Child Care Licensing in Utah: License Types, Fees, and Ratios

Child care licensing in Utah is handled by the Division of Licensing and Background Checks (DLBC), part of the Department of Health and Human Services. You need a license once you care for five or more qualifying children in a center setting, or nine or more in your own home.¹ From there, the rules reach into staff ages, background checks, caregiver-to-child ratios, square footage, fencing, and food handling, and the state backs them with civil money penalties that run from $100 to $10,000.²

Who Needs a License

Two thresholds in Utah Code 26B-2-403 decide whether you’re in the licensing system. A center-based program (any non-residential facility) crosses the line at five qualifying children at a time. A residential program run out of your home crosses the line at nine.¹ A “qualifying child” is generally any child under 13, or under 18 with a disability, who isn’t your own; your own children under four do count toward capacity at licensed programs.³ If you’re under the threshold, you can still ask for a license or certificate voluntarily.

Some care doesn’t require a license, certificate, or any exemption filing at all:⁴

Care provided no more than two days per calendar week.
Care in the provider’s home for fewer than four hours a day, or for fewer than seven unrelated children at a time.
Care offered on an irregular, non-recurring basis.
Programs owned or operated by a U.S. government agency.
Facilities already licensed under other parts of Utah law, including health care and residential support programs.

The Six License Types

Pick your category before you apply. Utah offers six, each with its own rules under Title R381 of the administrative code:⁵

Residential certificate — home-based care for ages 0 through 12.
Licensed family — also home-based, ages 0 through 12, for capacities above the certificate threshold.
Commercial preschool — a center-based license limited to ages 2 through 5.
Hourly child care — center-based drop-in care rather than full-day enrollment.
Out-of-school-time — programs for school-age children before or after school, or during breaks.
Child care center — the standard center-based license for full-day programs.

Every license is good for up to 24 months, and none of them can be transferred to another person or another location.¹

How to Apply

Applications go through the DLBC provider portal at provider.dlbc.utah.gov. Before starting, read the general child care rules and the specific rules for your license type on the DLBC rules page.⁶ You’ll be asked for:⁵

Your Federal Tax ID or Social Security number.
Proof of business entity status, such as articles of incorporation or a business license.
A detailed floor plan showing the layout, exits, and designated care areas.
An emergency disaster plan covering fires, floods, and other urgent scenarios.
A current fire clearance from your local fire authority, or a written statement that a fire inspection isn’t required.

Background screenings for every staff member who will have contact with children have to be initiated through the Office of Background Processing. No license is issued until every person clears.⁷ Once your application is submitted, a licensor is assigned and will schedule an on-site inspection to verify that the facility meets physical and safety standards. Any problems have to be corrected before the license issues.

Fees

Fees are paid during the application process and vary by license type. Published ranges include:⁵

Residential certificate: $525 to $675.
Licensed family: $640 to $850.
Commercial preschool: $385 to $495.

Fees for child care centers, hourly programs, and out-of-school-time programs are posted on the DLBC applications page. Outstanding fees must be paid before any license or renewal is issued.⁸ Build in money for fingerprinting, CPR and first aid courses, and liability insurance before opening.

Staff Requirements

Age Minimums

Three different ages apply, depending on the role:⁹

Director: at least 21.
Director designee (fills in when the director is away): at least 18.
Caregivers: at least 16.

The director or director designee has to be present during all business hours, so a 16-year-old caregiver is never the senior person on site.

Background Checks

Everyone with contact with children in a licensed program clears a background check through the Office of Background Processing before beginning work. That covers directors, caregivers, volunteers, drivers, cooks, and clerks. In residential settings, household members 12 and older also have to clear.⁷

Fingerprinting is required for anyone 18 or older who hasn’t previously submitted prints to OBP through the FBI’s Next Generation Identification system. Workers 16 and 17 also need prints unless they’re listed solely as household members. Already-on-file prints need to be resubmitted if you’ve lived outside Utah since your last submission, or if you haven’t been associated with a Utah child care facility for more than 180 days. If OBP finds you ineligible, you have 15 days to appeal; without an appeal or after an unsuccessful one, you can’t resubmit for two years.⁷

CPR, First Aid, and Food Handling

At least one person on site must hold current CPR and first aid certifications at all times, and the administrative code places that requirement on the director designee specifically.⁹ If food is served, any staff member who prepares meals needs a current food handler’s permit on site for inspection.¹⁰

Staff-to-Child Ratios

Ratios are among the most-cited violations, and penalties are assessed per child over the limit. For child care centers:¹¹

Infants (0–11 months): 1:4, maximum group of 8.
Younger toddlers (12–17 months): 1:4, maximum group of 8.
Older toddlers (18–23 months): 1:5, maximum group of 10.
Two-year-olds: 1:8, maximum group of 16.
Three-year-olds: 1:12, maximum group of 24.
Four-year-olds: 1:15, maximum group of 30.
School-age (5–12): 1:20, maximum group of 40.

Mixed-age groups tighten the ratio; the DLBC publishes the specific combinations.¹² Going over ratio even briefly is a violation.

Facility Standards

Indoor space has to give each child at least 35 usable square feet. The calculation excludes bathrooms, closets, hallways, kitchens, lobbies, and staff offices, though furniture and equipment children use counts.¹³

Outdoor play areas need at least 40 square feet per child using the area at a given time. The outdoor space must be enclosed by a fence, wall, or natural barrier at least four feet high, with no gaps of five by five inches or larger in or under it. Shade must be available to protect children from excessive sun and heat. Any accessible raised deck or balcony five feet or higher off the ground needs a protective barrier at least three feet tall.¹³

Smoke detectors and fire extinguishers have to be functional and accessible. All hazardous materials, including cleaning supplies, must be stored in locked areas out of children’s reach. The facility needs a working phone for emergencies and access to clean drinking water. On playgrounds, licensors look at surfacing conditions during inspections; the U.S. Consumer Product Safety Commission’s Public Playground Safety Handbook recommends impact-absorbing surfaces like wood mulch, pea gravel, sand, or rubber mats meeting ASTM F1292 rather than concrete or asphalt, and unsafe surfacing can draw a high-risk citation.¹⁴

Inspections and Renewal

Inspections continue through the life of the license. Between 30 and 90 days before your license expires, the assigned licensor will reach out to schedule an announced renewal inspection. Renewal itself is submitted through the provider portal with a current fire clearance, and all fees have to be paid before the renewal is approved.⁵ Because no license lasts longer than 24 months, missing the deadline means operating without a valid license.

What Violations Cost

Utah uses a progressive enforcement system:²

Technical assistance for first-time low or moderate violations in the prior 36 months — guidance in place of a formal citation.
Warning for low-risk noncompliance, documented internally but not on the provider’s public record.
Citation for moderate-risk or repeat violations, which stays on the public record for 36 months.
Civil money penalty when a cited violation recurs: $100 per rule for low-risk, $200 per rule for high-risk, and per child over the limit for ratio and supervision violations.

Some extreme-risk violations trigger immediate penalties. A child leaving the facility unsupervised, an unlocked firearm on the premises, or a person with a failed background check being present each carry an immediate $500 CMP. If noncompliance results in serious harm to a child, the penalty rises to $1,500. If a child dies as a result of a rule violation, the CMP is $10,000. Repeat offenses within a rolling 36-month window double the original penalty, capped at $10,000 per violation. All CMPs are due within 30 calendar days.²

ADA Obligations on Top of State Licensing

Federal law sits on top of your Utah license. Under Title III of the Americans with Disabilities Act, privately run child care programs, including home-based ones, are public accommodations and can’t refuse to enroll a child solely because that child has a disability. Programs run by religious organizations are exempt.¹⁵

Providers have to make reasonable modifications so children with disabilities can participate — adjusting a toilet-training policy, training staff to support a child with behavioral needs, or letting trained staff give medication such as insulin. Blanket exclusion policies are illegal, and every enrollment decision has to rest on an individualized assessment, not a diagnosis.¹⁶ The exceptions are narrow: you can decline enrollment if the child’s presence would pose a direct threat to the health or safety of others that reasonable modifications can’t reduce, or if the needed modifications would fundamentally alter the program. Existing facilities also have to remove physical accessibility barriers when doing so is readily achievable.

Meal Reimbursement Through CACFP

Once licensed, you can enroll in the Child and Adult Care Food Program, a USDA-funded program that reimburses providers for meals and snacks served to children in care.¹⁷ Eligible participants include licensed child care centers, family day care homes, Head Start programs, and before- and after-school programs.¹⁸ Reimbursement rates are updated each July and published by the USDA Food and Nutrition Service.¹⁹ In Utah, the Child Nutrition Program office at the Utah State Board of Education administers CACFP.

1
Utah Legislature. Utah Code 26B-2-403
2
Utah DHHS. Office of Licensing Guidelines for Corrective Actions and Civil Money Penalties
3
Utah Legislature. Utah Code 26B-2-401
4
Legal Information Institute. Utah Admin Code R430-8-3
5
Utah DHHS. Child Care Applications
6
Utah DHHS. Child Care Licensing Rules and License Types
7
Utah DHHS. Child Care Background Checks
8
Utah DHHS. Make a Payment
9
Legal Information Institute. Utah Admin Code R381-60-7
10
Utah Office of Administrative Rules. Utah Admin Code R381-100
11
Legal Information Institute. Utah Admin Code R381-100-10
12
Utah DHHS. Ratios and Group Size – Child Care Centers, February 2026
13
Legal Information Institute. Utah Admin Code R381-100-9
14
U.S. Consumer Product Safety Commission. Public Playground Safety Handbook
15
ADA.gov. Commonly Asked Questions About Child Care Centers and the ADA
16
ADA.gov. Equal Access to Child Care
17
Food and Nutrition Service. Child and Adult Care Food Program
18
Utah State Board of Education. Child and Adult Care Food Program (CACFP)
19
Food and Nutrition Service. CACFP Reimbursement Rates