Utah Childcare Licensing
Utah Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in Utah, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. In Utah, residential (in-home) child care for eight or fewer qualifying children is exempt from licensing (and may instead seek a Residential Child Care Certificate), while a Licensed Family Child Care license is required once a person provides residential child care for nine or more unrelated children; center-based child care requires a license at five or more children; care for less than four hours a day or on a sporadic basis is also exempt, and an unlicensed/uncertified in-home provider may never exceed 10 children total or more than two children under three years old (Utah Code 26B-2-403, 26B-2-404, 26B-2-405; Utah Admin. Code R430-90-3).
Last updated: April 2026
Researched by the TotReady Research TeamUtah License Exemption Threshold: The Specifics
In Utah, residential (in-home) child care for eight or fewer qualifying children is exempt from licensing (and may instead seek a Residential Child Care Certificate), while a Licensed Family Child Care license is required once a person provides residential child care for nine or more unrelated children
and may instead seek a Residential Child Care Certificate
center-based child care requires a license at five or more children
Utah Code 26B-2-403, 26B-2-404, 26B-2-405
care for less than four hours a day or on a sporadic basis is also exempt, and an unlicensed/uncertified in-home provider may never exceed 10 children total or more than two children under three years old (Utah Code 26B-2-403, 26B-2-404, 26B-2-405
may never exceed 10 children total or more than two children under three years old (Utah Code 2
A Utah Licensed Family Child Care home may serve up to 8 children in care with one caregiver and 9 to 16 children with two caregivers (maximum capacity 16)
maximum capacity 16
when caring for children younger than two, there must be at least one caregiver for every three children younger than two, each caregiver may care for no more than two children younger than 18 months, and at least two caregivers are required if more than three children younger than two are present and more than six children are in care (Utah Admin. Code R430-90-10).
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Utah License Exemption Threshold: Frequently Asked Questions
How many children can I care for in Utah without a license?
In Utah, residential (in-home) child care for eight or fewer qualifying children is exempt from licensing (and may instead seek a Residential Child Care Certificate), while a Licensed Family Child Care license is required once a person provides residential child care for nine or more unrelated children; center-based child care requires a license at five or more children; care for less than four hours a day or on a sporadic basis is also exempt, and an unlicensed/uncertified in-home provider may never exceed 10 children total or more than two children under three years old (Utah Code 26B-2-403, 26B-2-404, 26B-2-405; Utah Admin. Code R430-90-3).
What is the penalty for operating unlicensed in Utah?
Operating above the Utah exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Utah Department of Health and Human Services (DHHS), Division of Licensing and Background Checks (DLBC), Office of Licensing — Child Care Licensing about the correct credential before you begin.
Does Utah offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether Utah offers a voluntary registry with the Utah Department of Health and Human Services (DHHS), Division of Licensing and Background Checks (DLBC), Office of Licensing — Child Care Licensing.
Utah childcare licensing rules are amended regularly. This page is compiled from published Utah administrative codes and statutes for informational purposes only — always verify current requirements with the Utah Department of Health and Human Services (DHHS), Division of Licensing and Background Checks (DLBC), Office of Licensing — Child Care Licensing before relying on them. TotReady provides information and document templates, not legal or regulatory advice.