1. (1) In accordance with Section 26B-2-404, an individual may become certified as a residential child care provider if they provide care:

   1. (a) for direct or indirect compensation;
   2. (b) for each child for less than 24 hours a day;
   3. (c) for eight or fewer qualifying children or up to ten children including the provider's own children in accordance with Subsection 26B-2-405(1)(b)(i);
   4. (d) for four or more hours a day;
   5. (e) in the absence of the child's parent;
   6. (f) in the provider's home; and
   7. (g) on a regularly scheduled, ongoing basis.
2. (2) An individual shall become licensed by OL as a child care provider in accordance with Rule R430-90 when the number of unrelated children in care is nine or more.

3. (3)(a) A person who is not required to become certified may voluntarily become certified, except for care that is for related children only or on a sporadic basis.

   1. (b) A person who is not required to become certified as a residential child care provider, but provides child care services listed in Subsection R430-50-3(1) shall:

      1. (i) care for no more than two children under the age of three; and
      2. (ii) register with OL to facilitate a background check in accordance with Sections R430-50-8 and 26B-2-405.

KEY: child care facilities, residential certification

Date of Last Change: June 5, 2026

Notice of Continuation: June 17, 2025

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