Home Daycare Check.

Montana rulebook · checked October 2026

Watching Kids at Home in Montana: How Many Before You Need a License?

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.

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The Montana line, in facts

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)).

The categories above the line

CategoryCapacityWhat it means
Family Child Care Facility (registered)up to 8A 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 159 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.

What comes with the license

What catches people in Montana

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.

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