The parties, who Johnson said have now retained lawyers, disagree over the state day-care licensing law. "Basically, there's a lot of different interpretations of what that statute means," he said.

Teresa Whiting, Utah Department of Health child-care licensing bureau director, said a licensing specialist went to the Miller home twice last spring in response to complaints.

A state licensor visited the house March 5 and on March 22 sat outside counting children as they arrived. Both times, Whiting said, the paid provider had no more than four unrelated children in her care.

"This means the care being provided did not meet the definition of care that would require a child-care license from the Department of Health," Whiting said.

The Zielinskis say they have seen more than four children being dropped off on some mornings.

A South Jordan code compliance officer issued the Millers a written warning in June about the unlicensed day care. The officer followed up a week later, but no action was taken.

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