This page has information specific to licensed child care centers. Licensed child care centers are generally characterized by a location other than the provider’s or caregiver’s home, with larger numbers of children being cared for, and requirements for staff qualifications and training.
Licensing child care helps protect the health and safety of children by requiring that providers meet minimum standards for care and physical environment. The Department of Human Services is responsible for licensing and monitoring child care centers for compliance with licensing requirements.
Information on how to obtain a child care center license
In Minnesota, a child care provider is required by state law to obtain a license to operate a child care center unless the provider meets an exemption in state law. Licensure provides the necessary oversight to ensure child care is provided in a healthy and safe environment, by qualified people, and meets the developmental needs of all children in care. Information and resources are available about the process of applying for a child care center license.
What: A free series of three web-based information sessions offered about the application process and requirements for licensed child care centers.
Determine which free sessions to register for by reviewing the content for each session in the chart below. Individuals may attend as few or as many of sessions as desired. The series is offered quarterly. Participation is not a requirement of the licensing process for child care centers. This series is intended to support applicants, provide guidance, and offer resources related to applying for a child care center license. Participants may be more engaged if they use the supplemental handouts and resources provided.
Presented by: Department of Human Services: Child Care Center Licensing Unit Training Team
Session 1
Session 1 presents an overview of Phase I of the application process, completing and submitting the application to DHS. Topics include an overview of the application process for a child care center license and walking through the requirements for the supplemental required documents that must be submitted with the application.
Session 2 presents an overview of Phase II of the application process, which begins after the application has been submitted to DHS for review. During this phase, the application is assigned a licensor. DHS licensing and applicants work on several tasks simultaneously. Topics include the interaction of other agencies for required facility inspections, background studies, engaging a health consultant, understanding equipment and supply requirements for a child care center, and an overview of required administrative records.
Session 3 presents an overview of when an applicant is ready to have a pre-licensing visit scheduled and what an applicant might expect to see and do during this visit from the assigned DHS licensor. The pre-licensing visit verifies that the applicant is compliant with all applicable Minnesota Rule and Statute required to be granted a license. Key considerations for the first year of operating when a license is granted are also introduced in Session 3. Topics include preparing the facility for the pre-licensing visit, having administrative records ready for review and ensuring staffing requirements are met, and need-to-know. A collection of resources will be shared that may support new license holders.
Contact the DHS Child Care Center Training Team: If you have questions about the training, please direct them to dhs.ccclictraining@state.mn.us .
Professional development
Develop learning record
Each information session is Develop-approved for 2 hours of training in the Knowledge and Competency Framework Content Area: VI: Professionalism. If you have a Develop account and want to have this training appear on your Learning Record:
Include your Develop ID number when you register; and
Attend the entire training event.
If both of these conditions are met, credit for attending the training will be logged on your Learning Record within 3 days after the training ends. For trainings with large numbers of attendees, it may take longer to see this training on your Learning Record. If you do not have a Develop account and want to learn more, visit the Develop webpage. To sign up for an Individual Develop account, go the registration link on Develop’s homepage. Develop also has a help desk available Mondays, Wednesdays, and Fridays from 8:00 a.m. to 5:00 p.m. and Tuesdays and Thursdays from 8:00 a.m. to 7:00 p.m. The Develop Help Desk is reachable by email and phone: 1 (844) 605-6938.
Licensing in-service record
Licensing does not issue attendance certificates for trainings. However, participating in a training held by the Child Care Licensing Team does count toward an individual's in-service training requirement.
Child Care Wayfinder is a one-stop navigation network for starting and growing child care programs in Minnesota. Local navigators act as resource guides, connecting individuals to the many resources available. When starting a program, local navigators accompany individuals through the licensing process. Local navigators access initial business and program needs, make referrals to partners, and help bring together and put to use all of the support individuals receive. After a program is open, local navigators can help sustain it. Local navigators connect individuals to resources to help increase enrollment, strengthen relationships with children and families, improve staff retention and address educator burnout.
If interested in expanding a current licensed program, local navigators are available to connect license holders to resources for opening more locations, increasing licesnsed capacity, and changing license type.
To get more information and find a local navigator, visit ChildCareWayfinder.org or call 888.986.8207
News and updates
Find details about recent changes in Licensing below. For previously published items visit the archives page. Subscribe to receive licensing news updates.
The Department of Human Services (DHS), Division of Licensing, is offering an opportunity for licensed child care centers to join us for an informational webinar presentation. Individuals from the various areas of DHS will share information and updates related to licensing, the latest legislative session, and each of the systems transformation and modernization projects.
DHS Child Care Center Licensing - June 2024 Outreach Connection
*Registration is not required. Develop credit is not available for this presentation; however, centers can document attendance on individual in-service training records.
DHS is offering a virtual training event to discuss behavior guidance requirements for licensed child care centers, including positive guidance, persistent unacceptable behavior, behavior plans, prohibited actions, separating children for unacceptable behavior, and separation reporting.
This course is designed for educators and child care staff working in, or planning to work in, a licensed child care center. This training event is a Develop approved course. To receive credit for 2 hours of training, attendees will need to register, attend the full 2 hours and provide their Develop ID. To register:
To complement the December 2023 Outreach Connection webinar, we have included an Outreach Connection - December 2023 handout with links to more information about referenced resources.
The Minnesota Children’s Cabinet and the Departments of Education, Health and Human Services offer quarterly Early Childhood Connector provider calls to child care providers and early educators in Minnesota.
The purpose of Connector Calls is to answer clarifying questions related to legislation, licensing, programs, grants and more from providers and improve state communications. Calls are recorded and available on the Early Childhood Connector webpage
Educators of all types are invited to these calls. We welcome questions from licensed programs, certified centers, exempt programs, legally nonlicensed providers, Family, Friend and Neighbor caregivers, and individuals interested in starting a child care business.
Date: Tuesday, April 16, 2024, at 7 p.m. Central Time | WebEx meeting link
* Registration is not required. Develop credit is not available for the calls; however, centers can document attendance on individual in-service training records.
Laws passed by the 2023 Legislature include changes that impact Department of Human Services licensed child care centers. The Department of Human Services prepared the Implementation Plan for 2023 Legislative Changes to assist licensed child care centers.
The Department of Human Services, Licensing Division is excited to announce the development of an e-learning video series for licensed child care center providers and applicants. Topics include defining licensed child care in Minnesota, key considerations that contribute to operating a successful child care center business, policies and procedures for licensed child care centers, staffing requirements for licensed child care centers, and more.
In 2021, the Minnesota legislature passed legislation and allocated federal funding to support regulation modernization projects for both licensed family child care and child care centers. Visit the Child Care Regulation Modernization page to learn more about these ongoing efforts.
Provider Hub
The Provider Hub is the online system to manage an existing license(s) and apply for a new license(s). The Provider Hub is available to providers 24/7 and is accessible on mobile devices, tablets, and computers. The Provider Hub supports English, Somali, Spanish, and Hmong languages.
Existing License Holders: Current license holders have a provider account for each Authorized Agent and should not create a new account. The Provider Hub allows child care providers to:
Apply for a license for a new center location
Add additional users to access program information
Manage existing licensed centers, including reporting, requesting changes and submitting information for the annual license review
Communicate with assigned licensor
Access links and resources
If you are an existing License Holder and need assistance accessing the Hub, you can now search for Help Articles, open a Product Experience Support Case from the Provider Hub, or call our Product Experience Support Team at (651) 431-6075.
For technical questions about the Provider Hub, including issues registering for or accessing your account, submit a case through the Provider Hub or call 651-431-6075.
New License Holders: An organization that does not currently operate a licensed or certified program will create a new provider account in the Provider Hub. For more information, visit the Applying for a Child Care Center License webpage.
To report possible licensing violations, contact the child care center licensor on call at 651-431-6015. A licensor on call answers phones Monday-Friday (excluding holidays) from 8 AM to 4:30 PM.
The Minnesota Department of Human Services Child Care Assistance Program (CCAP) has created the CCAP Provider Guide to explain what providers need to know to receive payment from the Minnesota Department of Human Services for families who get benefits from the Child Care Assistance Program (CCAP)
Sign up to receive child care licensing information by email
The licensed child care center email listserv provides information and updates, including legislative changes, for licensed child care centers, from DHS Licensing. If you are the authorized agent for your center, you will automatically receive an email with the same information so you do not need to sign up for this listserv.
Sign up to receive communications from the Early Childhood Connector, a cross-agency effort to provide updates to child care providers and early educators in Minnesota. By signing up, you can expect to receive a quarterly newsletter highlighting resources, supports and updates on child care and early education from the Minnesota Children’s Cabinet and Departments of Education, Health, and Human Services. Content will be tailored to licensed and nonlicensed child care, Head Start, and prekindergarten programs. In addition to the Early Childhood Connector newsletter, occasional updates will be sent.
Legislative changes
This summary contains general information about statutory changes made in the previous years that impact DHS licensed programs, including licensed child care centers. Implementation plans are created to provide detailed information regarding specific changes for licensed child care centers, when needed.
Minnesota law requires certain individuals to have a completed background study in licensed child care programs. License holders are responsible for ensuring background studies are completed as required.
To assist you in determining whether an individual needs a background study, based on their role in the child care center, consult the Child Care Centers Background Study Worksheet.
The study for a background study subject who currently lives out of state or who has lived outside of Minnesota in the last five years requires a search of the criminal, sex offender and maltreatment databases from the other state(s) where the individual lived during those five years. If another state has not responded to the requested information after at least 10 days since DHS submitted the request — and this is the only reason that the study could not be cleared — DHS can issue a clearance notice. This clearance notice may be rescinded if the results from the other state(s) contains disqualifying information.
Anyone required to have a study cannot have direct contact with children until you have received a notice from DHS about the results of the background study. For a majority of studies, this process results in a clearance notice about two or three business days after the person is fingerprinted. The process takes longer if the results from one of the databases show the individual may have disqualifying information. In which case, the center will get a notice stating more time is needed to complete the study. The notice will indicate whether or not the person can work with or without supervision.
Individuals affiliated with a licensed or certified child care center must complete an enhanced background study every five years. To comply with this requirement, new studies must be submitted, and should be initiated no more than 90 calendar days before the study's expiration date. Further details about the renewal process are available.
For more information on initiating studies and using NETStudy 2.0, please visit the Entities initiating studies background studies page. There is a training and support resources area that offers training including links to several YouTube videos that demonstrate how to initiate a background study request in NETStudy2.0 as well as all other key features of the system.
Mandated reporter resources including a Resource Guide for Mandated Reporters of Child Maltreatment Concerns and mandated reporter training videos; and
Alerts for providers to reduce risks in child care centers.
Any individual engaging in licensing functions and activities, including authorities delegated under section 245A.16, must immediately report any suspected fraud to county human services investigators or the Department of Human Services Office of Inspector General.
When a license holder admits a child with special needs, the licensed child care center must ensure that an individual child care program plan is developed to meet the child’s individual needs. The individual child care program plan must be reviewed and followed by all staff who interact with the child. The DHS licensing Individual Child Care Program Plan (ICCPP) is an interactive form that can be used by child care centers to meet and document these requirements. For additional information on the requirements associated with enrolling a child with special needs, centers should review Minn. Rule 9503.0065, subp. 3.
Before admitting a child for care, the center must obtain documentation of any known allergy from the child's parent or legal guardian or the child's source of medical care. If a child has a known allergy, the center must maintain current information about the allergy in the child's record and develop an individual child care program plan as specified in Minnesota Rules, part 9503.0065, subpart 3. The DHS licensing Individual Child Care Program Plan (ICCPP) can be used by child care centers to meet these requirements.
To comply, providers must:
Create a policy for preventing and responding to allergies that complies with the requirements. It is recommended you work with your health consultant when creating this policy.
Train all staff on your allergy policy during orientation training and at least once per calendar year. Training must be documented in each staff person’s personnel file.
For each child with a known allergy, maintain current allergy information in the child's record and develop an individual child care program plan as required under Minnesota Rules, part 9503.0065, subpart 3. The individual child care program plan must include but not be limited to a description of the allergy, specific triggers, avoidance techniques, symptoms of an allergic reaction, and procedures for responding to an allergic reaction, including medication, dosages, and a doctor's contact information.
Ensure that each staff person who is responsible for carrying out an individual child care program plan for a child with a known allergy reviews and follows the plan. Maintain documentation of each staff person's review of the individual child care program plan on site.
At least once each calendar year or following any changes made to allergy-related information in the child's record, update the child's individual child care program plan and inform each staff person who is responsible for carrying out the plan of the change. This documentation must be kept onsite.
Ensure that a child's allergy information be available at all times including on site, when on field trips, or during transportation. A child's food allergy information must be readily available to a staff person in the area where food is prepared and served to the child.
Contact the child's parent or legal guardian as soon as possible in any instance of exposure or allergic reaction that requires medication or medical intervention. Call emergency medical services when epinephrine is administered to a child in the center’s care.
Centers must have an emergency preparedness plan for emergencies that require evacuation, sheltering, and other protection of children. The plan must be written on a Child Care Emergency Plan PDF form developed by the commissioner and updated at least annually. Keeping Kids Safe DHS-7414 (PDF) includes detailed emergency planning resources for licensed child care centers.
Licensed centers must conduct monthly fire drills and document the time and date of the drills. Licensed centers must also conduct monthly tornado drills from April to September and document the time and date of the drills. DHS has created the Licensed Child Care Center Drill Log form DHS-8339 that centers may use to document required drills.
In addition to current requirements for first aid and safety policies and diapering procedures, centers must meet requirements for handling and disposing of potentially infectious bodily fluids, such as blood and vomit.
The licensed child care center must comply with the following procedures for safely handling and disposing of bodily fluids:
Surfaces that come in contact with potentially infectious bodily fluids, including blood and vomit, must be cleaned and treated to reduce microorganism contamination after an object has been cleaned. Disinfection must be done by rinsing or wiping with a solution of one-fourth cup chlorine bleach plus water to equal one gallon, or an equivalent product or process approved by your health care consultant.
Blood-contaminated material must be disposed of in a plastic bag with a secure tie.
Sharp items used for a child with special care needs must be disposed of in a "sharps container." The sharps container must be stored out of reach of a child.
The license holder must have the following bodily fluid disposal supplies in the center: disposable gloves, disposal bags, and eye protection and
The license holder must ensure that each staff person follows universal precautions to reduce the risk of spreading infectious disease.
For purposes of licensed child care centers, "supervision" means when a program staff person:
Is accountable for the child's care.
Can intervene to protect the health and safety of the child and
Is within sight and hearing of the child at all times except as described in the following situations.
When an infant is placed in a crib room to sleep, supervision occurs when a program staff person is within sight or hearing of the infant. When supervision of a crib room is provided by sight or hearing, the center must have a plan to address the other supervision components.
When a single school-age child uses the restroom within the licensed space, supervision occurs when a program staff person has knowledge of the child's activity and location and checks on the child at least every five minutes. When a school-age child uses the restroom outside the licensed space, including but not limited to field trips, supervision occurs when staff accompany children to the restroom.
When a school-age child leaves the classroom but remains within the licensed space to deliver or retrieve items from the child's personal storage space, supervision occurs when a program staff person has knowledge of the child's activity and location and checks on the child at least every five minutes.
When a single preschooler uses an individual, private restroom within the classroom with the door closed, supervision occurs when a program staff person has knowledge of the child’s activity and location, can hear the child, and checks on the child at least every five minutes.
Centers must allow an enrolled child’s parent or legal guardian access to their child at any time while the child is in care. This is in addition to the requirement to allow parents or legal guardians of enrolled children to visit the center any time during the hours of operation as specified in Minnesota Rules, part 9503.0095.
The PDF version (when opened in Internet Explorer) is the preferred version for centers to use since it will automatically create an email and attach the completed form once the submit button is clicked. If you are unable to open in Internet Explorer or you need to use the Word DOC version, you will have to manually attach the completed form to the email before sending.
A serious injury is an injury that requires treatment by a physician or dentist. This means that if a child sees a physician or dentist for evaluation of an injury, but no treatment is given, the injury does not meet the definition of serious and does not need to be reported to DHS. Treatment does not include application of or recommendation to use nonprescription medication or diagnostic testing (such as x-rays).
For additional information on other child care center reporting requirements, please see Minnesota Rules, part 9503.0130. The Child Care Center Serious Injury & Death Reporting Form is to be used for reporting serious injuries and deaths only. Other types of information required to be reported to DHS under 9503.0130 can be done by submitting your center-specific form by email or fax, by calling the center’s assigned licensor or by calling the main Licensing Division number at 651-431-6500.
Each licensed child care center is required to have a health consultant to review all of the center’s health policies and practices. A health consultant is a physician, public health nurse, or registered nurse.
The center must have a health consultant review the center's health policies and practices and certify that they are adequate to protect the health of children in care.
The review must be done before initial licensure, submitted with the application for initial licensure and repeated every year after the date of initial licensure. For programs serving infants, this review must be done initially and monthly thereafter. Additionally, the license holder must request a review by the health consultant of the center's health policies and practices if there is a proposed change in the center's health policies or practices or an outbreak of contagious reportable illness. A copy of the consultant's findings must be placed in the center's administrative record.
For the purposes of training requirements, the following roles are defined as:
"Substitute" means an adult who is temporarily filling a position as a director, teacher, assistant teacher, or aide in a licensed child care center for less than 240 hours total in a calendar year due to the absence of a regularly employed staff person.
"Staff person" means an employee of a child care center who provides direct contact services to children.
"Unsupervised volunteer" means an individual who:
Assists in the care of a child in care.
Is not under the continuous direct supervision of a staff person and
Is not employed by the child care center.
Defining these roles in statute provides clarity for the training requirements in 245A.40 to those terms. The definition of staff person includes all employees who provide direct contact services to children. Parents or other volunteers who are always supervised and never alone with children are considered supervised volunteers and do not require training. For a list of defined roles with their accompanying training requirements, see: Training Requirements for Licensed Child Care Centers. For assistance on qualifying a person, see: Personnel Information (PIF).
Licensed child care centers must establish a process for tracking substitute hours to ensure those who work more than 240 hours in a calendar year complete the required trainings. The 240 hours is site-specific. If a substitute works more than 240 hours in a calendar year, then the substitute needs all the training required of a staff person. The licensed child center must also establish a process for tracking volunteers to identify volunteers who are always supervised and those who are unsupervised at any time. An example of an unsupervised volunteer is a parent who accompanies a child to the bathroom and is not directly supervised by another staff person.
The center director, staff persons, substitutes, and unsupervised volunteers must be given orientation training and successfully complete the training before starting assigned duties. According to MN Statutes, section 245A.40, subdivision 1, training for orientation cannot be used to meet in-service training requirements. Documentation of orientation is required. The DHS licensing Orientation Training Record can be used by child care centers to meet these requirements.
The license holder must ensure that all required content is included in each orientation training requirement:
Abusive Head Trauma training for individuals working with a child under school age per MN Statutes, section 245A.40, subd. 5a; Can be N/A for centers with only school age children.
Individual Child Care Program Plan training on details of individual child care program plans for all children that the staff will interact with per MN Rules 9503.0065 and MN Statutes, section 245A.41, subd. 1, if applicable
Sudden Unexpected Infant Death training for individuals working with infants per MN Statutes, section 245A.40, subd. 5; Can be N/A for centers not serving infants.
In addition, before having unsupervised direct contact with a child, the director and staff persons within the first 90 days of employment, and substitutes and unsupervised volunteers within 90 days after the first date of direct contact with a child, must complete:
In addition, the director and all staff persons, substitutes, and unsupervised volunteers shall complete child development and learning within the first 90 days of employment:
Child Development and Learning training as required per MN Statutes, section 245A.40, subd. 2 For the purposes of orientation, “child development and learning training” means any training that covers an understanding in how children develop physically, cognitively, emotionally and socially, and learn as part of the children’s family, culture and community. Knowledge and Competency Area I: Child Development and Learning training may be used to meet this requirement. Child development and learning training taken within the previous two years satisfies this requirement.
The center director, staff persons, substitutes, and unsupervised volunteers must receive ongoing training each calendar year according to MN Statute, section 245A.40, subdivision 7. Documentation of in-service training is required.
Training required to be completed every year can be completed at any time within each calendar year.
The center director and staff persons who work more than 20 hours per week must complete 24 hours of in-service training each calendar year.
Staff persons who work 20 hours or less per week must complete 12 hours of in-service training each calendar year.
Substitutes and unsupervised volunteers are required to complete ongoing training on health and safety topics; mandated reporting; the risk reduction plan; child development and learning, pediatric first aid, pediatric CPR, cultural dynamics; disability training, and child passenger restraint training, if applicable. All content must be covered, but there is no requirement for training length for substitutes and unsupervised volunteers.
The number of in-service training hours may be prorated for individuals not employed for an entire year.
Training topics to be completed each calendar year:
Abusive Head Trauma training for individuals working with a child under school age per MN Statutes, section 245A.40, subd. 5a; Can be N/A for centers with only school age children
Sudden Unexpected Infant Death training for individuals working with infants per MN Statutes, section 245A.40, subd. 5; Can be N/A for centers not serving infants.
Each year or when a change is made, whichever is more frequent, training must be provided on:
The director and staff must complete at least two hours of child development and learning training every other year.
Substitutes and unsupervised volunteers must complete child development and learning training every other year, but it is not required to be a minimum length.
The remaining hours of the in-service training requirement must be met by completing training in the following content areas of the Minnesota Knowledge and Competency Framework:
Content area I: child development and learning; "Child development and learning training" means training in understanding how children develop physically, cognitively, emotionally, and socially and learn as part of the children's family, culture, and community.
Content area II: developmentally appropriate learning experiences; "Developmentally appropriate learning experiences" means creating positive learning experiences, promoting cognitive development, promoting social and emotional development, promoting physical development, and promoting creative development.
Content area III: relationships with families; "Relationships with families" means training on building a positive, respectful relationship with the child's family.
Content area IV: assessment, evaluation, and individualization; "Assessment, evaluation, and individualization" means training in observing, recording, and assessing development; assessing and using information to plan; and assessing and using information to enhance and maintain program quality.
Content area V: historical and contemporary development of early childhood education; "Historical and contemporary development of early childhood education" means training in past and current practices in early childhood education and how current events and issues affect children, families, and programs.
Content area VI: professionalism; "Professionalism" means training in knowledge, skills, and abilities that promote ongoing professional development.
Content area VII: health, safety, and nutrition; "Health, safety, and nutrition" means training in establishing health practices, ensuring safety, and providing healthy nutrition.
Content area VIII: application through clinical experiences. "Application through clinical experiences" means clinical experiences in which a person applies effective teaching practices using a range of educational programming models.
In-service training completed by a staff person that is not specific to that child care center is transferable upon a staff person's change in employment to another child care program.
Ongoing training required every other calendar year (not counted toward in-service training hours)
Pediatric First Aid training for individuals as required per MN Statutes, section 245A.40, subd. 3; The director, staff persons including aides, substitutes and unsupervised volunteers must receive pediatric first aid training before having unsupervised direct contact with a child, not to exceed the first 90 days of employment, and again every other year. It is not acceptable to only train teachers and assistant teachers on first aid. Substitutes must complete first aid training within 90 days from their first day working at the center. Volunteers who have unsupervised direct contact with a child will also need to complete pediatric first aid training within 90 days from their first day volunteering at the center. Pediatric first aid training taken within the previous two years satisfies this requirement. Pediatric first aid training cannot be counted toward meeting the yearly required number of in-service hours.
Pediatric Cardiopulmonary Resuscitation (CPR) for individuals as required per MN Statutes, section 245A.40, subd. 4; The director, staff persons including aides, substitutes and unsupervised volunteers must receive pediatric CPR training before having unsupervised direct contact with a child, not to exceed the first 90 days of employment, and again every other year. It is not acceptable to only train teachers and assistant teachers on CPR. The training must include hands-on practice and an in-person skills assessment by a CPR instructor. There is not a minimum length required for the training. Pediatric CPR training taken within the previous two years satisfies this requirement. Pediatric CPR cannot be counted toward the number of yearly required in-service hours.
You must document and maintain on site, completed training for the director, staff persons, substitutes and unsupervised volunteers. Documentation must also be available that shows the individual’s start date, date of first direct contact with children and date of first unsupervised direct contact with children. Direct contact means when the individual begins assisting in the care of a child. Unsupervised direct contact means when the individual begins assisting in the care of a child without any supervision by a staff person. As is current practice, for employees hired prior to Sept. 30, 2019, licensors will look to see that employee documentation includes the start date and date of first direct contact with children. For employees hired after Sept. 30, 2019, licensors will look to see that employee documentation includes the start date, date of first direct contact with children and date of first unsupervised direct contact with children. The license holder must ensure that documentation identifies the number of hours completed for each topic with a minimum training time identified, if applicable, and that all required content is included.
The Department of Human Services has approved the following series of videos which can be used, but are not required when providing SUID training. Centers are responsible for meeting all SUID training requirements as outlined in MN Statutes, section 245A.40, subd. 5, including the standards in MN Statutes, section 245A.1435.
Please Note: The videos below include portrayals of infant sleep environments in private, non-licensed, homes that are not subject to the requirements of MN Statutes, section 245A.1435. Licensed child care providers must comply with statutory safe sleep requirements when sleeping infants including nothing in the crib except for an infant’s pacifier. In addition, attachments or modifications to the crib are prohibited. The videos below do not meet the minimum of 30 minutes required for training on Sudden Unexpected Infant Death. If providers chose to use the videos for training on SUID, additional training time will be required.
The Department of Human Services has approved the following series of videos which can be used, but are not required when providing AHT training. Centers are responsible for meeting all AHT training requirements as outlined in MN Statutes, section 245A.40, subd. 5a.
The DHS Licensed Child Care Center E-learning videos can be used for training purposes. Certificates of completion are not provided. It is up to the individual center to document the training in the center’s records, including determining if the information meets a KCF area. Develop credit is not provided.
To promote license holder success and ensure the health and safety of children, DHS established an Early and Often licensor team. The Early and Often licensors support applicants through the application process and continue to work with and support the license holder during the center’s first year of operation. The Early and Often licensor conducts four center visits during a provider’s first year of operation. The first visit is a scheduled, technical assistance visit that occurs approximately three months after the license is issued. The remaining visits in the first year are unannounced. This supportive approach has decreased the number of conditional licenses issued by the commissioner to child care centers after their first year of operation.
DHS Licensing conducts unannounced, annual inspections of licensed child care centers once each calendar year. Conducting annual inspections allows us to provide more one-on-one technical assistance, answer questions, and assist you in better understanding the licensing standards.
DHS Licensing issues amended correction orders when one or more violations on a correction order are rescinded as a result of the licensed center’s request for reconsideration from DHS. This practice is now required by state law. DHS will continue to distribute the reconsideration decision and amended correction order, when applicable, to the licensed center.
The aggregate number of deaths, serious injuries, and instances of substantiated maltreatment that occurred in licensed child care settings each year are also posted publicly on the MN Parent Aware website.
Licensors are required to issue a fix-it ticket for certain violations identified by the Commissioner that do not imminently endanger the health, safety, or rights of children. The list of violations eligible for a fix-it ticket was expanded by the Commissioner effective April 15, 2019.
A fix-it ticket will be issued for each eligible violation if you did not receive a fix-it ticket or correction order for the same violation at your last annual licensing inspection. The fix-it ticket provides an opportunity for the center to correct eligible violations and avoid receiving a correction order for these violations if they are corrected within the allotted timeframe.
Upon receipt of a fix-it ticket, you may:
Correct the violation at the time of inspection or within 48 hours (excluding Saturdays, Sundays, and holidays). For violations corrected within 48 hours, the provider must submit evidence to the licensor that the violation has been corrected within one week. If the evidence is sufficient, the fix-it ticket violation(s) are considered resolved.
If the center does not correct the violation onsite or within 48 hours and/or fails to submit evidence that the violation was corrected, the licensor must issue a correction order for the violation(s) listed in the fix-it ticket.
The fix-it ticket does not have its own appeal rights. If you disagree with a fix-it ticket violation, you can choose to not respond to the fix-it ticket within the allotted time and the licensor will issue a correction order for the violation. Upon receipt of a correction order, you will have the right to request reconsideration.
Exit interviews are required as a part of annual licensing inspections. Licensors cannot issue a correction order or other licensing action for violations of rule or law that are not discussed during an exit interview, unless the provider does not participate in or complete the exit interview. Licensors must offer an alternative time to complete the exit interview if it cannot be completed at the conclusion of an annual licensing review/inspection. The exit interview is an opportunity for you to discuss the licensing review/inspection with your licensor. The goal is to have open communication and transparency about licensing requirements in order to assist you in achieving ongoing compliance. If you do not participate in the alternate date, or return the phone call or email of your licensor, the correction order or other licensing action will be completed without additional discussion.
For licensing purposes, a license holder must maintain and store records in a manner that will allow for review by the commissioner. The following records must be maintained as specified and in accordance with applicable state or federal law, regulation, or rule:
Service recipient records, including verification of service delivery, must be maintained for a minimum of five years follow discharge or termination of service.
Personnel records must be maintained for a minimum of five years following termination of employment and
Program administration and financial records must be maintained for a minimum of five years from the date the program closes.
A license holder who ceases to provide services must maintain all records related to the licensed program for five years from the date the program closes. The license holder must notify when the commissioner of the location where the licensing records will be stored and the name of the person responsible for maintaining the stored records.
If the ownership of a licensed program or service changes, the transferor, unless otherwise provided by law or written agreement with the transferee, is responsible for maintaining, preserving, and making available to the commissioner on demand the license records generated before the date of the transfer.
In the event of a contested case, the license holder must retain records as required in paragraph (a) or until the final agency decision is issued and the conclusion of any related appeal, whichever period is longer.
A variance may be granted by the Commissioner for requirements in licensing rules that do not affect the health or safety of persons in a licensed program if certain conditions are met.
All variance requests must be submitted in the Provider Hub. General variance requests are submitted on the Variance tab. Staff variance requests are submitted on the Personnel tab.
All variance requests are submitted to licensors for approval. If further action is required by the provider, the licensor will send the provider an email notification. The variance review and approval can be seen by the provider within the Provider Hub.
General variance requests are submitted on the Variance tab within the Provider Hub.
In licensed child care centers, variance requests can be submitted for requirements to Rule 3 (Chapter 9503).
Examples of general variances that have been requested by child care centers:
A child who is developmentally ready to transition to the next age group but does not quite meet the age requirement as defined in Rule 3. For example, a variance may be granted for an infant who is 15 months old and developmentally ready to move into the toddler classroom, as agreed upon by the center and the child’s parent(s).
Hand sink in the diaper changing area is more than three feet from the diaper changing surface. A variance may be granted if the hand sink is slightly further than three feet away from the diaper changing table.
Staff qualification variances are submitted on the Personnel tab within the Provider Hub. After the personnel record is created for the staff person and the required information is entered, the Hub will give the provider the option to request a variance. The option to request a variance will only show if the staff person does not qualify for the position entered.
There are two types of staff qualification variance requests:
Track 1 variances:
This type of variance is for staff who are working toward meeting one of the qualification options for director, teacher, or assistant teacher in Rule 3. Variances are granted for the staff person's experience and/or post-secondary education for a time period in which the staff person gains the experience and/or post-secondary education needed to qualify for the position.
For a Track 1 variance, the provider will be required to request the variance and upload education and experience information on the staff person’s personnel record within the Provider Hub.
Track 2 variances:
This type of variance is for staff who are not directly working toward the full qualification requirements for one of the options for director, teacher, or assistant teacher in Rule 3. For this variance type, the staff person is required to have experience working in a licensed child care center, completed a minimum number of training hours (education) from a list of approved training organizations, and commit to completing additional training each calendar year.
Eligibility for Track 2 variances
The eligibility requirements for Track 2 variances are based on the position for which the variance is being requested:
Director: 1040 experience hours with 100 education hours.
Teacher: 1040 experience hours (640 at the current center) with 100 education hours or 4160 experience hours (640 at the current center) with 50 education hours.
Assistant teacher: 640 hours of experience at the current center with 50 education hours.
When requesting a Track 2 variance, the provider will be required to request the variance and upload education and experience information on the staff person’s personnel record within the Provider Hub. Additionally, the provider will need to submit short and long term career goals for the staff person and attest that the staff person will complete additional training while the variance is in effect.
For help finding training and creating your short and long-term career goals, contact your local Child Care Aware Office for support from a Professional Development Advisor.
If the Track 2 variance is approved
Track 2 variances are granted for a one-year period of time and require that the staff person completes ongoing training (education) requirements from the list of approved training organizations or the list of accepted college courses for Track 2 variances. The amount of training required is based on the position for which the Track 2 variance was granted:
Director: 20 hours of approved trainings each calendar year
Teacher: 14 hours of approved trainings each calendar year
Assistant Teacher: 10 hours of approved trainings each calendar year
Licensors review the individual’s progress for ongoing training. If the individual does not complete the training as required, the variance approval may be rescinded, additional variances will not be granted, and ultimately, the individual would no longer be able to work in the position approved through the variance.
The capacity on your license refers to the number of children you are licensed to serve. Your capacity is determined by multiple factors including your city zoning requirements, fire and building code requirements, the size of the physical space used to provide child care in your facility and your ability to meet equipment requirements. For further information:
