5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: In Minnesota, licensed child care centers are generally described as care offered in non- residential settings, with larger numbers of children in care. An individual or organization must obtain a license to provide care or supervision to a child, unless exempt by state law. Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. b. Identify the family child care providers subject to licensing: In Minnesota, licensed family child care is generally described as the care for no more than 14 children at any one time in a residential setting (though, licensed family child care can be provided in other settings, such as within a religious or commercial building). An individual who intends to care for children from more than one unrelated family must obtain a license. Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: N/A Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. The exemptions in Minnesota Statutes, section 142B.05, subd 2 related to CCDF-eligible center-based provider are: (5) programs operated by a public school for children 33 months or older; (11) recreation programs for children or adults that are operated or approved by a park and recreation board whose primary purpose is to provide social and recreational activities; (12) Programs operated by a school as defined in section 120A.22, subdivision 4; YMCA as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in section 315.51, whose primary purpose is to provide child care or services to school-age children; (13) Head Start nonresidential programs which operate for less than 45 days in each calendar year; (15) programs for children such as scouting, boys clubs, girls clubs, and sports and art programs, and nonresidential programs for children provided for a cumulative total of less than 30 days in any 12-month period; (18) Camps licensed by the commission of health under Minnesota Rules, Chapter 4630; (26) a program serving only children who are age 33 months or older, that is operated by a nonpublic school, for no more than four hours per day per child, with no more than 20 children at any one time, and that is accredited by: (i) an accrediting agency that is formally recognized by the commissioner of education as a nonpublic school accrediting organization; or (ii) an accrediting agency that requires background studies and that receives and investigates complaints about the services provided. A program that asserts its exemption from licensure under item (ii) shall, upon request from the commissioner, provide the commissioner with documentation from the accrediting agency that verifies: that the accreditation is current; that the accrediting agency investigates complaints about services; and that the accrediting agency's standards require background studies on all people providing direct contact services; and (30) Head Start programs that serve only children who are at least three years old but not yet six years old. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Minnesota Statutes, section 142B.05, subd 2 exempts center-based providers from licensing requirements for the following reasons: 1. Length of day and threshold of number of children in care ￿ a program serving children who are age 33 months or older, that is operated by a nonpublic school, for no more than four hours per day per child, with no more than 20 children at any one time, and that is accredited. 2. Ages of children in care ￿ a public school program serving children 33 months or older, a private school or YMCA program serving school-age children, and a Head Start program serving children who are at least three years old. 3. Days of service ￿ a Head Start program operating less than 45 days/calendar year, and nonresidential program provided for a cumulative total of less than 30 days/12-month period. 4. Type of program- a program for scouting, boys clubs, girls clubs, sports, or art, and a park & rec program. 5. Programs monitored by other entities ￿a public school program for children 33 months and older, and a camp licensed by the commission of health iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. These exemptions do not endanger the health, safety, and welfare of children, because in the majority of cases, the programs are generally approved/regulated/accredited by another unit of government (e.g., public school district; local park board; Minnesota Department of Health) or another organization with federal or local or national board oversight (Head Start; YMCA; YWCA; accredited nonpublic schools; scouting, etc.). These governing bodies generally have some oversight functions and most require background checks of staff. b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. The exemptions in Minnesota Statutes, section 142B.05, subd 2 related to family child care providers are: (1) residential or nonresidential programs that are provided to a person by an individual who is related unless the residential program is a child foster care placement made by a local social services agency or a licensed child-placing agency, except as provided in subdivision 2a; (2) nonresidential programs that are provided by an unrelated individual to persons from a single related family. Family child care providers who provide child care only to related children and/or provide child care to children from a single unrelated family at one time are exempt from licensing requirements. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. To be a CCDF-eligible provider, a family child care provider exempt from licensing requirements must: (1) Be at least 18 years of age; (2) Not be a member of the MFIP (Minnesota Family Investment Program) assistance unit, or a member of the family applying for or receiving child care assistance; (3) Not live in the same home as the child whose family is applying for or receiving child care assistance; (4) Provide child care only to related children, and/or provide child care to children from a single unrelated family at one time. Related means the provider is the child’s sibling, grandparent, great-grandparent, aunt, or uncle of the child, based on blood relationship, marriage or court decree. Cultural or Tribal relationships that do not meet this definition are not considered related for purposes of determining provider training requirements (5) Have current certification in First Aid and CPR and other training if required based on child age and relationship to provider; (6) Not be excluded or debarred in another Department of Children, Youth and Families (DCYF) program; (7) Not be determined (or not live with someone who has been determined) disqualified from providing direct care services through the background study process. MFIP is Minnesota's TANF program. Family child care providers exempt from licensure who participate in the Child Care Assistance Program can care for up to eight children age 11 and younger and for additional children age 12 and over as allowed under Minn. Stat. § 142E.01, subd. 4. Within the limitation of eight children, the following age distributions apply: No more than two children who are at least six weeks old but less than 12 months old; No more than three children who are less than 24 months old; and No more than six children age five or younger. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. To be a CCDF-eligible provider, a family child care provider exempt from licensing requirements must: (1) Be at least 18 years of age; (2) Not be a member of the Minnesota Family Investment Program (MFIP) assistance unit, or a member of the family applying for or receiving child care assistance; (3) Not live in the same home as the child whose family is applying for or receiving child care assistance; (4) Provide child care only to related children, and/or provide child care to children from a single unrelated family at one time. Related means the provider is the child’s sibling, grandparent, great-grandparent, aunt, or uncle of the child, based on blood relationship, marriage or court decree. Cultural or Tribal relationships that do not meet this definition are not considered related for purposes of determining provider training requirements (5) Have current certification in First Aid and CPR and other training if required based on child age and relationship to provider; (6) Not be excluded or debarred in another Department of Children, Youth and Families (DCYF) program; (7) Not be determined (or not live with someone who has been determined) disqualified from providing direct care services through the background study process. MFIP is Minnesota’s TANF program. There are other significant requirements that protect the health, safety, and well- being of children being cared for by these providers including: attestation to receipt of, understanding of and adherence to extensive health and safety related guidance; completion of an emergency plan; responsibility to report certain health and safety related incidents; and unrelated providers are subject to an annual monitoring visit. There are also local agency requirements to respond to health and safety related reports and complaints for these providers. c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. The exemptions in Minnesota Statutes, section 142B.05, subd. 2 related to in- home child care providers are: (1) residential or nonresidential programs that are provided to a person by an individual who is related unless the residential program is a child foster care placement made by a local social services agency or a licensed child-placing agency, except as provided in subdivision 2a; (2) nonresidential programs that are provided by an unrelated individual to persons from a single related family. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. To be a CCDF-eligible provider, an in-home provider exempt from licensing requirements must: 1) Be at least 18 years of age; 2) Not be a member of the MFIP assistance unit, or a member of the family applying for or receiving child care assistance; 3) Not live in the same home as the child whose family is applying for or receiving child care assistance; 4) Provide child care only to related children, and/or provide child care to children from a single unrelated family at one time. Related means the provider is the child’s sibling, grandparent, great-grandparent, aunt, or uncle of the child, based on blood relationship, marriage or court decree. Cultural or Tribal relationships that do not meet this definition are not considered related for purposes of determining provider training requirements. 5) Have current certification in First Aid and CPR and other training if required based on child age and relationship to provider; 6) Not be excluded or debarred in another Department Children, Youth and Families (DCYF) program; 7) Not be determined (or not live with someone who has been determined) disqualified from providing direct care services through the background study process. In-home providers exempt from licensure who participate in the Child Care Assistance Program can care for up to eight children age 11 and younger and for additional children age 12 and over as allowed under Minn. Stat. § 142E.01, subd. 4. Within the limitation of eight children, the following age distributions apply: No more than two children who are at least six weeks old but less than 12 months old; No more than three children who are less than 24 months old; and No more than six children age five or younger. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. In addition to the requirements listed in 5.1.2(c)(ii) for license exempt in-home child care providers participating in the Child Care Assistance Program, there are other significant requirements that protect the health, safety, and well-being of children being cared for by these providers including: attestation to receipt of, understanding of and adherence to extensive health and safety related guidance; completion of an emergency plan; responsibility to report certain health and safety related incidents; and unrelated providers are subject to an annual monitoring visit. There are also local agency requirements to respond to health and safety related reports and complaints for these providers.