(1) Except as provided in Section 26B-2-405, and subject to Subsection (2), a person shall obtain a license from the department if:

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Terms Used In Utah Code 26B-2-403

  • Capacity limit: means the maximum number of qualifying children that a regulated provider may care for at any given time, in accordance with rules made by the department. See Utah Code 26B-2-401
  • Center based child care: means child care provided in a facility or program that is not the home of the provider. See Utah Code 26B-2-401
  • Certified provider: means a person who holds a certificate from the department under Section 26B-2-404. See Utah Code 26B-2-401
  • Child care: means continuous care and supervision of a qualifying child, that is:
         (4)(a) in lieu of care ordinarily provided by a parent in the parent's home;
         (4)(b) for less than 24 hours a day; and
         (4)(c) for direct or indirect compensation. See Utah Code 26B-2-401
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
     (1)(a) the person provides center based child care for five or more qualifying children;
     (1)(b) the person provides residential child care for nine or more qualifying children; or
     (1)(c) the person:

          (1)(c)(i) provides child care;
          (1)(c)(ii) is not required to obtain a license under Subsection (1)(a) or (b); and
          (1)(c)(iii) requests to be licensed.
(2) Notwithstanding Subsection (1), a certified provider may, in accordance with rules made by the department under Subsection 26B-2-402(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:

     (3)(a) this part; and
     (3)(b) the department’s rules governing child care programs.
(4) A license issued under this part is not assignable or transferable.

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