1. (1) As listed in Table 1 for any 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 1Caregiver-to-Child RatiosNumber of CaregiversNumber of ChildrenLimits for Mixed Ages14 per groupNo more than 4 children younger than 2 years old112 per groupNo children younger than 2 years old18 per group2 children younger than 2 years old16 in the facility3 children younger than 2 years old224 per groupNo children younger than 2 years old216 per group4 Children younger than 2 years old

2. (2) The provider shall ensure that there are at least two caregivers with a mixed-age group if:

   1. (a) the group has more than six children total;
   2. (b) there are more than six children in the facility; and
   3. (c) there are more than two infants or toddlers included in the mixed-age group.

3. (3) When caring for children younger than two years old, the provider shall ensure that:

   1. (a) children are cared for in an area that is physically separated from older children;
   2. (b) there are no more than four children with one caregiver.

4. (4) If there is only one caregiver in the facility and no children younger than two years old are present, the provider can be temporarily out of ratio if:

   1. (a) a second caregiver arrives within 20 minutes from when the 13th child arrived; and
   2. (b) the total number of children present does not exceed 16.

5. (5) The provider shall include the provider's and employees' children age four years old or older in care:

   1. (a) in the group size and the caregiver-to-child ratio when the parent of the child is not working at the facility; and
   2. (b) in the group size when the parent of the child is working at the facility.
6. (6) The provider may include each caregiver, student intern who is registered in a high school or college child care course, and volunteer who is 16 or 17 years old in the caregiver-to-child ratio.
7. (7) The provider shall ensure that a guest does not count in a caregiver-to-child ratio.

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

Date of Last Change: May 8, 2025

Notice of Continuation: April 14, 2020

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