Montana Childcare Licensing Requirements
Montana childcare centers must include 13 mandatory sections in parent handbooks per Mont. Admin. R. (ARM) 37.96.312(1)(b) (Family Access to Information — admission requirements, enrollment procedures, and hours of operation must be disclosed to parents); see also ARM 37.96.202 (General Programming Requirements).
Last updated: April 2026
Researched by the TotReady Research TeamRequired Handbook Sections
The following sections must appear in every Montana childcare parent handbook per state licensing rules.
| Section | Description | Citation | Status |
|---|---|---|---|
| Hours of Operation | Days and hours the facility is open; holiday closures; late pick-up policy. | Mont. Admin. R. (ARM) 37.96.312(1)(b) (Family Access to Information — admission requirements, enrollment procedures, and hours of operation must be disclosed to parents); see also ARM 37.96.202 (General Programming Requirements) | Required |
| Behavior Guidance and Discipline PolicyGuide → | Positive guidance techniques used; prohibited discipline methods; progressive steps. | Mont. Admin. R. (ARM) 37.96.206 (Positive Child Guidance) | Required |
| Illness and Exclusion PolicyGuide → | Symptoms requiring exclusion; readmission criteria; communicable disease procedures. | Mont. Admin. R. (ARM) 37.96.505 (Management of Illness) | Required |
| Medication Administration PolicyGuide → | Procedures for administering prescription and non-prescription medications; authorization requirements. | Mont. Admin. R. (ARM) 37.96.502 (Medication Administration); see also ARM 37.96.303(1)(f) (required written medication administration policy) | Required |
| Emergency ProceduresGuide → | Fire, severe weather, lockdown, and medical emergency procedures; evacuation routes. | Mont. Admin. R. (ARM) 37.96.410 (Emergency and Disaster Preparation); see also ARM 37.96.303(2) (required written emergency disaster plan for each structure) | Required |
| Arrival and Departure Procedures | Sign-in/sign-out requirements; authorized pick-up persons; late pick-up fees. | Mont. Admin. R. (ARM) 37.96.307(1)(a)(vii) (Program Records — real-time attendance record of children in care); authorization of persons allowed to pick up the child and emergency contact/consent form per ARM 37.96.308 (Children's Records) | Required |
| Nutrition and Meals Policy | Meals and snacks provided; food allergy procedures; outside food policy. | Mont. Admin. R. (ARM) 37.96.704 (Nutrition Requirements); see also ARM 37.96.705 (Infant Feeding) and ARM 37.96.624 (Food Preparation and Handling) | Required |
| Parent Communication Policy | Daily report procedures; how to reach staff; parent conference schedule. | Mont. Admin. R. (ARM) 37.96.312 (Family Access to Information) | Required |
| Grievance and Complaint Procedure | Steps for resolving concerns; contact for unresolved complaints. | Mont. Admin. R. (ARM) 37.96.1116 (Fair Hearing) (entitling applicants/licensees/registrants to a fair hearing in accordance with ARM 37.5.103); see also ARM 37.96.1101 (Complaints and Investigations) | Required |
| Child Abuse and Neglect Reporting | Mandatory reporter obligations; reporting procedures; state hotline. | Mont. Admin. R. (ARM) 37.96.303(4)(c) & (8)(i) (Policy Requirements — written policy on mandatory reporting of suspected child abuse and neglect); statutory basis 41-3-201, MCA (Reports — child-care facility employees are mandatory reporters) | Required |
| Enrollment, Fees, and Payment Policy | Enrollment process; tuition rates; payment schedule; refund policy. | Mont. Admin. R. (ARM) 37.96.312(1)(b) (admission requirements, enrollment procedures) & 37.96.312(1)(d) (fees and payment plan) disclosed to parents; license/registration application per ARM 37.96.107 | Required |
| Health and Safety Policies | Handwashing procedures; diapering; sunscreen; rest time policies. | Mont. Admin. R. (ARM) 37.96.402 (Hazards); umbrella subchapter 37.96.4 (Safety and Facilities), incl. 37.96.404 (Building Requirements Related to Exits), 37.96.407 (Indoor Space Requirements), 37.96.408 (Outdoor Space Requirements), 37.96.409 (Fire Safety Requirements); see also subchapter 37.96.6 (Environmental Health) and ARM 37.96.602 (Health Rules Included in Inspection by Public Health Authorities) | Required |
| Nondiscrimination Policy | Statement of equal access; protected classes covered. | Mont. Admin. R. (ARM) 37.96.113(1)(b) (License or Registration Application Denial — discrimination in the provision of child care services on the basis of the protected class of the parent/guardian or child is grounds for denial); 'discrimination' (including in admissions or staff employment) defined at ARM 37.96.101(10) | Required |
| Transportation Policy | Vehicle safety requirements; car seat policy; authorization procedures. | Mont. Admin. R. (ARM) 37.96.414 (Transportation Safety); written transportation policy required by ARM 37.96.303(6) | Recommended |
| Field Trip Policy | Authorization requirements; supervision ratios during off-site activities. | Mont. Admin. R. (ARM) 37.96.312(1)(f) (Family Access to Information — transportation and trip arrangements disclosed to parents, if applicable); general activity programming governed by ARM 37.96.202 (General Programming Requirements) | Recommended |
Staff-to-Child Ratios
Montana mandates the following maximum staff-to-child ratios by age group.
| Age Group | Staff-to-Child Ratio |
|---|---|
| Newborn through 11 months (infants) | 4:1 (maximum group size 12) |
| 12 months through 23 months (toddlers) | 6:1 (maximum group size 12) |
| 2 years old | 8:1 (maximum group size 16) |
| 3 years through 5 years | 10:1 (maximum group size 20) |
| 6 years old and over (school-age) | 20:1 (maximum group size 40) |
Immunization Requirements
- Measles (MMR)
- Mumps (MMR)
- Rubella (MMR)
- Poliomyelitis (polio)
- Diphtheria (DTaP/DTP/DT/Tdap)
- Pertussis / whooping cough (DTaP/DTP/Tdap)
- Tetanus (DTaP/DTP/DT/Tdap/Td)
- Varicella (chickenpox)
- Hepatitis B
- Pneumococcal disease (PCV) — not required for children 5 years and older
- Haemophilus influenzae type B (Hib) — not required for children 5 years and older
- Exemptions allowed: medical contraindication and religious grounds (Affidavit HES-113); conditional/grace-period enrollment permitted (ARM 37.96.802; ARM 37.96.805; ARM 37.96.806)
Background Check Requirements
- Fingerprint background check through the Montana Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) — FBI fingerprint check required every five years (ARM 37.96.1002, Fingerprint and Background Checks)
- Check of the Montana Sex Offender Registry and the national Sex Offender Registry via the National Crime Information Center (NCIC) — required annually
- Child protective services (CPS) check for Montana and any state of residence in the preceding five years — required annually
- Name-based criminal records check for Montana and any state of residence in the preceding five years
- Required for facility personnel (directors, owners, teachers, substitutes, volunteers with child contact) and all adults residing in or regularly present at the facility; disqualifying results enumerated in ARM 37.96.1003 (background-check results that MUST result in denial) and ARM 37.96.1004 (results that MAY result in denial)
Inspection Frequency
The department must visit and inspect all licensed and registered child care facilities annually, except RCE providers, and may conduct unannounced inspections (FFN providers receive scheduled inspections) (ARM 37.96.118, Facilities Inspections; statutory basis 52-2-733, MCA, Periodic Visits to Facilities by Department). Before a provider may care for children the department conducts a pre-inspection, then issues a 90-day provisional license/registration during which it observes the facility while children are in care before removing provisional status and issuing a regular license/registration (ARM 37.96.111, Issuing a License or Registration). Annual State Fire Marshal and local public-health authority approvals are also required (ARM 37.96.602).
Penalties for Non-Compliance
Establishing or maintaining a day-care facility without first obtaining a license or registration certificate is a misdemeanor, punishable upon conviction by a fine not to exceed $500 (52-2-741(1), MCA). The department may report the results of its investigation to the attorney general or the county attorney for prosecution and request that an injunction be issued against the facility until a license or certificate is issued (52-2-741(2), MCA). For licensed/registered providers the department applies progressive enforcement, including corrective action and denial, suspension, revocation, modification, or reduction to probationary status of a license or registration (ARM subchapter 37.96.11, Compliance and Enforcement, incl. ARM 37.96.1101 Complaints and Investigations and ARM 37.96.1116 Fair Hearing).
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Frequently Asked Questions
How many sections must be in a Montana childcare parent handbook?
Montana childcare centers are required to include at least 13 mandatory sections in their parent handbooks per state licensing regulations enforced by the Montana Department of Public Health and Human Services (DPHHS), Early Childhood and Family Support Division (ECFSD) — Child Care Licensing (CCL) Program.
Who oversees childcare licensing in Montana?
Childcare licensing in Montana is regulated by the Montana Department of Public Health and Human Services (DPHHS), Early Childhood and Family Support Division (ECFSD) — Child Care Licensing (CCL) Program. You can find official licensing information at https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing/.
What happens if a Montana childcare center doesn't have a compliant handbook?
Non-compliance with Montana parent handbook requirements can result in: Establishing or maintaining a day-care facility without first obtaining a license or registration certificate is a misdemeanor, punishable upon conviction by a fine not to exceed $500 (52-2-741(1), MCA). The department may report the results of its investigation to the attorney general or the county attorney for prosecution and request that an injunction be issued against the facility until a license or certificate is issued (52-2-741(2), MCA). For licensed/registered providers the department applies progressive enforcement, including corrective action and denial, suspension, revocation, modification, or reduction to probationary status of a license or registration (ARM subchapter 37.96.11, Compliance and Enforcement, incl. ARM 37.96.1101 Complaints and Investigations and ARM 37.96.1116 Fair Hearing).
How often are Montana childcare centers inspected?
Montana childcare centers are subject to the following inspection schedule: The department must visit and inspect all licensed and registered child care facilities annually, except RCE providers, and may conduct unannounced inspections (FFN providers receive scheduled inspections) (ARM 37.96.118, Facilities Inspections; statutory basis 52-2-733, MCA, Periodic Visits to Facilities by Department). Before a provider may care for children the department conducts a pre-inspection, then issues a 90-day provisional license/registration during which it observes the facility while children are in care before removing provisional status and issuing a regular license/registration (ARM 37.96.111, Issuing a License or Registration). Annual State Fire Marshal and local public-health authority approvals are also required (ARM 37.96.602).
Detailed Montana Requirements
Go deeper on a single Montana licensing topic — each page covers the statute-cited specifics for that requirement.
Related Tools
Free tools to help your Montana childcare center stay compliant.
Staff-to-Child Ratio Calculator
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Open tool →Inspection Checklist
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