1. (1) As listed in Table 1 for a single-age group of children, the provider shall:

   1. (a) maintain at least the number of required caregivers;
   2. (b) not exceed the maximum group sizes; and

   3. (c) not exceed the number of children in the caregiver-to-child ratio.

      TABLE 1Age GroupCaregiver-to-Child RatioMaximum Group Size0-11 months - infant1:4812-17 months - younger toddler1:4818-23 months - older toddler1:5102 years - twos1:8163 years - threes1:12244 years - fours1:15305 years and older - school-age1:2040

2. (2) For a mixed-age group of children, the provider shall:

   1. (a) maintain at least the number of required caregivers;
   2. (b) not exceed the number of children in the caregiver-to-child ratio;
   3. (c) not exceed the maximum group sizes; and
   4. (d) separate any single-age group that reaches their maximum group size.

3. (3) For a mixed-age group of children including any infant and toddler, the provider shall ensure that:

   1. (a) an infant is only mixed with a toddler if:

      1. (i) the group has eight or fewer children;
      2. (ii) there are no more than three children younger than two years old in the group with one caregiver; and
      3. (iii) there are at least two caregivers with the group if more than two children who are younger than 18 months old are present and the group has more than four children;

   2. (b) if an older toddler and a two-year-old child are mixed, the provider shall ensure:

      1. (i) there is at least one caregiver for up to seven children; and
      2. (ii) there are at least two caregivers for eight and up to 14 children in the group; and

   3. (c) an older toddler and an older child may only be mixed, except when only mixed with a two-year-old child, when:

      1. (i) the group has eight or fewer children;
      2. (ii) there are no more than three older toddlers in the group; and
      3. (iii) there are at least two caregivers with the group if more than three younger toddlers are present and the group has more than five children.

4. (4) For a mixed-age group of children, not including any infant and toddler, the provider shall ensure that:

   1. (a) the caregiver-to-child ratio is determined by the age of the oldest child present in the group minus one child of that age group; and
   2. (b) the maximum group size is determined by the age of the oldest child present in the group, minus two children of that same age group.

5. (5) During nap time, the provider shall ensure that the caregiver-to-child ratio is doubled only if:

   1. (a) each child in the group is at least 18 months old;
   2. (b) each child in the group is in a restful and nonactive state; and
   3. (c) the caregiver supervising the napping children can contact another on-site caregiver without leaving the children unattended.
6. (6) The provider shall ensure that there are at least two caregivers present when there is only one group of children on the premises and that group has more than eight children, or more than two infants or toddlers.

7. (7) The provider shall include the provider's and employee's own child age four years old or older in care:

   1. (a) in the group size when the parent of the child is working at the facility; and
   2. (b) in the group size and the caregiver-to-child ratio when the parent of the child is not working at the facility.

8. (8) The provider may include in the caregiver-to-child ratio any:

   1. (a) caregiver;
   2. (b) student intern who is registered in a high school or college child care course; and
   3. (c) volunteer who is 16 years old or older.
9. (9) The provider shall ensure that any guest does not count in caregiver-to-child ratios.

10. (10) OL may exempt a center from maximum group sizes if:

    1. (a) the center has been constructed, licensed, and continuously operated since January 1, 2004;
    2. (b) the caregiver-to-child ratio is maintained; and
    3. (c) the required square footage for each group of children is maintained.

KEY: child care facilities, child care, child care centers

Date of Last Change: May 21, 2025

Notice of Continuation: April 14, 2020

Authorizing, and Implemented or Interpreted Law: 26B-2-402