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START A DAYCARE IN MINNESOTA
LICENSING, REGULATIONS, LAWS
A Minnesota child care center may render services to one or to a variety of age categories of children such as infants, toddlers, preschoolers, and school age children.
Infants are children aged at least 6 weeks but less than 16 months; toddlers are at least 16 months of age but less than 33 months old; preschoolers are at least 33 months old but have not attended kindergarten yet; and school age children are those who have at least attended first days of kindergarten but are less than 13 years old.
Child Care Programs
A licensed child care center may offer one or more child care programs such as Day Program, Drop-in Child Care Program, Night Care Program, and Sick Care Program.
A Day Program is a child care rendered during the waking hours at approximately 6 am to 6 pm.
A Drop-in Child Care Program is rendered for more than 30 days within a year and is not excluded by Minnesota Statutes. In this program, child care is not provided to a child for more than 5 hours in a day or 40 hours in a month. A center that provides this program is exclusively licensed to render drop-in child care without ongoing stable enrolment.
A Night Care Program is a child care rendered during sleeping hours at approximately 6 pm to 6 am.
A Sick Care Program is child care provided to a sick child.
Child Care Center Staff Qualifications
Before any person shall be allowed to work in a child care center, qualifications sought in a child care employee shall be met. Basically, a child care center staff shall have experience and training on child care or early childhood development before rendering any service in a child care center.
Directors
A child care center director must:
a. be at least 18 years old;
b. have a high school diploma or its equivalent attained through successful completion of the general education development (GED) test;
c. have at least 1,040 hours of paid or unpaid staff supervision experience; and
d. have at least 9 quarter credits or 90 hours earned in any combination of accredited courses in staff supervision, human relations, and child development.
If a director also acts as a teacher in child care center or develops its child care program plan, the director must meet the qualifications stated in the teacher category.
Teachers
A teacher in a child care center shall be 18 years of age and comply or meet with the qualifications such as follows:
Teacher Education and Experience Requirements
A registered nurse or a licensed practical nurse or a medical practitioner can be a teacher in a child care center.
A registered nurse may be counted in a staff-child ratio for sick care in a center that is licensed to provide Sick Care Program.
Assistant Teachers
An assistant teacher must be at least 18 years of age and shall work under the supervision of a teacher.
A registered nurse or a licensed practical nurse or a medical practitioner can be an assistant teacher in a child care center for infants only.
A registered nurse may be counted in a staff-child ratio for sick care in a center that is licensed to provide Sick Care Program.
Teacher Education and Experience Requirements
| Column A | Column B |
| (1) High school diploma or General Education Development(GED) equivalency | Experience: 2,080 hours as an aide or student intern Education: 12 quarter credits |
| (2) Minnesota license as a family day care or group family day care provider | Experience: 2,080 hours as a licensed family day care or group family day care provider Education: 12 quarter credits |
| (3) Diploma from Association Montessori International or preprimary credential primary diploma, or provisional certificate from the American Montessori Society | Experience: 520 hours as an aide or student intern Education: three quarter credits |
| (4) Minnesota technical institute certificate as a Child Development Assistant | Experience: 520 hours as an aide or student intern Education: no additional required |
| (5) Two years full-time postsecondary education from a college or university | Experience: 1,040 hours as an aide or student intern Education: nine quarter credits |
| (6) Child Development Associate credential, center based or for family day care, from the Council for Early Childhood Professional Recognition | Experience: no additional required Education: no additional required |
| (7) Baccalaureate degree in any field from an accredited college or university | Experience: no additional required Education: nine quarter credits |
| (8) Certificate or credential for a two year program in child development or early childhood education at a Minnesota community college or technical college | Experience: no additional required Education: no additional required |
| (9) License from the Minnesota Department of Children, Families, and Learning for Prekindergarten Associate | Experience: no additional required Education: no additional required |
Volunteers, Aides, Substitutes
Qualifications for Volunteers
All volunteers counted in the staff-child ratio of a child care center shall pass the qualifications for a center volunteer. A center staff shall supervise a volunteer when tasked to care or have a direct or physical contact with children in care.
Qualifications for Aides
An aide carries out or performs tasks in a child care center and is under 18 years of age shall always work under the supervision of a teacher or assistant teacher except when the aide is assisting with the supervision of sleeping children or assisting children in toileting, washing, and diapering. Anyone who is at least 16 years of age can be a child care center aide.
Qualifications for Substitutes
A substitute shall meet the requirements or qualifications for the substituted position except when the substitute is appointed by the licensee only if: the unqualified substitute does not render services exceeding 40 hours multiplied by the number of the center's full-time teacher and assistant teacher positions; the unqualified substitute will not perform duties of a teacher or assistant teacher for more than 10 consecutive working hours for the same group of children per calendar year; and there is a qualified teacher present in the center.
Orientation, First Aid, and In Service Training
Orientation Training
All child care staff including volunteers who have direct supervision or physical contact with children shall attend an orientation on child care rules and unless the training is not completed, a staff shall not be allowed to start performing their duties. All staff shall be documented and staff's individual training records shall be kept in file. Part of the orientation will be each employee's responsibility that the Minnesota Statutes shall be strictly implemented.
First Aid Training
All child care center teachers and assistant teachers or at least one person who is in charge to be present in a vehicle transporting children one location to another shall have an 8-hour first aide training. The training shall be attended within 90 days from the day of employment and satisfactorily completed every 3 years.
A licensed physician, a registered nurse, licensed practical nurse or any individual certified by the American Red Cross as a first aid instructor may conduct first aide training.
At least one staff trained on first aide must always be present during the operation of a child care center and during field trips.
Cardiopulmonary Resuscitation (CPR) Training
A child care center must have at least one CPR-trained staff present at all times when children are in care and at least one must accompany children who are going out on field trips. That person must have completed a 4-6-hour CPR training before starting to work in a child care center. A current certification in CPR by the American Red Cross or American Heart Association can be a substitute for this training.
The CPR training must be provided or approved by the American Health Association, American Red Cross, licensed physician, registered nurse, or licensed practical nurse.
A CPR training must be documented and a record shall be kept in the child care center's personnel record.
In Service Training
A license child care center shall develop and carry out an annual in service training for all child care staff.
The in service training must be in congruence with the child care program of the center, meet the training needs of each staff, at least one-fourth of the training resource must not be affiliated with the child care operator.
The in service training must include areas in early childhood development, including caring for children with special needs; early childhood education methods or theory; curriculum planning; child study techniques; family studies; parent involvement; behavior guidance; child nutrition; child health and safety; recreation, sports, arts, and crafts methods or theory; early childhood special education methods or theory; or child abuse and neglect prevention.
In service training shall be documented and a record of which will be kept in the personnel file of the center. Trainings on first aide and CPR are counted as in service training.
Staff-Child Ratio
The acceptable staff to child ratio and maximum group size of children to be enrolled in a Minnesota child care center shall be as follows:
| Age Category | Minimum Staff: Child Ratio | Maxmimum Group Size |
| Infant | 1:4 | 8 |
| Toddler | 1:7 | 14 |
| Preschooler | 1:10 | 20 |
| School Age Child | 1:15 | 30 |
Staff Distribution
A child care center shall comply with the requirements for assigning duties to each of its staff and kept in an administrative record as follows:
- a child care center teacher, assistant teachers or aide who is assigned in the direct supervision of children shall be counted in the staff to child ratio;
- an assistant teacher may be substituted for a teacher during morning arrival and afternoon departure times if the total arrival and departure time does not exceed 25 percent of the center's daily hours of operation; and
- the allowable maximum group size in a child care center is applicable at all times except during periods of easting, outdoors activities, naps and rest, field trips, and special occasions
Child Care Program Plan
All child care centers must plan and develop a child care program plan that is written in form and made sure that the plan is implemented according to the Minnesota Statutes.
The child care program plan must:
- have an affirmation of programs for keeping children in care supervised at all times;
- indicate the age categories and number of children to benefit from the program;
- indicate the days and number of hours that child care center shall be operating;
- describe the educational methods employed in the program;
- be annually developed and evaluated in writing by a center staff qualified as a teacher, state the program objectives;
- specify activities that are developmentally appropriate to the children;
- specify how the intellectual, social, physical, and emotional progress of each child shall be documented;
- provide a schedule of daily activities;
- provide for a variety of activities that require the use of equipment and materials; and
- be available upon request and review of parents.
Interest Areas
All child care centers that operate in more than 3 hours per day shall provide and supply equipment and materials that can be used or placed in interest areas where children can have access of. This rule exempts child care programs that serve only preschool children and operate in less than 3 hours per day.
Interest areas that a child care center must provide include:
- a. creative arts and crafts;
- b. construction;
- c. dramatic or practical life activities;
- d. science;
- e. music;
- f. fine motor activities;
- g. large muscle activities; or
- h. sensory stimulation activities.
Naps and Rest
All licensed child care centers shall develop and plan a naps and rest policy that is consistent with the children's developmental level.
Policies on naps and rest must be consulted with or informed to the parents.
A child in care who has completed a nap or rested for 30 minutes shall not be forced to stay in a cot or bed.
Napping and resting area shall be separated from activity areas. Sleeping or resting cots, cribs, cots shall have an adequate interval or spaces to allow children and adults to have access to one sleeping or resting child to another. All sleeping or resting equipment must not be stacked when not in used. They shall always be ready for us anytime. Each shall in care shall be provided with a separate bedding which is washed weekly or immediately when necessary.
Each infant in care shall be provided with a crib that is sturdy and safe conforming to the Code of Federal Regulations.
Behavior Guidance
A child care center must have written behavior guidance policy ensuring that this is carried out.
A child care center's behavior guidance policy must:
- a. ensure that the center provides each child a positive model of acceptable behavior;
- b. be consistent with the children's developmental level;
- c. provide constructive activities that will redirect children from conflicts;
- d. be able to teach children to adopt acceptable behavior in coping with problems;
- e. protect safety of staff and children; and
- f. provide acceptable and immediate consequences for a child's unacceptable behavior.
Unacceptable Behavior
A child care center must have a written policy on how a child's unacceptable behavior shall be corrected or how a child with persistent unacceptable behavior shall be given attention at an increased amount of time for guidance from staff. A staff person is expected to record all unacceptable actions or behavior displayed by a child while in care and how shall the problem documented be addressed. This shall be consulted with parents and professionals if necessary.
Prohibited Actions
A licensed child care center shall enforce a policy that will prohibit the following actions by a staff when dealing with children's unacceptable behavior:
- a. corporal punishment to a child including rough punishment or handling, shoving, ear pulling, hair pulling, slapping, shaking, biting, kicking, pinching, spanking, and hitting;
- b. emotional abuse including name calling, shaming, ostracism, derogatory remarks about the child or his or her family, and foul language that threatens, frightens or humiliates a child;
- c. separation of a child from the group except when the child's persistent unacceptable behavior is threatening the wellbeing of other children in care; a parent whose child has been separated from the group three times or more in a day shall be notified; the separation room shall be accessible to a center staff for supervision or monitoring;
- d. punishment for lapses in toilet habits;
- e. children not being fed nor withheld from warmth, clothing and medical care;
- f. use of physical restraint when a child's needs to be contained or separated from the group; and
- g. mechanical restraint including tying.
Supplies, Furnishings, Materials, and Equipment
All licensed child care centers shall provide equipment necessary to fully implement a child care program. Equipment must be sufficient in number provided for each child or for the licensed maximum group size. All equipment shall be age-appropriate and developmentally appropriate for children and shall be made accessible anytime according to the child care program plan.
The following equipment shall be present in a child care center strictly conformed to the Minnesota Statutes on child care:
- Cognitive development equipment and materials. These are designed to enhance a child's intellectual development components such as skills and abilities in problem solving, observation, group, and symbol recognition;
- Dramatic play equipment. This include large or miniature play sets, dress up clothes, figures, and building blocks that can help stimulate a child's imagination and practical skills;
- Large muscle equipment. Designed to enhance large muscle development and coordination including playground toys such as large boxes, pillows, wheel toys, pull toys, jump ropes, balls, rocking boats, and climbers;
- Manipulative equipment. Designed to enhance a child's motor development and coordination with toys like pegs, puzzles, peg boards, interlocking plastic forms, beads and strings, and carpentry materials; and
- Sensory stimulation materials. Stimulating objects other than pictures. This include different shapes, textures, colors, and objects that stimulate the visual and tactile sensory of a child.
Infants
A child care program for infants shall provide for a convenient, comfortable, and safe environment for infants.
Furnishings such as carpet, infants' seats and non-folding child size chairs, changing table and diaper container, crib and waterproof mattress, and one linear open shelf shall be provided in infants' room.
Program materials such as books, soft building blocks, mobility equipment such as strollers and wagons, manipulative equipment such as shape toys and clutch balls, mirror made of Plexiglass or equivalent material, music source such as a record player, sound-making toys, and visual and tactile sensory stimulation materials shall also be present in an infants' area.
Infants' supplies shall be made sure to have a sufficient volume such as blankest and sheets, disposable paper, diapers, facial tissue, service towels, and liquid hand soap.
Toddlers
A child care program for toddlers shall provide for a convenient, comfortable, and safe environment for toddlers.
Furnishings such as carpet or area rug, non-folding child size chairs including high chairs, changing table and foot-operated covered diaper container, cots and mats, partially enclosed space, and child-size table edge.
Program materials such as arts and crafts, books, small and large building blocks, dramatic play equipment or sets of Montessori Practical Life equipment per group, Montessori Practical Life exercises, double easels, durable indoor and outdoor large muscle equipment, cognitive developmental equipment and materials, manipulative equipment such as interlocking plastic forms or beads and strings, mirror made of Plexiglass or equivalent material, music source such as a record player, sound-making toys, soft washable toys, and visual and tactile sensory stimulation materials shall also be present in an infants' area.
Toddlers shall be provided with an adequate supply of disposable paper, diapers, facial tissue, service towels, and liquid hand soap.
Preschoolers
A child care program for preschoolers shall provide for a convenient, comfortable, and safe environment for preschoolers.
Furnishings such as carpet or area rug, non-folding child size chairs, cots and mats and waterproof mattresses, partially enclosed space for quiet activity, wall or bulletin board that is 2 sq ft and at positioned at the child's eye level, one linear foot of open shelving, and child-size table edge.
Program materials such as arts and crafts, books, small and large building blocks, dramatic play equipment or sets of Montessori Practical Life equipment per group, double easels, durable indoor and outdoor large muscle equipment, cognitive developmental equipment and materials, manipulative equipment such as interlocking plastic forms or beads and strings, mirror made of Plexiglass or equivalent material, music source such as a record player, rhythm instruments, and pictures placed on the wall at the child's eye level.
Preschoolers shall be provided with an adequate supply of facial tissue, service towels, and liquid hand soap.
School Age Children
A child care program for school age children shall provide for a convenient, comfortable, and safe environment for school age children.
Furnishings such as carpet or area rug, non-folding child size chairs, partially enclosed space for quiet activity, wall or bulletin board that is 2 sq ft and at positioned at the child's eye level, one linear foot of open shelving, and table edge.
Program materials such as arts and crafts, books, small and large building blocks, dramatic play equipment or sets of Montessori Practical Life equipment per group, durable outdoor large muscle equipment, cognitive developmental equipment and materials, manipulative equipment such as interlocking plastic forms or beads and strings, mirror made of Plexiglass or equivalent material, music source such as a record player, musical or rhythm instruments, pictures placed on the wall at the child's eye level, and recreational equipment or sports.
Age school children shall be provided with an adequate supply of facial tissue, service towels, and liquid hand soap.
Special Needs Children
A special needs child is defined as a child at least six weeks old but younger than 13 years old who:
- a. has mental retardation or a related condition and has an individual education plan specifying child care to be provided by the center according to Minnesota Statutes;
- b. has been identified by the local school district as a handicapped child as specified in Minnesota Statutes and has an individual education plan specifying child care to be provided by the center according to Minnesota Statutes; or
- c. has been determined by a licensed physician, psychiatrist, licensed psychologist, or licensed consulting psychologist as having a special need relating to physical, social, or emotional development.
A licensed child care center shall report to the child's parent of any diagnosis or identified special needs child which may not be reported by the parent at enrolment.
A child care center that admits a special needs child must have a child care program plan specific for the special needs of the child. The center shall specify in writing the detailed methods on how the child shall be handled or treated by the center staff. The center shall provide or develop an individual child care program or educational plan to be carried out by the center for the child with special needs.
Night Care Program
A licensed child care center shall comply with the requirements provisioned in Minnesota child care laws when providing a night care program.
All children who will stay in the center for the night shall be provided each a clean crib, cot, or mat with clean waterproof mattress for very young children such as infants and toddlers or linens. Clean towels and washcloths shall also be provided for other age categories that would need these supplies.
A clean and appropriate night garment shall be provided for each child who is enrolled in a night care program. Personal effects that children would need for cleanup such as toothbrush, toothpaste, washcloth, and liquid hand soap must be provide for the children in a night care program.
An evening meal from 6 pm to 7 pm shall be provided for each child present at that time in the center. A bedtime snack shall also be provided for each child in attendance. The types of snacks to be given to children shall be known by the parents.
During the operation of a night care program, there shall be at least 2 staff persons who qualify as a teacher present in the center at all times. Supervision and monitoring of children asleep shall be provided.
Bedtime washing and changing for school boys and girls must be separate.
Infants must be supervised when asleep and their sleeping area must be separate from older children's activity area.
Drop-In Child Care Program
A licensed child care center offering a drop-in child care program must ensure that it is supervised by a staff person who qualifies as the director or teacher.
In this program, there must be at least two center staff present at the center while the program is in operation at all times.
The staff to child ratio in a drop-in child care program must be for:
- a. infants ages 6 weeks through 16 months, one staff person for every four infants;
- b. children ages 17 months through 29 months, one staff person for every seven children; and
- c. children ages 30 months through 12 years, one staff person for every ten children.
Staff to child ratio for children ages 30 months through 12 years may still be increased up to 4 children but only for a time period not exceeding 20 minutes or when an additional center staff person arrives.
Sick Children in Care
The child must be isolated from the group of other children to avoid transfer of disease if the following conditions are observed:
- a. reportable illness or condition that the commissioner of health or a licensed physician determine to be contagious and had no sufficient treatment to reduce the health risk to others;
- b. chicken pox until the child is no longer infectious or until the lesions are crusted over;
- c. had vomited two or more times since admission that day;
- d. abnormally loose stools since admission that day;
- e. contagious conjunctivitis or pus draining from the eye;
- f. who has a bacterial infection such as streptococcal pharyngitis or impetigo and has not completed 24 hours of antimicrobial therapy;
- g. who has unexplained lethargy;
- h. who has lice, ringworm, or scabies that is untreated and contagious to others;
- i. who has a 100 degree Fahrenheit axillary or higher temperature of undiagnosed origin before fever reducing medication is given;
- j. who has an undiagnosed rash or a rash attributable to a contagious illness or condition;
- k. who has significant respiratory distress;
- l. who is not able to participate in child care program activities with reasonable comfort; or
- m. who requires more care than the program staff can provide without compromising the health and safety of other children in care.
Sick Care Program
If a licensed child care center provides child care program for sick children, the sick care program must comply with the requirements specified in Minnesota child care laws and the standards of the commissioner of health governing the group care of children. The sick care program must be reviewed and approved by a licensed physician with specialization in pediatric care. The program is also reviewed quarterly by a health consultant.
There shall be a separate area for caring for sick children in a child care center and the parents must be provided with the center's health care policies and they shall be notified immediately in case of emergencies.
There shall always be a one to four staff-child ratio in a room used to care for sick children. At least one staff person designated to supervise sick children must be a registered nurse by the Board of Nursing.
Rooms or areas occupied by sick children shall always be disinfected and cleaned daily including all furnishings, linens, objects, and equipment used by sick children.
Policies for Parents
Upon the child's enrolment in a child care center, the parents shall be given written information on the following:
- a. licensed age and number of children served by the center;
- b. hours and days of operation;
- c. licensed child care programs of the center;
- d. center's policy on parent conferences and notification of their child's progress;
- e. center's policy requiring a health care summary and immunization record of a child;
- f. center's policy for children who become sick while in the center;
- g. center's policy for administering first aide;
- h. center's policy on the administration of medicine and permission requirement for the administration of ipecac syrup;
- i. procedures for field trips;
- j. procedures for obtaining parental permission before exposing or involving a child in research, public relations activity, or experimental procedure;
- k. center's policies on the provision of meals and snacks;
- l. center's behavior guidance policies and procedures;
- m. presence of pets;
- n. center's policy on parents paying a visit to their children in care during hours of operation; and
- o. telephone number of the Department of Human Services, Division of Licensing.
A licensed child care center shall make sure that it provides information to parents regarding their child's progress in the center.
Planned at least twice a year, a parent conference is aimed at giving parents information on the status of their children including development in intellectual, social, physical, and emotional wellbeing.
For infants and toddlers, the center shall provide the parents a daily record of the child's food intake, sleeping patterns, elimination, and general behavior.
Administrative Records
A licensed child care center shall keep in file and make available records for inspection by a commissioner including the following:
- a. a record of the information given to parents;
- b. personnel records;
- c. children's records;
- d. child care program plan;
- e. accident, injury, emergency, and incident records;
- f. staff distribution schedule;
- g. separation reports; and
- h. report by the health consultant.
Transportation
A licensed child care center before providing transportation to children in care must comply with the following requirements:
- a. the driver of the vehicle must hold a Minnesota driver's license;
- b. staff to child ratio must be maintained;
- c. when children are transported via a private car and there are more than 4 children being transported, a second adult must be present;
- d. when the license holder provides transportation to and from the center, a second adult must be present in the vehicle and children must not be transported more than 1 hour per one-way trip. A two-way communication system can be used in lieu of a second adult when 10 or fewer children are being transported; and
- e. children who are being transported shall be restrained in accordance with the Minnesota Statutes and a child under age 4 must be fastened in a child passenger restraint system complying with the motor vehicle safety standards contained in Code of Federal Regulations
Facility
A child care center must comply with the Minnesota State Building Code if the location of the center adopts such Code. Otherwise, applicable local building ordinances shall be complied with.
A child care center shall be inspected by a fire marshal within 12 months before initial issuance of license. No license shall be granted by the commissioner unless a written approval of compliance from the Minnesota Uniform Fire Code is received. The commissioner may request for reinspection if it is suspected that there are still hazards that exist.
A child care center's floor plan shall be designed only for carrying out child care activities and programs during hours of operation. There shall be enough space for the maximum group size of children in care.
Each child shall be provided a personal storage space for personal belongings and the storage space shall be accessible to children.
Indoor and outdoor activity areas shall comply with standards including provision of necessary and appropriate equipment for learning and play.
The child care structure must be free from hazards or potential danger to children in care such as hot surfaces, electrical outlets, water hazards and other hazardous areas.
A minimum temperature of 68 degrees Fahrenheit must be maintained in indoor areas used by children.
FIND A DAYCARE OR CHILD CARE IN MINNESOTA
- Albert Lea
- Andover
- Anoka
- Apple Valley
- Austin
- Blaine
- Bloomington
- Brooklyn Center
- Brooklyn Park
- Burnsville
- Champlin
- Chanhassen
- Chaska
- Columbia Heights
- Coon Rapids
- Cottage Grove
- Crystal
- Duluth
- Eagan
- Eden Prairie
- Edina
- Elk River
- Faribault
- Fridley
- Golden Valley
- Hastings
- Hibbing
- Hopkins
- Inver Grove Heights
- Lakeville
- Lino Lakes
- Mankato
- Maple Grove
- Maplewood
- Minneapolis
- Minnetonka
- Moorhead
- New Brighton
- New Hope
- Northfield
- Oakdale
- Owatonna
- Plymouth
- Prior Lake
- Ramsey
- Red Wing
- Richfield
- Rochester
- Roseville
- Rulien
- Savage
- Shakopee
- Shoreview
- South St Paul
- St Cloud
- St Louis Park
- St Paul
- West St Paul
- White Bear Lake
- Willmar
- Winona
STATE LICENSING CONTACT
Department of Human Services;
Division of Licensing
444 Lafayette Rd
St. Paul, MN 55155-3842
Phone: (651) 296-3971
Web Page: http://www.dhs.state.mn.us/main/idcplg?IdcService=GET_DYNAMIC_CONVERSION &RevisionSelectionMethod=LatestReleased&dDocName=id_057547