Section 401 – Licensure requirements — Expiration — Renewal.

• (1) Except as provided in Section 26-39-403, and subject to Subsection (2), a person shall obtain a license from the department if:
  • (a) the person provides center based child care for five or more qualifying children;
  • (b) the person provides residential child care for nine or more qualifying children; or
  • (c) the person:
    • (i) provides child care;
    • (ii) is not required to obtain a license under Subsection (1)(a) or (b); and
    • (iii) requests to be licensed.

• (2) Notwithstanding Subsection (1), a certified provider may, in accordance with rules made by the department under Subsection 26-39-301(3), exceed the certified provider’s capacity limit to provide after school child care without obtaining a license from the department.

• (3) The department may issue licenses for a period not exceeding 24 months to child care providers who meet the requirements of:
  • (a) this chapter; and
  • (b) the department’s rules governing child care programs.

• (4) A license issued under this chapter is not assignable or transferable.

Amended by Chapter 21, 2022 General Session