Montana Childcare License Exemption Threshold (2026)

Under 2023 House Bill 556, a person may care for up to six children in a private residence without a license or registration, unless the person participates in the Best Beginnings Child Care Scholarship or another public subsidy program (HB 556, 2023

or legal guardianship is exempt unless registration or licensure is required to receive state payments (5

confirmed by Montana Free Press, June 14, 2023, and Whitefish Pilot, June 21, 2023).

or legal guardianship is exempt unless registration or licensure is required to receive state payments (5

Separately, the statutory definition still requires a "family day-care home" (registration) for care of three to eight unrelated children on a regular basis (52-2-703, MCA), a "group day-care home" for 9 to 15 children, and a licensed "day-care center" for 16 or more

52-2-703, MCA

care limited to children related to the provider by blood, marriage, or legal guardianship is exempt unless registration or licensure is required to receive state payments (52-2-703 and 52-2-713, MCA).

or legal guardianship is exempt unless registration or licensure is required to receive state payments (5

Note: HB 556 created a licensing/registration exemption rather than changing the three-to-eight child count in the 52-2-703 family day-care home definition itself.

or legal guardianship is exempt unless registration or licensure is required to receive state payments (5

A family day-care home is a private residence in which day care is provided to three to eight children on a regular basis (52-2-703, MCA).

52-2-703, MCA

Except for approved overlap care, at least two caregivers are required at all times when more than eight children are present at the home (ARM 37.95.702(1)), and no more than three children under age two are allowed in a family day-care home at any time unless care is provided exclusively to children under two, in which case no more than four children under age two may be present (ARM 37.95.702(2)-(3)).

ARM 37.95.702(2)-(3)

How many children can I care for in Montana without a license?

Under 2023 House Bill 556, a person may care for up to six children in a private residence without a license or registration, unless the person participates in the Best Beginnings Child Care Scholarship or another public subsidy program (HB 556, 2023; confirmed by Montana Free Press, June 14, 2023, and Whitefish Pilot, June 21, 2023). Separately, the statutory definition still requires a "family day-care home" (registration) for care of three to eight unrelated children on a regular basis (52-2-703, MCA), a "group day-care home" for 9 to 15 children, and a licensed "day-care center" for 16 or more; care limited to children related to the provider by blood, marriage, or legal guardianship is exempt unless registration or licensure is required to receive state payments (52-2-703 and 52-2-713, MCA). Note: HB 556 created a licensing/registration exemption rather than changing the three-to-eight child count in the 52-2-703 family day-care home definition itself.

What is the penalty for operating unlicensed in Montana?

Operating above the Montana exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Montana Department of Public Health and Human Services (DPHHS), Early Childhood and Family Support Division (ECFSD) — Child Care Licensing (CCL) Program about the correct credential before you begin.

Does Montana offer a voluntary registration for small providers?

Some states let providers below the exemption threshold register voluntarily. Confirm whether Montana offers a voluntary registry with the Montana Department of Public Health and Human Services (DPHHS), Early Childhood and Family Support Division (ECFSD) — Child Care Licensing (CCL) Program.