Utah Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in Utah?

In Utah, childcare licensing is administered by the Department of Health and Human Services (DHHS), specifically through the Division of Licensing and Background Checks (DLBC), Office of Licensing (OL). DLBC is responsible for setting licensing rules, processing applications, conducting inspections, and enforcing compliance for all regulated childcare operations in the state.

Utah's childcare licensing rules are codified under Utah Administrative Code Title R381. The primary rule for child care centers is R381-100. The type of license you need depends on the size and setting of your operation:

• Licensed Child Care Center: A facility that provides care for six or more children in a commercial (non-residential) setting. This is the most common license type for childcare businesses in Utah.

• Licensed Hourly Child Care Center: A center that provides care on a drop-in or hourly basis, governed under R381-60. These facilities have their own set of ratio and operational rules.

• Licensed Family Child Care: A home-based operation that provides care for up to 16 children, including the provider's own children. These are governed under separate family licensing rules.

• Licensed Out of School Time Program: A program providing care for school-age children before or after school, or during school breaks.

• Residential Certificate: A smaller home-based program for providers caring for fewer children, with less extensive requirements than a full family license.

How to apply for a Utah childcare license

The Utah 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.

1. 1

   Read the licensing rules

   Start by reviewing the applicable licensing rules or interpretation manual for your program type. For child care centers, this is R381-100. These documents outline every requirement you must meet before and after receiving your license.

2. 2

   Complete the online New Provider Training

   Utah requires all new providers to complete an online New Provider Training course offered by DLBC. The course takes approximately 90 minutes and must be completed in a single sitting. This training covers the fundamentals of Utah's licensing rules and what is expected of licensed providers.

3. 3

   Submit your online license application

   Applications are submitted online through the DLBC provider portal. You will need to provide a copy of your current city business license, fire inspection, kitchen inspection (if applicable), your director's educational credentials, facility floor plans, and a W-9 form.

4. 4

   Complete background checks for all covered individuals

   All covered individuals, including providers, directors, caregivers, staff, volunteers, and household members age 12 and older, must submit background checks through the Office of Background Processing (OBP) before becoming involved with the program.

5. 5

   Pass the pre-license inspection

   After completing the prior steps, a licensor from DLBC will contact you to schedule an on-site pre-license inspection. The licensor will assess your facility for compliance with all applicable rules and requirements. Any deficiencies must be corrected before your license can be issued.

6. 6

   Receive your license

   Once all requirements are met and your inspection passes, DLBC will issue your license. You must print a copy and post it in a location visible to parents at your facility.

Utah staff-to-child ratio requirements

Utah sets specific caregiver-to-child ratios and maximum group sizes based on the ages of children in care. These ratios are defined in R381-100-10 and must be maintained at all times during operating hours.

Single-age groups

Mixed-age group rules

Utah has specific rules for mixed-age groups. For mixed-age groups that do not include infants and toddlers, the ratio is determined by the age of the oldest child in the group minus one child of that age group, and the max group size is determined by the oldest child's age group minus two children.

For mixed groups that include infants and toddlers (children under 2), no more than three children younger than two years old may be in the group with one caregiver, and at least two caregivers are required if more than two children under 18 months are present and the group has more than four children total.

Additional staffing rules

• Two-caregiver minimum: At least two caregivers must be present when there is only one group on the premises with more than eight children, or when the group has more than two infants or toddlers.

• Nap time exception: During nap time, the provider may double the caregiver-to-child ratio only if each child in the group is at least 18 months old, each child is in a restful and nonactive state, and the supervising caregiver can contact another on-site caregiver without leaving the children unattended.

These ratios are from Utah Administrative Code R381-100-10. Verify current ratios with DLBC, as they may be updated periodically. For help planning your classroom staffing, try our ratio calculator.

Staff qualification and training requirements

Utah has specific requirements for directors, caregivers, and all staff working in licensed child care centers, codified in R381-100-7.

Director qualifications

• Age requirement: Directors must be at least 21 years old.

• Education credentials: Each director must hold at least one of the following: a currently valid national certification such as a Certified Childcare Professional (CCP) or Child Development Associate (CDA); a bachelor's or higher degree with at least 60 hours of coursework in child development, social and emotional development, and the child care environment; at least 12 college credit hours in child development courses; or at least an associate degree in early childhood development or a related field.

• Required training: Directors must complete the Center Director Training class offered by the Department and complete new director training offered by OL within 60 working days of assuming director duties.

• On-site presence: The director must be on duty at the facility for at least 20 hours per week during operating hours and must have sufficient freedom from other responsibilities to manage the center and respond to emergencies.

Caregiver requirements

• CPR and First Aid: All directors and caregivers must hold current pediatric CPR and First Aid certification.

• Preservice training: Staff hired after January 1, 2023 must complete a 2.5-hour preservice training course offered by OL before becoming involved with child care.

• Annual training hours: Child care center staff must complete 20 hours of annual training. Training must cover topics related to child development, health and safety, and program operations. DLBC offers free quarterly online interactive training courses.

• Background checks: All staff must pass a comprehensive background check through the Office of Background Processing before having any involvement with children. See the background checks section below for full details.

Facility requirements

Your physical space must meet the standards set out in R381-100-9 before a license can be issued. Key requirements include:

• Indoor space: A minimum of 35 square feet of indoor space per child in care, including the provider's or employee's own children. Floor space used for furniture, fixtures, or equipment may be counted if the items are used for child-related purposes.

• Outdoor space: A minimum of 40 square feet per child using the outdoor area at one time. The total outdoor area must accommodate at least one-third of the approved capacity at one time, or be at least 1,600 square feet, whichever applies.

• Fencing: The outdoor area must be enclosed by a fence, wall, or solid natural barrier that is at least four feet high, with no gaps five by five inches or greater in or under any fence or barrier.

• Shade: Shade must be available to protect children from excessive sun and heat when in the outdoor area.

• Fire safety: Your facility must pass a fire inspection. Working smoke detectors and fire extinguishers must be installed and maintained. Regular fire drills are required and must be documented. A posted evacuation plan is required.

• Kitchen inspection: If your facility prepares or serves food, you must pass a kitchen inspection as part of the licensing process.

• City business license: A current city business license for your facility location is required as part of the application.

Background check requirements

Utah takes background checks seriously. All background checks are processed through the Office of Background Processing (OBP), which examines each individual's background through nine different sources.

• Who must be checked: All covered individuals, including providers, directors, designees, caregivers, staff, volunteers, and household members age 12 and older must submit a background check before becoming involved with a child care program.

• Fingerprinting: All covered individuals age 18 and older are required to submit fingerprints as part of the background check process.

• Nine-source screening: OBP conducts a thorough background check using nine different sources to ensure comprehensive screening of each individual.

• Disqualifying offenses: Certain convictions automatically disqualify an individual from involvement with licensed child care, including child pornography, sexual exploitation of a minor, voyeurism, crimes against an individual, providing dangerous weapons or firearms to a minor, and DUI while a child is present in the vehicle.

• Timing: Background checks must be completed before a person has any involvement with the child care program. There is no grace period.

• Appeals process: If a background check determination finds an individual ineligible, they have a 15-day period to submit an appeal to OBP.

Health and safety requirements

Utah's licensing rules include detailed health and safety requirements that licensed operations must follow every day.

• Immunization records: Up-to-date immunization records are required for all enrolled children and must be on file and available for inspection at all times.

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

• Safe sleep practices: For infants, providers must follow safe sleep guidelines. Infants must be placed on their backs to sleep in approved cribs with no soft bedding, pillows, bumper pads, or toys.

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

• Emergency procedures: Written emergency procedures must be posted and practiced regularly. Staff must know what to do in the event of a fire, earthquake, severe weather, medical emergency, or other crisis.

• Illness exclusion: Operations must have a written illness exclusion policy and procedures for notifying parents when their child becomes ill during the day.

Record-keeping requirements

Utah licensing requires childcare operations to maintain detailed records that are available for review during inspections. Keeping these records organized and current is one of the most important things you can do to stay in compliance.

• Attendance records: Daily sign-in and sign-out records for every child, with the time recorded for each entry.

• 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, certifications, and employment history.

• Incident reports: Written documentation of any injuries, accidents, or unusual incidents that occur at the facility, including details of what happened and what actions were taken.

• Fire drill logs: Documentation of every fire drill conducted, including the date, time, number of children and staff present, and evacuation time.

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

Inspections and ongoing compliance

Once licensed, your operation will be subject to ongoing monitoring by DLBC.

• Unannounced inspections: DLBC conducts unannounced inspections of licensed childcare operations during normal operating hours. These inspections can happen at any time and may cover any aspect of your operation, including ratios, records, facility conditions, and health and safety practices.

• Corrective action: If deficiencies are found during an inspection, the operation is given a specified timeframe to correct the issues. The timeframe depends on the severity of the deficiency.

• Adverse actions: Repeated or serious violations can result in adverse actions, including probation, license suspension, license revocation, or monetary penalties. Violations posing an immediate threat to children can result in emergency action.

Utah's Child Care Quality System (CCQS)

Utah's Quality Rating and Improvement System (QRIS) is called the Child Care Quality System (CCQS), administered by the Department of Workforce Services, Office of Child Care. The CCQS is a voluntary program that recognizes childcare providers who exceed minimum licensing standards.

• Quality ratings: Programs participating in CCQS may earn a certified quality rating, which designates them as having quality practices related to positive outcomes for children, as verified by the Office of Child Care.

• Evaluation process: Evaluators visit child care providers and review their program based on health and safety, the learning environment, caregiver interactions, staff professional development, and family engagement efforts.

• Environment Rating Tools: Utah has chosen the Environment Rating Tools as its method for observing the quality of the environment for children in participating programs.

• Care About Childcare: Care About Childcare is Utah's resource network that supports caregivers in reaching quality improvement goals through the CCQS and through other training and technical assistance resources.

Resources

Here are key resources for Utah childcare providers:

• DHHS Division of Licensing and Background Checks (dlbc.utah.gov): The official state agency website for childcare licensing, including rules, application forms, training information, and background check processing.

• Utah Administrative Code R381-100: The full text of Utah's child care center licensing rules, available at adminrules.utah.gov.

• Care About Childcare (careaboutchildcare.utah.gov): Utah's resource network for childcare providers, offering training, quality improvement support, and connections to the Child Care Quality System.

• Office of Child Care (jobs.utah.gov/occ): Part of the Department of Workforce Services, the Office of Child Care administers the CCQS, child care subsidies, and provider quality resources.