An Overview of Minnesota’s Daycare Laws
Understanding the laws and rules surrounding commercial daycare facilities is the starting place for parents in Minnesota. It is vitally important to know the preschool your child attends meets state standards. This is true whether it is based in a public school, private facility or church basement. State laws apply across the board to ensure that licensed childcare centers provide safe, nurturing environments.
Laws in Minnesota
State law outlines regulations regarding Minnesota daycare centers. These include issues directly impacting the safety and wellbeing of children (reporting abuse, ensuring proper supervision) and requirements for all centers (keeping up-to-date medical records, background checks). Minnesota daycare laws are in place to protect children and parents alike. Obtaining a license is required by all Minnesota daycare centers. This process includes an inspection by the local fire marshal, background checks on all employees and proof that staff qualities meet state standards. An up-to-date Certificate of Compliance must be displayed at all times. Not operating without a license is the first rule operators must follow. Running an unlicensed daycare can result in licensing requirements as well as civil or criminal penalties. When individuals are found to have operated without a license or providing unlicensed childcare, they may face up to 90 days in jail and/or a fine up to $1,000. Licensing officers who inspect and approve a daycare license in Minnesota are employed by the Minnesota Department of Human Services (DHS). The Family Child Care Licensing Handbook is published by the DHS and provides information regarding expectations for commercial daycare facilities . Minnesota daycare laws outline all aspects of the work involved in running a childcare center day-to-day. They also cover what needs to be done in the event of an emergency, such as a fire or the need to relocate children. Rules also cover how to deal with behavioral issues among children, including licensing requirements for using restraint. Inserting these guidelines into your response to an emergency situation keeps children out of harm’s way. Minnesota has seven licensing statutes for family childcare facilities. Laws cover everything from the facility’s location to the number of staff on the payroll and what documentation needs to be at the ready in case of an audit. Minnesota daycare statutes cover physical requirements for the facility. All equipment must fit the individual needs and abilities of the children. Many steps are in place to ensure safety, including staff training, inspections and rules against toxic substances. The reason behind consistent Governor’s Council on Developmental Disabilities (GCDD) recommendations. They provide the tools parents and operators of daycare facilities need to provide top-notch child care services. A handful of documents and manuals exist to clarify the laws and rules surrounding these facilities. The two most important are the Licensing Requirements for Family Child Care and the Rule Book for Family Child Care Providers. These manuals detail everything relative to Minnesota Daycare Laws. Administered and maintained by the DHS, these rules outline expectations those running the facilities are expected to follow.
The Licensing Process for Daycare Facilities in MN
In Minnesota, licensing of day care providers is required under Minn. Stat. § 245A.03 in residential homes, including group and foster care. First, a daycare provider must apply for a license from the county or licensing agency through the Department of Human Services (DHS). Second, the license applicant must meet certain requirements, such as submitting a license application fee and undergoing background studies. The application fee is based on the number of children in care and number of separate licenses. Further, providers must submit health records for all household members. The health records, including immunizations, have to be determined and confirmed by a health professional, who must complete the appropriate certificate of health. Moreover, providers must obtain training in areas such as identifying and preventing child abuse and neglect, recognizing and reporting child abuse and neglect, and relating with children in meaningful ways. Law enforcement must conduct background studies on the license applicant and adults living in the residence and all employees and volunteers with access to children. After obtaining a license, the daycare provider must renew the license annually by submitting a fee and statement verifying the accuracy of application information. Then, the state licensing agency must approve the continuation of the state license. The license must list its expiration date.
Health and Safety Codes for Childcare in Minnesota
Daycare facilities in Minnesota are bound by a number of health and safety standards designed to ensure the well-being of children and staff. These standards extend to diverse areas, such as sanitation protocols, emergency preparedness plans, and dietary regulations for children under care. The sanitation protocols mandated by the Minnesota Department of Human Services (MN DHS) govern the treatment of potentially hazardous materials, food preparation, the maintenance of sanitary conditions, and the cleaning of surfaces. Sanitation protocols are organized according to the age of the children in care and the risk of exposure to potentially harmful materials. These guidelines apply to every aspect of a daycare facility. For example, MN DHS outlines protocols for the placement of unsafe items (matches, cleaning supplies, etc.), sharp objects (scissors, knives, etc.), and harmful materials (paint, chemicals, etc.). Facilities with children aged 12 to 24 months are subject to more extensive sanitation requirements due to their high risk of exposure. Facilities that are licensed for infant care must separate adults and children (or provide physical barriers) to reduce the possibility of cross-contamination or exposure to hazards. Emergency preparedness plans must be developed by any licensed daycare facility in Minnesota. These plans must emphasize both fire prevention and preparation for other potential hazards, including severe weather and medical emergencies. Policies within the plans must be in compliance with state guidelines for evacuation, transportation, and first-aid measures. These guidelines also stipulate that daycare facilities must provide emergency contact numbers for at least one parent and one alternate contact for each child in care. All daycares must also have an established procedure for notifying a child’s parent or guardian in the event of an emergency. Dietary regulations for children in care are divided into two categories: basic and additional requirements. The basic requirements outline the general nutritional needs of children at different stages in development. Additional requirements call for specialized foods to accommodate dietary restrictions. In addition to the MN DHS guidelines, some counties impose additional requirements for dietary supplements. The statewide basic and additional requirements are outlined as follows: Infants (under 12 mos.) Basic Requirements: Additional Requirements: Children 12-24 months Basic Requirements: Additional Requirements: Children over 2 years Basic Requirements: Additional Requirements: Local and county regulations may also extend beyond those outlined by MN DHS. It is essential that clients work with legal professionals who are experienced in the various counties and municipalities.
The Qualifications and Background of Care Providers
Daycare providers in Minnesota must meet several educational requirements. In fact, the statute specifically provides that operators have at least a high school diploma or equivalent and that caregivers have at least a High School diploma or equivalent. (refer to Minn. Stat. § 9502.0360 Subp. 1(1-2)). The same statute explains that staff may fulfill these requirements with a notarized and signed self-attestation that they have a high school diploma or equivalent or a Transcript showing 10th grade completion.
For licensed centers, there are minimum requirements for a Director, Teacher, Teachers’ Aide, and Substitutes. Aside from educational requirements, all licensed daycare providers and caregivers must also be subject to background studies (including criminal background checks) before being allowed to work around children. (refer to Minn. Stat. § § 245A.18, 245C, and Minn. R. 9502.0365.) These background studies are done through the Minnesota Department of Human Services in accordance with the background study statutes. (refer to Minn. Stat. § § 245C.01 to 245C.34).
Other requirements for staff working in licensed cellular facilities include: (b) taking a first aid/CPR class; (c) passing a fire safety training test; (d) and completing Sudden Infant Death Syndrome (SIDS) training. (Minn. Stat. § 245A.50). SIDS training is only required for facilities serving infants. Therefore, centers and group daycare homes serving only toddlers and children over 12 months of age are not required to have staff complete SIDS training.
MN Childcare Provider to Child Ratios
A Minnesota child care center must have at least one caregiver for every eight children. For every 4 children who are infants (less than 1 year of age), the center must designate a caregiver to be on site and designated to watch them.
A Minnesota family child care provider must have enough staff or caregivers present so that there is at least one caregiver for every four child under the age of 5. For every 2 children under the age of 18 months, the Minnesota child care provider must designate one caregiver to be on site and designated to watch them.
Ratio Requirements for Minnesota Child Care Centers
• Infants (under 1 year): 1 staff person for every 4 children
• Toddlers (1-2 years): 1 staff person for every 5 children
• Two-year-olds: 1 staff person for every 7 children
• Three-year-olds: 1 staff person for every 10 children
• Four-year-olds: 1 staff person for every 13 children
• Five years and older: 1 staff person for every 15 children
Ratio Requirements for Minnesota Family Child Care Providers
• Infants (under 1 year): 4 children
• Toddlers (aged 1-2 years): 4 children
• Two-year-olds: 6 children
• Three-year-olds: 8 children
• Four-year-olds: 10 children
• Five years and older: 15 children
In addition to the above guidelines, there are maximum limitations placed on the total number of children that can be cared for in a Minnesota child care center or family child care home that includes school-aged children.
• School-aged children under the age of 8 attending Minnesota Child Care and Preschool: 30 children
• School-aged children under the age of 8 attending other public/private schools: 30 children
What the law requires is for each caregiver to meet the above ratios with the children in their care at all times. This requires that each caregiver be aware and responsible for all children in his or her care and will often require more than one caregiver to share the load of keeping track of the children in a daycare center or home. Parents should look to licensed daycare centers to have posted protocols for what to do in the event of an emergency where any unavailable caregivers would result in children being unattended.
Program and Curriculum Mandates
Program and Curriculum Standards are an important part of the licensing requirements for daycares in Minnesota. Chapter 9503.0060 of the Minnesota Administrative Rules, "Program Plans and Curriculum Requirements," lays out the minimum standards for programming that must be followed by licensed child care centers. Though it is not required that the program plan and curriculum requirements set forth by the department of human services (DHS) be followed to the letter, most agencies find they make excellent guidelines for developing a solid and effective program. In many cases, following DHS recommendations for program plans and curricula can also limit or eliminate the chances of being cited for a lack of compliance with licensing requirements.
Child Care Centers in Minnesota that maintain a license to operate are required to comply with Section 9503.0060, which goes on to state: "Subpart 1. Program schedule. A license holder must ensure that the daily program includes a balance of activities that address the developmental needs of infant and toddler, preschool-age , and school-age children."
Subpart 2. Developmentally appropriate program plan.
A. The license holder of a child care center must develop and implement a written program plan that:
B. The program plan must include:
C. The license holder must have a written, age-appropriate curriculum based on the needs and interests of children in care that is implemented in the center. The curriculum must:
These subparts make it clear that a well-rounded curriculum for licensed Minnesota childcare centers is more than just the "three Rs" long emphasized by many traditional preschools. As the last statement of Subpart 2 indicates, the curriculum for an effective daycare center should include:
The content and planning of a center’s program is often absolutely critical to the success of the business. Even if you are not required to follow the program plan and curriculum standards of DHS, the absence of such a plan from the beginning could leave your program directionally challenged at best. More importantly, the development of a comprehensive program plan will help you ensure your program meets DHS standards, especially if you ever do find yourself faced with an audit or inspection by DHS.
Reporting Requirements and Record Keeping for Childcare Providers
In addition to the operational guidelines discussed elsewhere in this Guide, Minnesota daycare centers are required to maintain certain records that 1) memorialize the operation of the daycare center, including records about the daycare center’s employees, as well as records about children in care, 2) aid in compliance monitoring, and 3) ensure accountability and transparency to the public.
Daycare centers must maintain certain records for each child in its care. These records must include the following: All employees must undergo background studies in order to be licensed. Minnesota Statute § 245C.03 provides that a "background study" is performed on an individual to determine if the individual is suitable to work with, or have access to children. The background study performed by the Minnesota Department of Human Services Division of Licensing includes a criminal history background check, a check of the Minnesota Bureau of Criminal Apprehension and National Crime Information Center, and an applicant self-disclosure statement. The background study is the primary means by which the state of Minnesota ensures that individuals who provide services to children are safe. Daycare centers are required to maintain the results of background studies on staff as part of their compliance obligations. The reporting and record-keeping requirements are an important part of Minnesota’s regulatory framework for daycare centers. Because of the nature of the children served, Minnesota mandates both reporting and documentation requirements. These requirements protect children and their families.
Inspection and Compliance Guidelines
Enforcement and Inspection Processes
The Minnesota Department of Human Services provides the public with an overview of what a typical inspection looks like. During an inspection, each inspector reviews the facility for compliance with all licensing statutes and licensing requirements in Minnesota Rules, chapters 9502 through 9503. If violations are found:
The Department is charged with evaluating the relative risk to children of the violation. The serious implications of child abuse or neglect are reflected in the risk rating of a violation.
24-hour family child care references violations as: "A violation that has a high potential to cause injury or death to a child. No remedies may be taken to mitigate the potential risk to a child. A program shall be temporarily closed. Written notice must be sent to a licensing supervisor. An individual may have two high risk violations in a 12 month period prior to a licensing visit."
Information for Parents and Caregivers
Both daycare providers and parents have access to a variety of resources that provide essential information regarding Minnesota daycare regulations. The Minnesota Department of Human Services provides printable handbooks for both family child care providers and also for child care center providers. These handbooks lay out the regulations-as well as exemptions from regulation-for every possible scenario related to daycare. Because neither family child care nor child care centers are regulated by law once in-home daycare is established , there are no child care providers exempt from regulation.
The Minnesota Department of Human Services has also created work groups that allow for open communication between the Department and greater Minnesota child care communities, who can submit recommendations for policy changes to the Department. Families who have questions about licensing can contact their local county, tribal or state office of the Department of Human Services. It is always in your best interest to have legal representation before speaking with authorities regarding your work or your child.