1. (1) The provider shall maintain at least:

   1. (a) one caregiver for up to eight children in care; and
   2. (b) two caregivers for nine to 16 children in care.

2. (2) 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.

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

   1. (a) there is at least one caregiver for every three children younger than two years old;
   2. (b) each caregiver cares for no more than two children younger than 18 months old; and
   3. (c) there are at least two caregivers if more than three children younger than two years old are present and there are more than six children in care.

4. (4) The provider may not exceed the group sizes found in Table 1 and Table 2.

   TABLE 1Maximum Group Size With One CaregiverNumber of provider's and caregiver's own children ages 4-12 years present during child care hours Maximum allowed number of children in care, including the provider's and caregivers' own children younger than 4 years oldTotal number of children present in the home during child care hours0-4 children8 children12 children5 children7 children12 children6 children6 children12 children7 children5 children12 children8 children4 children12 children9 children3 children12 children10 children2 children12 children11 children1 child12 children

   TABLE 2Maximum Group Size With Two CaregiversNumber of provider's and caregiver's own children ages 4-12 years present during child care hours Maximum allowed number of children in care, including the provider's and caregivers' own children younger than 4 years oldTotal number of children present in the home during child care hours0-8 children16 children24 children9 children15 children24 children10 children14 children24 children11 children13 children24 children12 children12 children24 children13 children11 children24 children14 children10 children24 children15 children9 children24 children16 children8 children24 children17 children7 children24 children18 children6 children24 children19 children5 children24 children20 children4 children24 children21 children3 children24 children22 children2 children24 children23 children1 child24 children

5. (5) The provider may include caregivers and volunteers who are 16 or 17 years old in the caregiver-to-child ratio.
6. (6) The provider shall ensure that guests do not count in caregiver-to-child ratio.

KEY: child care facilities, licensed family child care

Date of Last Change: June 5, 2026

Notice of Continuation: June 17, 2025

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