1. (1) OL may limit the maximum allowed capacity for a child care facility based on local ordinances.
2. (2) The provider shall ensure that the number of children in care at any given time does not exceed the capacity identified on the license.
3. (3) OL may determine the total capacity based on the number of rooms and the ages of any child cared for in those rooms.

4. (4) 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; and

   2. (b) not exceed the number of children in the caregiver-to-child ratio per room.

      TABLE 1Caregiver-to-Child RatiosNumber of CaregiversAges of ChildrenNumber of ChildrenAt least 12 years old8

      At least 13 years old12At least 14 years old15At least 15 years old20

5. (5) As listed in Tables 2 through 4 for a mixed-age group of children, the provider shall:

   1. (a) maintain at least the number of required caregivers; and

   2. (b) not exceed the number of children in the caregiver-to-child ratio per room.

      TABLE 2Two-to-Five-Year-OldsNumber of Caregivers RequiredAges of ChildrenNumber of Children Present2 years old1-7At least 13, 4, and 5 years old1-10Maximum Total of Children in the Room: 11

      TABLE 3Three-to-Five-Year-OldsNumber of Caregivers RequiredAges of ChildrenNumber of Children Present3 years old1-114 years old1-14At least 15 years old1-14Maximum Total of Children in the Room: 16

      TABLE 4Four-to-Five-Year-OldsNumber of Caregivers RequiredAges of ChildrenNumber of Children Present4 years old1-14At least 15 years old1-17Maximum Total of Children in the Room: 18

6. (6) The provider may exclude the provider's or an employee's own child, age four years or older, from the caregiver-to-child ratio when the parent of the child is working at the facility.

7. (7) 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.

KEY: child care facilities, child care, commercial preschool programs

Date of Last Change: May 8, 2025

Notice of Continuation: June 17, 2025

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