Mont. Admin. R. 37.96.102

Current through Register Vol. 10, May 24, 2024
Rule 37.96.102 - TYPES OF LICENSES AND REGISTRATION
(1) Montana has different types of child care licenses and registrations, which vary by the number of children in care, the care settings or facility type, and sometimes the ages of children in care. Providers have a choice in selecting their license or registration category based on the benefits and requirements associated with each type of care.
(a) Child care can be provided in child care centers, group child care facilities, family child care facilities, school-age care facilities, drop-in child care facilities, FFN providers, and RCE providers.
(b) Each rule in this child care licensing chapter describes the types of child care to which it applies.
(i) When the rule refers to "all licensed child care facilities," that includes child care centers, school-age care facilities if they choose to be licensed, and drop-in child care facilities if they choose to be licensed.
(ii) When the rule refers to "all licensed and registered child care facilities," that means licensed child care centers, licensed school-age care facilities, licensed drop-in care facilities, registered group child care providers, registered family child care providers, and registered FFN providers.
(iii) RCEs are only included when specifically referenced in the rule.
(2) Child care types are determined based on the following criteria:
(a) RCE providers provide care in a private residence either for a sibling group of any size or for no more than two children from separate households.
(b) FFN providers provide care in a private residence either for a sibling group of any size or for no more than six children from separate households.
(c) Family child care facilities provide care in a private residence or other structure for three to eight children on a regular basis.
(d) Group child care facilities provide care in a private residence or other structure for nine to 15 children on a regular basis.
(e) Child care centers provide care in an out-of-home setting for 16 or more children on a regular basis.
(f) School-age care facilities provide care on a regular basis only to school-age children and during out-of-school-time hours.
(g) Drop-in child care facilities provide care for children in an out-of-home setting on an unscheduled or on-demand basis while parents attend discrete activities, like meetings, appointments, or leisure activities.
(3) Any provider serving seven or more children on a regular basis must be licensed or registered.
(a) Child care centers must be licensed.
(i) Drop-in child care facilities and school-age care facilities have the option of being licensed.
(b) Group child care facilities serving nine to 15 children and family child care facilities serving seven or eight children must be registered.
(i) Providers serving three to six children have the option of registering as a family child care provider or as an FFN provider. Registration is required for providers who receive or wish to receive subsidy payments.
(ii) RCE and FFN providers have the option of being registered.

Mont. Admin. R. 37.96.102

NEW, 2024 MAR p. 738, Eff. 4/13/2024

AUTH: 52-2-704, MCA; IMP: 52-2-702, 52-2-703, 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-724, 52-2-731, 52-2-732, 52-2-733, MCA