37.95.104    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.

History: 52-2-704, MCA; IMP, 52-2-704, 52-2-731, MCA; NEW, 2002 MAR p. 2231, Eff. 8/16/02.