Section R381-40-10 - Capacity and Ratio(1) The department may limit the maximum allowed capacity for a child care facility based on local ordinances.(2) The provider shall ensure that the number of children in care at any given time does not exceed the capacity identified on the license.(3) The department may determine the total capacity based on the number of rooms and the ages of children cared for in those rooms.(4) As listed in Table 1 for single-age groups of children, the provider shall: (a) maintain at least the number of caregivers; and(b) not exceed the number of children in the caregiver-to-child ratio per room. TABLE 1 Caregiver-to-child Ratios |
Number of Caregivers | Ages of Children | Number of Children |
At least 1 | 2 years old | 7 |
At least 1 | 3 years old | 12 |
At least 1 | 4 years old | 15 |
At least 1 | 5 years old | 20 |
(5) As listed in Tables 2 through 4 for mixed-age groups of children, the provider shall: (a) maintain at least the number of caregivers; and(b) not exceed the number of children in the caregiver-to-child ratio per room. TABLE 2 Two -to-Five-Year-Olds |
Number of Caregivers Required | Ages of children | Number of Children Present |
At least 1 | 2 years old | 1-6 |
3, 4, and 5 years old | 1-10 |
Maximum Total of Children in the Room: 11 |
TABLE 3 Three-to-Five-Year-Olds |
Number of Caregivers Required | Ages of children | Number of Children Present |
At least 1 | 3 years old | 1-11 |
4 years old | 1-14 |
| 5 years old | 1-14 |
Maximum Total of Children in the Room: 16 |
TABLE 4 Four-to-Five-Year-Olds |
Number of Caregivers Required | Ages of children | Number of Children Present |
At least 1 | 4 years old | 1-14 |
5 years old | 1-17 |
Maximum Total of Children in the Room: 18 |
(6) The provider may exclude the provider's or an employee's child age four years or older from the caregiver-to-child ratio when the parent of the child is working at the facility.(7) The provider may include caregivers, student interns who are registered in a high school or college child care course, and volunteers who are 16 years old or older in the caregiver-to-child ratio.Utah Admin. Code R381-40-10
Adopted by Utah State Bulletin Number 2021-07, effective 3/22/2021Amended by Utah State Bulletin Number 2022-12, effective 6/1/2022Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023