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(1) Any day care facility that operates a day care program in connection with another non-day care program on the same premises must have separate staff and separate space for each program. However, staff and space may be shared for janitorial, maintenance, cooking, or other support services.

(2) Children attending the facility for day care shall not come in contact with other persons who are receiving care in the facility unless the provider can prove to the department's satisfaction that those persons will not pose any threat to the health, safety and well being of the children in day care.

(3) If multiple programs, including multiple day care programs or facilities in the same building, increase the number of people regularly in the building to more than 12 individuals, all fire, safety, and sanitation requirements that may be impacted must be complied with by the day care facility.

(4) Persons, corporations or organizations may be licensed or registered for more than one day care facility if facility sites, staff, and space are completely separate from one another.

(a) If the day care facility is housed in a private single-family living structure, the structure can only obtain one registration or license.

(b) If the multiple program day care facility is in a non-residential structure, and is owned by the same entity or person it will be licensed as a center and will be required to meet all center regulations.

(c) If more than one day care program exists in one retail or commercial structure, and there are separate owners or entities of each program, the department will grant individual registrations or licenses.

(d) If the day care facility is contained in a multi-family structure, such as an apartment building, the structure will be allowed to house multiple day care facilities that meet the requirements of (1) and (2) above.

(e) If the facility is licensed or registered as a day care facility and serves as a foster care home, the department's Child and Family Services (CFS) regional administrator and Early Childhood and Family Support Division (ECFSD) must both approve the dual license or registration.


History: 52-2-704, MCA; IMP, 52-2-731, MCA; NEW, 1985 MAR p. 2041, Eff. 12/27/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; 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, 2018 MAR p. 308, Eff. 2/10/18; AMD, 2021 MAR p. 1787, Eff. 12/11/21.

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