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(1) The department may investigate and inspect the conditions and qualifications of any child care facility or any person seeking or holding a license or registration.

(2) A family or group child care facility must be registered. A child care center must be licensed.

(3) Licensing, registration, and inspection of child care facilities are the responsibility of the department with the exception of the required local health authority and state fire marshal inspections.

(4) A registrant or licensee shall not discriminate in child admissions or employment of staff on the basis of race, sex, religion, creed, color, national origin, or disability. Any determination of discrimination will be made by the Montana Human Rights Commission.

(5) A prospective child care facility will be inspected by a licensing worker prior to approval. If the applicant meets the requirements for licensure the department will issue a license or registration to the applicant.

(6) The department may not issue a provisional registration or license to any child care facility that does not have current public liability insurance and fire insurance.

(7) Regular registration certificates and licenses are issued from the department for periods up to three years.


History: 52-2-704, MCA; IMP, 52-2-704, 52-2-723, 52-2-731, 52-2-732, 52-2-733, MCA; NEW, Eff. 12/31/72; AMD, 1978 MAR p. 205, Eff. 2/5/78; AMD, 1981 MAR p. 1792, Eff. 12/18/81; AMD, 1985 MAR p. 177, Eff. 2/15/85; AMD, 1985 MAR p. 2041, Eff. 12/27/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1989 MAR p. 1664, Eff. 10/27/89; AMD, 1991 MAR p. 1000, Eff. 6/28/91; AMD, 1993 MAR p. 1210, Eff. 6/11/93; AMD, 1995 MAR p. 23, Eff. 10/14/94; AMD, 1996 MAR p. 1311, Eff. 5/10/96; TRANS, from DFS, 1998 MAR p. 2881; AMD, 2000 MAR p. 2415, Eff. 9/8/00; AMD, 2002 MAR p. 2231, Eff. 8/16/02; AMD, 2006 MAR p. 1424, Eff. 6/2/06; AMD, 2018 MAR p. 308, Eff. 2/10/18; AMD, 2021 MAR p. 1787, Eff. 12/11/21.

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