August 1, 2018 In Uncategorized

What you need to know about Child Care Licensure

The state of Minnesota, through the Department of Human Services: Licensure Division, licenses family child care and child care centers to protect the health, safety, and the individual rights of children.  Generally speaking, child care providers must be licensed if they:


  1. Operate as a “day program” between waking hours (between 6: am and 6: pm) and:
    1. operates more than 30 days in any 12-month period; or
    2. provides care to anyone child for more than 30 days in any 12-month period and 45 hours in any calendar month.
  2. Act as a “drop-in” program in which children participate in a onetime only or occasional basis (up to a maximum of 90 hours per child, per month).
  3. Act as a “night care program” providing child care during regular sleeping hours (approximately 6 p.m. to 6 a.m.).
  4. Act as a “sick care program” in the business of providing care to sick children.
  5. Act as a “school-age child care program,” providing care to a child or children, between 4 months before the age they are eligible to enter kindergarten until 13.


The list of programs however it not exhaustive and exemptions to the requirements may exist for specific child care programs, based on consideration like their setting; the population of children served; the services provided; the number of children served; the and/or the length of service.  If applying for an exemption, or you believe an exception applies to you, consult an attorney, rather than waiting for the Division to show up at your door with a fine.


The Division is responsible for more than conducting investigations of alleged licensure violations.  The Division oversees compliance with licensing requirements; processes exemptions; acts as your go-to source for technical assistance; and issues corrective orders.  If you are a licensed childcare facility, you can expect a visit from the Division at least every two years to verify you are complying with their rules.


In addition to compliance with state rules, child care programs must comply with local regulations.  Certain licensing functions have been expressly delegated to counties and private agencies (for example: county social service agencies assist in processing licensure applications and monitor family child care and child foster care programs).  Child care programs are also subject to health, building, fire code and zoning approval.


When a child care program is determined to be in violation of state, county or city rules, action may be taken against the program’s license ranging from a corrective order up to revocation, and civil or criminal liability may exist for the licensee.  Licensees facing agency action may appeal licensing actions through either administrative reconsideration or a contested case hearing.  Licensees facing criminal or civil liability should immediately contact an attorney.


If you are a licensed child care provider and you think your license may be jeopardy, or you are looking for information of what exemptions may apply to you, you will need an attorney who is knowledgeable in the controlling law and will keep you informed during the process.  Take action today by contacting Attorney Fabian S. Hoffner.  With the support of an aggressive attorney on your side, you can be assured your child care license remains protected.


For a free consultation, call 612-206-3777 to learn about your options, your rights, and to have any questions you may have answered honestly and promptly.