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Daycare guide · checked October 2026

How to start a daycare in Montana

In Montana, opening a daycare means meeting the rules of the Montana Department of Public Health and Human Services (DPHHS), Early Childhood and Family Support Division, Child Care Licensing Program. This guide covers who needs a license, the rules your rooms and staff must meet and the steps to open, with links to the official rules. The Montana rules were checked in October 2026.

Who needs a daycare license in Montana

Any provider regularly caring for seven or more children must be licensed or registered. Child care centers (16 or more children in an out-of-home setting) must be licensed. Group homes (9-15 children) and family homes (7-8 children) must register (ARM 37.96.102).

Programs that may not need a license: School-age care facilities, which serve only school-age children during out-of-school time, and drop-in facilities may choose to be licensed but are not required to be (ARM 37.96.102(3)(a)(i)). DPHHS says before-school, after-school, drop-in and preschool programs do not need a license.

Licensing agency: Montana Department of Public Health and Human Services (DPHHS), Early Childhood and Family Support Division, Child Care Licensing Program

Sources: DPHHS Child Care Licensing; ARM 37.96.106 Child-to-Staff Ratios (Montana Secretary of State); ARM 37.96.102 Types of Licenses and Registration; DPHHS Become a Child Care Provider; DPHHS Child Care Rules and Regulations (ARM 37.96)

Staff-to-child ratios in Montana centers

AgesChildren per staff memberLargest group
3 years1:1020
4 years1:1020
5 years1:1020
School-age (6 and up)1:2040

Rule: ARM 37.96.106. Centers use a single 3-through-5-years band (10:1, group of 20) and 20:1 (group of 40) for age 6 and over. Licensed school-age care providers may use 20:1 (group of 40) for children 5 and over. In a mixed-age group, the youngest child sets the ratio. Group sizes may be exceeded at meals, outdoor play, rest and large assemblies. New rules effective May 1, 2025; they replace the old ARM 37.95.623.

Background checks

Directors, owners, teachers, substitutes, trainees, support staff, volunteers with unsupervised contact and adults living in the facility need satisfactory checks before working (ARM 37.96.1002). The checks are a Montana DOJ/FBI fingerprint check, the national (NCIC) and Montana sex offender registries, child protective services checks, and name-based criminal checks for Montana and every state lived in during the past five years. State checks are repeated every year and national checks every five years. We found no separate background check rule for youth camps.

Sources: ARM 37.96.1002 Fingerprint and Background Checks

Reporting child abuse

MCA 41-3-201 lists required reporters, including teachers and school employees, operators and employees of registered or licensed day-care and child-care facilities, health and mental health professionals, clergy, social workers, law enforcement, and employees of groups that contract with DPHHS to serve children. They must report promptly to DPHHS. Anyone else may report.

Child abuse hotline: 1-866-820-5437. In an emergency, call 911.

Sources: MCA 41-3-201; DPHHS Child and Family Services contacts (hotline); Child Welfare Information Gateway, Mandatory Reporting of Child Abuse and Neglect (current through May 2023)

Steps to open a daycare in Montana

1. Choose a daycare center or a home daycare

States license daycare centers and home daycares (often called family child care homes) under different rules, with different limits on how many children you can care for. Decide which one you're starting before anything else.

Montana's license types are described in Who needs a daycare license above. Learn what families near you need, too: your local Child Care Resource and Referral agency (CCR&R) can tell you which ages and hours are hard to find.

2. Contact DPHHS

Daycare licensing in Montana is handled by the Montana Department of Public Health and Human Services (DPHHS), Early Childhood and Family Support Division, Child Care Licensing Program. Contact it before you sign a lease or buy equipment, and ask, in writing if you can:

  • Which license type fits our plans, and how many children can it cover?
  • Is there an orientation or pre-licensing training, and when is the next one?
  • Which inspections and clearances do we need (licensing, fire, health and zoning)?
  • What does it cost to apply, and how long does approval usually take?
  • What do we need to do to accept families who use childcare assistance?

3. Choose a business structure

A daycare can run as a business (such as an LLC) or as a nonprofit, or under an existing nonprofit such as a church. Talk with an accountant or lawyer before you file anything, and get an employer identification number (EIN) from the IRS. It's free.

4. Find a space that can pass inspection

Check zoning before you sign a lease. Then ask the building department, the fire marshal and DPHHS what the space needs, including how much indoor and outdoor space per child Montana requires. Since December 28, 2012, cribs in daycares must meet federal Consumer Product Safety Commission standards.

5. Plan your rooms around the ratios

Montana's ratios for the ages it confirmed are in the table above. They decide how many staff each room needs, so they shape your whole budget. For infants and toddlers, ask DPHHS.

6. Hire staff and run background checks

Run the checks in Background checks for daycare staff above before anyone starts.

Federal rules also require comprehensive background checks for staff of every licensed, regulated or registered childcare provider and every provider that can take childcare assistance. Teach every staff member how to report suspected abuse or neglect (see Reporting child abuse above).

7. Get insured

Talk early to an insurance broker who works with childcare programs. Ask about general liability, abuse and molestation coverage, property coverage and workers' compensation, plus auto coverage if you'll transport children. A home daycare should tell its homeowner's or renter's insurer, since those policies may limit business use.

8. Build a budget and set tuition

Start with payroll (see step 5), then add rent, food, supplies and insurance. Compare your numbers with what other daycares near you charge, and set prices for the enrollment you expect, not a full room. Write down your deposit, late payment, late pickup and absence policies before you enroll anyone.

9. Add childcare assistance and the food program

Ask Montana's childcare assistance office how to become an approved provider for families who get help paying for care, and ask about the USDA Child and Adult Care Food Program (CACFP), which reimburses eligible daycares for meals and snacks. Programs that take childcare assistance must meet federal health and safety requirements, including background checks, training and inspections.

10. Prepare your enrollment forms and policies

Ask DPHHS which records you must keep for each child. Have your forms ready before you enroll anyone, and collect everything before a child's first day.

Medication in Montana. Staff may give medication only with the parent's written authorization, which must list the child's name, how long it applies, dosage amount and time, and the parent's signature. Medicine must be labeled, and prescription medicine kept in the original pharmacy-labeled container. All medicine is stored out of children's reach with child-protective caps, and expired medicine can't be used. Programs that give medication keep a log of the date, time and dose (ARM 37.96.502).

11. Fill your spots

Start enrolling before you open, so you aren't paying staff for empty rooms. Tell your CCR&R you're open, check your listing in the state's childcare search once you're licensed, offer tours and keep a waitlist for each age group.

12. Pass your inspections and open

For licensed programs that can take childcare assistance, federal rules require at least one inspection for health, safety and fire standards before licensing, then an unannounced inspection at least once a year. Schedule yours early, train staff on your policies, emergency plan, safe sleep, allergies, medication and pickup rules, and check every child's file before their first day.

Each step is covered in more depth, with examples and sources, in our national guide to starting a daycare.

What we couldn't confirm

Check these points with the state before you rely on them.

  • Some older DPHHS handouts still show the repealed ARM 37.95.623 ratios (for example 8:1 for ages 2-3 and 14:1 for age 5 and over). We used the current ARM 37.96.106, effective May 1, 2025.
  • The rules.mt.gov links load only in a full web browser (JavaScript required).

Other open points, including camps, are on the Montana rules page.

How BackPR helps

BackPR handles registration, enrollment and health forms, recurring tuition with autopay and check-in against each family's authorized pickup list. Families can register and fill in forms in English or Spanish, and parents get receipts and year-end dependent care statements. It's free for nonprofits, with no subscription and no BackPR fees. Payments run on Stripe, and Stripe's processing fees apply. Other programs get pricing by quote. More on BackPR for childcare.

We researched the Montana rules on this page in October 2026 using AI research tools (Claude, from Anthropic) that read official state rules and federal sources, and a member of our team checked our summaries against those sources. Rules change and have exceptions, so confirm with DPHHS before you rely on this page. This is general information, not legal advice. To report an error, email support@backpr.com.

FAQ

Starting a daycare in Montana: questions

Do I need a license to start a daycare in Montana?

Any provider regularly caring for seven or more children must be licensed or registered. Child care centers (16 or more children in an out-of-home setting) must be licensed. Group homes (9-15 children) and family homes (7-8 children) must register (ARM 37.96.102). Ask DPHHS which license type fits your plans.

Who licenses daycares in Montana?

The Montana Department of Public Health and Human Services (DPHHS), Early Childhood and Family Support Division, Child Care Licensing Program. Its website: https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing/

What are the daycare ratios in Montana?

In licensed centers (ARM 37.96.106): 3 years: 1 adult for every 10 children (groups of up to 20); 4 years: 1 adult for every 10 children (groups of up to 20); 5 years: 1 adult for every 10 children (groups of up to 20); School-age (6 and up): 1 adult for every 20 children (groups of up to 40).

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