1. (1) The provider shall maintain the staff-to-child ratio of at least one staff member for every 20 children.
2. (2) The provider may not exceed the maximum group size of 40 children per group.
3. (3) The provider shall ensure that there are at least two staff members present when there are more than eight children on the premises.

4. (4) The provider shall include any child of the provider or an employee:

   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 staff-to-child ratio when the parent of the child is not working at the facility.

5. (5) The provider may include the following in the staff-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 or 17 years old.
6. (6) The provider shall ensure that any guest does not count in caregiver-to-child ratios.

KEY: child care facilities, child care, child care centers, out of school time child care programs

Date of Last Change: June 5, 2026

Notice of Continuation: April 14, 2020

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