with the medication name, dosage, time, and staff member responsible.

• Handwashing and sanitation: Proper handwashing procedures must be followed by staff and children, including before and after meals, after diaper changes, after using the restroom, and after outdoor play.

Inspections and ongoing compliance

Once licensed or registered, your operation will be subject to ongoing monitoring by DPHHS.

• Pre-inspection: All licensed or registered programs receive a pre-inspection before they can begin providing care.

• Ongoing monitoring: Licensed child care centers are inspected by DPHHS licensing staff twice a year. Health and fire officials also visit once a year. Family homes, group homes, and FFN providers are inspected annually.

• Annual license renewal: Montana childcare licenses and registrations must be renewed every year. Renewal requires continued compliance with all applicable rules and updated documentation.

• Complaint investigations: DPHHS follows up on all complaints received about licensed or registered childcare programs.

• Corrective action: If deficiencies are found during an inspection, the provider is given a timeframe to correct the issues. Serious or repeated violations can result in adverse actions, including suspension or revocation of the license or registration.

Best Beginnings STARS to Quality (QRIS)

Montana's Best Beginnings STARS to Quality program is the state's voluntary Quality Rating and Improvement System (QRIS). The program uses research-based standards to drive quality improvement in early childhood care and education settings across Montana.

• Five-star system: STARS to Quality uses a five-level rating system. Criteria at each star level builds on the previous levels, and programs must demonstrate maintenance and achievement of all criteria at every level.

• Voluntary participation: STARS to Quality is a voluntary program. Participation is not required for licensing but can help programs demonstrate quality to families and access additional supports.

• Career path support: The program supports workforce development through the Montana Early Care and Education Career Path, encouraging professional development along a continuum of training.

• Program redesign: As of early 2026, STARS to Quality is undergoing a redesign phase and is not accepting new applications. A rebuilt Quality Rating System (QRS) has a projected launch date of October 1, 2026. Check the DPHHS website for the latest status.

Record-keeping requirements

Montana licensing requires childcare operations to maintain detailed records that are available for review during inspections. Keeping these records organized and current is essential for staying in compliance.

• Attendance records: Daily sign-in and sign-out records for every child, with the time recorded for each entry. These records must be retained and available for inspector review.

• Child enrollment records: Complete enrollment information for each child, including emergency contacts, authorized pickup persons, medical information, allergies, and immunization records.

• Staff records: Personnel files for every employee, including background check results, training documentation, ECP Practitioner Registry status, certifications, and employment history.

• Incident reports: Written documentation of any injuries, accidents, or unusual incidents that occur at the facility.

• Fire drill and emergency drill logs: Documentation of every fire drill and emergency drill conducted, including date, time, and number of participants.

• Medication administration logs: Records of all medications administered to children, including parent authorization forms.

Resources

Here are key resources for Montana childcare providers:

• Montana DPHHS Child Care Licensing: The official state agency for childcare licensing, including rules, application forms, and provider search tools. Visit dphhs.mt.gov or call (406) 444-2012.

• Montana Early Childhood Project (ECP) Practitioner Registry: The state's system for tracking early childhood professional development and qualifications. All directors, teachers, and assistant teachers must maintain current status on the registry.

• SPARK Learning Labs: Local resource centers that provide support, training, and guidance to childcare providers throughout Montana, including help with the licensing application process.

• Child Care Resource and Referral (CCR&R) agencies: Montana's CCR&R network provides training, technical assistance, and support to childcare providers across the state.

• Montana Administrative Rules: The full text of Montana's child care regulations is available through the Administrative Rules of Montana (ARM), specifically Title 37, Chapter 95.