DETERMINATION OF NEED FOR LICENSE OR REGISTRATION: COUNTING PROVIDER'S OWN CHILDREN
(1) The department shall, upon request or as its own action, make an initial count of children to determine whether an applicant or a provider is required to obtain a license or registration from the department.
(2) Children of the provider's own household or children who are present in the home or facility only when their own parent is also present shall not be counted in determining whether supplemental parental care is being provided to other children.
(3) If the initial count determines that supplemental parental care is being provided to three or more children, not counting those listed in (2), the provider shall be licensed or registered as a day care facility.
37.95.105 DETERMINATION OF NUMBER OF CHILDREN UNDER CARE: COUNTING PROVIDER'S AND
OTHER CHILDREN
(1) The department shall make a separate count of children, apart from the initial licensure or registration determination count, to determine the type of license or registration required. The licensure or registration type count shall not include the provider's own children age six or over who attend school full time. The licensure or registration type count shall include all children, including the provider's own children under age six, who are present during hours when supplemental parental care is provided.
(2) The licensure or registration count shall determine:
(a) whether the provider must be registered as a family day care home or group day care home, or licensed as a day care center;
(b) whether the day care facility is in compliance with applicable staff to child ratios;
(c) whether sufficient space is provided; and
(d) whether any other safety, health or program requirements or registration or licensure restriction requiring counting of children is affected or violated.
37.95.106 CHILD CARE FACILITIES, REGISTRATION, OR LICENSING
(1) Any individual, agency, or group may apply for a license to operate a child care center, or may apply for a registration certificate to operate a family child care facility or a group child care facility. Applications may be obtained from the Department of Public Health and Human Services, Quality Assurance Division, Licensure Bureau, P.O. Box 202953, 2401 Colonial Drive, Helena, MT 59620-2953.
(2) Applications for a license or registration certificate by Indians residing on Indian reservations must follow the requirements of 52-2-722, MCA.
(3) Before a regular child care center license may be granted, the applicant must have the following:
(a) an annual approved inspection report from the state fire marshal or the fire marshal's official designee indicating the fire safety rules have been met;
(b) an annual approved inspection report from public health authorities certifying the satisfactory completion of training or a certificate of approval following inspection by local health authorities in accordance with ARM;
(c) proof of current fire and liability insurance coverage for the child care center
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