Montana rulebook · checked October 2026
In Montana, you may watch up to 6 counted children before a license is required — and Montana counts your own children (under 6) in that number.
Licensing agency: Montana Department of Public Health and Human Services (DPHHS) — Child Care Licensing Program
The line: In Montana, you may watch up to 6 counted children before a license is required — and Montana counts your own children (under 6) in that number.
Your own children: counted — Montana includes your own children (under 6) in the numbers that decide your category.
Even below the line: The exemption dies the moment subsidy money arrives: a provider receiving Best Beginnings scholarship payments must register (as a Family home, a Family Friend & Neighbor provider, or Relative Care Exempt for payment purposes) — the 6-or-fewer door is for private-pay care only (MCA 52-2-721(7)).
| Category | Capacity | What it means |
|---|---|---|
| Family Child Care Facility (registered) | up to 8 | A private residence caring for 3 to 8 children on a regular basis. The count includes all children present during care hours including your own children under 6 (ARM 37.95.105). |
| Group Child Care Facility (registered) | up to 15 | 9 to 15 children, with at least 2 caregivers whenever more than 8 children are present (MCA 52-2-737). At 16 or more children the program is a licensed child care center. |
Rules checked October 2026 · Sources: MCA 52-2-721(7) (six-or-fewer, no-subsidy exemption — HB 556, 2023); 52-2-721(4) (no fees); MCA 52-2-703 (family 3–8; group 9–15); MCA 52-2-737 (two caregivers above 8); ARM 37.95.105 (who counts: own children under 6 in, own 6+ in full-time school out). This page reads the published rules; it is not legal advice, and the Montana Department of Public Health and Human Services (DPHHS) — Child Care Licensing Program is the final word.