Montana Childcare Licensing
Montana Childcare Licensing Requirements (2026)
Montana childcare licensing is administered by the Montana Department of Public Health and Human Services (DPHHS), Early Childhood and Family Support Division (ECFSD) — Child Care Licensing (CCL) Program. A licensed Montana center must maintain a parent handbook covering 13 state-mandated policy areas, each tied to a specific administrative-code citation. 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).
Last updated: April 2026
Researched by the TotReady Research TeamMontana Licensing Requirements: The Specifics
Montana childcare centers must include a written Hours of Operation section in the parent handbook (Days and hours the facility is open; holiday closures; late pick-up policy.) 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).
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)
Montana childcare centers must include a written Behavior Guidance and Discipline Policy section in the parent handbook (Positive guidance techniques used; prohibited discipline methods; progressive steps.) per Mont. Admin. R. (ARM) 37.96.206 (Positive Child Guidance).
Mont. Admin. R. (ARM) 37.96.206 (Positive Child Guidance)
Montana childcare centers must include a written Illness and Exclusion Policy section in the parent handbook (Symptoms requiring exclusion; readmission criteria; communicable disease procedures.) per Mont. Admin. R. (ARM) 37.96.505 (Management of Illness).
Mont. Admin. R. (ARM) 37.96.505 (Management of Illness)
Montana childcare centers must include a written Medication Administration Policy section in the parent handbook (Procedures for administering prescription and non-prescription medications; authorization requirements.) per Mont. Admin. R. (ARM) 37.96.502 (Medication Administration); see also ARM 37.96.303(1)(f) (required written medication administration policy).
Mont. Admin. R. (ARM) 37.96.502 (Medication Administration); see also ARM 37.96.303(1)(f) (required written medication administration policy)
Montana childcare centers must include a written Emergency Procedures section in the parent handbook (Fire, severe weather, lockdown, and medical emergency procedures; evacuation routes.) per 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).
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)
Montana childcare centers must include a written Arrival and Departure Procedures section in the parent handbook (Sign-in/sign-out requirements; authorized pick-up persons; late pick-up fees.) per 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).
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)
Montana Licensing Requirements at a Glance
| Hours of Operation | 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) |
|---|---|
| Behavior Guidance and Discipline Policy | Mont. Admin. R. (ARM) 37.96.206 (Positive Child Guidance) |
| Illness and Exclusion Policy | Mont. Admin. R. (ARM) 37.96.505 (Management of Illness) |
| Medication Administration Policy | Mont. Admin. R. (ARM) 37.96.502 (Medication Administration); see also ARM 37.96.303(1)(f) (required written medication administration policy) |
| Emergency Procedures | 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) |
| Arrival and Departure Procedures | 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) |
| Nutrition and Meals 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) |
| Parent Communication Policy | Mont. Admin. R. (ARM) 37.96.312 (Family Access to Information) |
| Grievance and Complaint Procedure | 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) |
| Child Abuse and Neglect Reporting | 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) |
| Enrollment, Fees, and Payment 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 |
| Health and Safety 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) |
| Nondiscrimination Policy | 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) |
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Montana Licensing Requirements: Frequently Asked Questions
Which agency regulates 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. Official licensing information is published at https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing/.
How many handbook policy sections does Montana require?
Montana requires at least 13 mandatory policy sections in a licensed center's parent handbook, each backed by a specific state regulatory citation.
How often does Montana inspect licensed childcare centers?
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).
What happens if a Montana center is out of 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).
Montana childcare licensing rules are amended regularly. This page is compiled from published Montana administrative codes and statutes for informational purposes only — always verify current requirements with the Montana Department of Public Health and Human Services (DPHHS), Early Childhood and Family Support Division (ECFSD) — Child Care Licensing (CCL) Program before relying on them. TotReady provides information and document templates, not legal or regulatory advice.