How to Start a Child Care Business in Wyoming: DFS Certification, the Three-Child Line and the 2025 Four-Child Exemption

October 29, 2026

Before you buy toys or pick a business name, answer one question: does Wyoming require you to be certified to care for other people's children? For most providers, the answer depends on how many unrelated children you will care for, where the care happens and whether families pay you. This guide covers the Department of Family Services (DFS) certification rules, the exemptions that may apply, and the state and local filings that follow. Wyoming has no general state business license, so your setup is a mix of DFS certification, a Secretary of State registration if you form an entity, and any local license required by the city where you operate.

Disclaimer: This article is informational content, not legal or tax advice. Statutes, agency rules and fees change, and DFS, the Secretary of State and your city clerk decide how rules apply to your situation. If you plan a multi-site center, will hire staff, buy property or set up a complex ownership structure, consult a qualified attorney or CPA before you commit money.

What You Need Before You Start

Most of the work is sequencing. Approvals come before you open, and state filings come before you open a business bank account or advertise. Gather these items first:

• A decision on your category (family home, family center or center) and a count of children by age
• Zoning or land use approval from your city or county, plus building and septic approval from the county where those apply
• Fire, sanitation and zoning approvals where DFS requires them
• Background check paperwork for you and any staff, including central registry, fingerprint and sex offender registry checks
• Training documentation, with the required courses confirmed by DFS
• A business name checked on the WyoBiz filing search, plus a Wyoming registered agent address if you form an LLC or corporation
• A budget that includes the $100 formation filing fee, the $60 annual report, the DFS fee (confirm first) and the $60 name reservation if you use one
• A sales and use tax account only if you make taxable sales, such as prepared meals

When DFS Certification Is Required

Under Wyoming Statutes 14-4-101 through 14-4-115, a child caring facility must be certified by DFS before it exercises care, custody or control of a minor. Operating without certification is a misdemeanor with a fine of $50 to $200, and each day of uncertified operation is a separate offense under 14-4-111.

The working line is simple: if you care for more than two children who are not related to you, plan on needing a license. The statute exempts care of fewer than three minors, so three or more unrelated children puts you in licensing territory unless an exemption fits. Confirm with DFS how it counts drop-in children and children who attend only part of the day.

DFS sorts licensed operations into three categories:

DFS category	Capacity	Staffing rule
Family Child Care Home	3 to 10 children in your own home	No additional staff
Family Child Care Center	Up to 15 children	One additional staff member when more than 10 children are present
Child Care Center	16 or more children	Confirm staffing and ratios with DFS

Certification comes from DFS. Your city and county do not issue the child care certificate, although they control your location, zoning and any local business license.

Exemptions: When You May Not Need a License

Wyoming exempts several arrangements under 14-4-102(b). An exemption is a set of conditions, not a permission slip, and you carry the burden of staying inside them. The exemptions include:

• Care by a parent or relative
• Occasional care of a neighbor’s or friend’s child
• Cooperative exchanges between families
• A person employed to come to the child’s home
• Care of fewer than three minors
• Care for only one immediate family
• Qualifying after-school programs
• Summer camps run by nonprofit organizations
• Part-time day care that stays within every limit: fewer than 8 minors, all over 36 months, or fewer than 10 minors, all over 48 months; no more than 10 hours a week for each child; no medications and no food preparation; children are toilet-trained; staff are screened and CPR-certified; and you give written notice that the program is unlicensed

The 2025 four-child exemption

The 2025 legislative session added an exemption for a person employed to care for up to four children from multiple families. Two conditions are central. No more than two of the children may be under age two, and the care must take place at the home of one of the children’s parents or guardians. That structure fits a nanny or in-home caregiver employed by families. It is a poor fit for someone who runs care out of their own house for outside families, because the three-child line still governs that arrangement. Ask DFS how the exemption applies to your setup before you accept any child.

Step-by-Step: Starting Your Child Care Business

Step 1: Pick your category and confirm your exemption status

Write down the number of unrelated children you plan to serve, their ages, weekly hours and whether you will hire anyone. Match those answers against the category table and the exemption list. If you plan to rely on any exemption, get DFS Child Care Licensing’s answer in writing before you advertise or accept a deposit.

Step 2: Confirm zoning and land use with your city or county

Counties handle land use, building, septic and liquor matters. Cities and towns issue business licenses. Start with the planning or zoning office for the city or county where the home or building sits. Ask whether a home-based child care operation is permitted at that address, what the approval process is, and whether septic capacity or building code limits affect how many children you can serve. If the property is outside city limits, the county is your main local contact.

Step 3: Obtain fire, sanitation and zoning approvals where required

DFS requires fire, sanitation and zoning approvals where they apply to your setup. Plan review by the Department of Fire Prevention and Electrical Safety (DFPES) applies to centers serving more than 10 children under 35-9-108. Ask DFS which approvals your category needs, then schedule inspections early, because inspection timing can set your opening date. Keep copies of every approval for your application file.

Step 4: Register your entity with the Secretary of State

A sole proprietorship does not file a formation document with the Secretary of State. An LLC or corporation does. Wyoming has no corporate income tax, no personal income tax and no franchise tax, so the recurring state entity charge is the annual report. The core costs are:

• LLC Articles of Organization: $100 filing fee. The name must include “Limited Liability Company” or an accepted abbreviation such as LLC. Names beginning with the letter A must be filed on paper.
• Corporation Articles of Incorporation (profit corporation): $100 filing fee.
• Name reservation: $60 for 120 days, paper form only.
• Annual report: $60 minimum, due the first day of the anniversary month every year. You may file up to 120 days early. If it is not paid within 60 days of the due date, the entity is subject to administrative dissolution.
• Registered agent: required for every entity. The agent needs a physical Wyoming street address, including any suite number. A drop box is not acceptable, and a PO box is accepted only in addition to a physical address. Commercial registered agents pay a $50 annual registration.

Check name availability on the WyoBiz filing search before you register. Online filings through WyoBiz are active as soon as they are completed. Paper filings are processed in the order received and can take up to 15 business days. Expedited processing is not available for online initial formations.

Step 5: Register a trade name if you will operate under a different name

Registering a trade name is optional in Wyoming. If you plan to market your child care under a name different from your legal name or your entity name, registering it puts that name on the state record. The Application for Registration of Trade Name costs $100 for a 10-year term, $50 to renew, $25 to assign and $10 to cancel. A trade name reservation is separate, at $30 for 120 days. Trade name filings are mail-only and must be notarized, and they go to the Secretary of State’s Business Division, not your county clerk. The form is available at sos.wyo.gov.

Step 6: Complete background checks and training

DFS requires central registry, fingerprint and sex offender registry checks, along with training. Chapter 2 (“Licensing Process”) of the DFS Child Care Licensing Rules, updated April 2026, lists these requirements. Ask DFS Child Care Licensing for the current training list and the expected turnaround for each check, because those details can change. Do not borrow another state’s staffing or training figures. Ask DFS for the current ratio table by age before you hire or set a schedule.

Step 7: Submit the DFS application and pay the fee

Assemble the application with fire, sanitation and zoning approvals where required, the background check records, and training documentation. Ask DFS Child Care Licensing, in writing, for the current application and renewal fees and the expected processing time. Do not budget from a fee figure you have not confirmed with DFS. Ask the same question about renewal fees before you calendar your renewal date.

Step 8: Set up taxes and your city license

Wyoming has no general statewide business license. Cities and towns may require a local business license, so check with the city clerk where you will operate. Counties do not issue business licenses.

Wyoming has no state income tax, so there is no state income tax to withhold from employee pay. The state sales tax rate is 4%, with county option taxes and resort districts added in some areas. There is no city sales tax. County rates change quarterly, so check the Department of Revenue rate chart for the rate in your county on the date you file. Sales tax applies to goods and to enumerated services. Meals and prepared food are taxable, so if you sell meals or other taxable items, you need a sales and use tax license from the Excise Tax Division, which carries a $60 non-refundable application fee. Confirm with that division whether your particular charges are taxable before you assume they are not. The registration page is at excise-tax-div.wyo.gov.

If you hire employees, workers’ compensation in Wyoming is a monopolistic state fund run by the Department of Workforce Services. It is compulsory only for listed extrahazardous industries, and child day care (NAICS 6244) is not on that list. Sole proprietors, partners, officers and LLC members are excluded unless they elect coverage. Unemployment insurance still applies, so contact the Department of Workforce Services before your first hire.

Tips and Common Mistakes to Avoid

• Counting only enrolled children. Count every unrelated child in your care, and ask DFS how drop-in care is treated.
• Opening before certification. Each day of uncertified operation can be a separate misdemeanor offense, with fines of $50 to $200 under 14-4-111.
• Treating the certificate as a city or county product. Certification comes from DFS. Your city and county control location, zoning and the local business license.
• Stretching the part-time exemption. The hour limits, the ban on medications and food preparation, and the written notice are conditions. Miss one and the exemption may not apply.
• Relying on another state’s ratios. Wyoming staffing and ratio rules come from DFS, and they depend on age.
• Choosing a name before you search. An LLC name needs a required designation and must be available on WyoBiz. Names beginning with A must be filed on paper, which can take up to 15 business days.
• Using a drop box as your registered agent address. You need a physical Wyoming street address.
• Forgetting the annual report. A $60 annual report that stays unpaid for 60 days after the due date can lead to administrative dissolution.
• Skipping zoning. Home-based approval is local, and DFS requires zoning approval where it applies.

What to Expect: Realistic Results

Certification, clean entity registration and documented approvals may give you a stronger, more defensible setup with DFS, landlords, parents and any program you later apply for. Wyoming also runs child care subsidy and Quality Counts programs. Each sets its own eligibility rules, and DFS can explain how they work and whether you might qualify.

Timelines depend on local approvals, background check turnaround and DFS workload, so plan for delays and get each agency’s current processing time in writing. Enrollment and income depend on your local market, pricing, staffing and costs. This article does not promise any level of enrollment or revenue, and no one can guarantee that an application will be approved.

Where to Confirm Current Requirements

• Wyoming Secretary of State, Business Division: sos.wyo.gov. Search names at the WyoBiz filing search and file online through WyoBiz.
• Wyoming Department of Revenue, Excise Tax Division: excise-tax-div.wyo.gov, including the rate chart and sales and use tax registration.
• Department of Family Services, Child Care Licensing: current application and renewal fees, background check steps, training requirements and ratios by age. Confirm each in writing.
• Department of Workforce Services: workers’ compensation and unemployment insurance questions before you hire.
• Department of Fire Prevention and Electrical Safety: plan review and fire approvals where they apply.
• Your city clerk and planning office: local business license and zoning. Counties handle land use, building and septic approvals.
• Wyoming SBDC Network at wyomingsbdc.org and the SBA Wyoming district page for planning help.

Once DFS confirms your category, fees and approvals, and your state filings are complete, you can open with a clear paper trail. Keep every approval, filing receipt and notice in one folder, and calendar your annual report and DFS renewal dates the day you receive them.