Minnesota Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in Minnesota?

In Minnesota, childcare licensing is administered by the Minnesota Department of Human Services (DHS), specifically through its Licensing Division. DHS is responsible for setting minimum standards, processing applications, conducting inspections, and enforcing compliance for all licensed childcare operations in the state. The regulatory framework is defined in Minnesota Rules, Chapter 9503 (parts 9503.0005 through 9503.0170).

Minnesota distinguishes between two primary types of licensed childcare:

• Licensed Child Care Center: A facility located somewhere other than the provider's home that cares for larger numbers of children. Centers have specific staff qualification requirements, ratio rules, and facility standards. This is the most common license type for commercial childcare businesses.

• Licensed Family Child Care: A home-based program where care is provided in the caregiver's own residence. Family child care providers have a separate set of licensing rules and ratio requirements.

This guide focuses on child care center licensing. For family child care licensing, consult DHS directly or visit the Minnesota DHS website for providers.

How to apply for a Minnesota child care center license

The Minnesota child care center licensing application process involves several steps and typically takes three to six months to complete. Here is what to expect:

1. 1

   Develop your program plan

   Before applying, you must create a written child care program plan. This plan must describe the age categories and number of children you intend to serve, your days and hours of operation, general educational methods, and how you will ensure children have supervision at all times.

2. 2

   Document compliance with building, fire, and health codes

   You must document that your facility meets applicable building codes, fire and safety codes, health rules, and zoning ordinances, or that you have received an appropriate waiver. Contact your local building inspector and fire marshal to schedule inspections.

3. 3

   Submit background studies through NETStudy 2.0

   All staff and individuals with direct contact with children must complete a background study through the DHS NETStudy 2.0 online system. This includes fingerprint-based criminal history checks. The background study fee is approximately $49.10 per person (study fee plus fingerprinting fee).

4. 4

   Submit your license application to DHS

   Submit your completed application along with your program plan, code compliance documentation, and background study confirmations to the DHS Licensing Division. The DHS office is located at 444 Lafayette Road North, St. Paul, MN 55155. You can reach the Licensing Division at (651) 296-3971.

5. 5

   Pass the licensing inspection and receive your license

   A DHS licensing representative will conduct an on-site inspection to verify your facility meets all requirements for space, safety, equipment, staffing, and documentation. Once all requirements are met, DHS will issue your child care center license.

Minnesota staff-to-child ratio requirements

Minnesota sets specific staff-to-child ratios and maximum group sizes based on the ages of children in care. These requirements are defined in Minnesota Rules 9503.0040 and must be maintained at all times, including during outdoor play and transitions. Minnesota defines three primary age categories for child care centers: infants (six weeks to 15 months), toddlers (16 to 32 months), and preschoolers (33 months through the start of kindergarten).

At least two staff persons must be present at the center whenever it is operating, even if the ratios above would only require one. When a center serves mixed age groups, the ratio for the youngest child in the group applies.

These ratios are from Minnesota Rules 9503.0040 and the DHS Ratio and Group Size Standards document. Verify current ratios with DHS, as they may be updated. For help planning your classroom staffing, try our ratio calculator.

Staff qualification and training requirements

Minnesota has specific requirements for directors, teachers, and other staff working in licensed child care centers.

Director qualifications

Center directors must meet combined education and experience requirements. At a minimum, directors must have documented experience hours and education hours in child care or a related field. The specific combination depends on the qualification track. For example, one path requires a minimum of 1,040 hours of experience plus 100 hours of education in child development or a related area.

Teacher qualifications

Teachers must be at least 18 years old and meet one of nine possible combinations of credentials, education, and experience. One common path requires a high school diploma, 4,160 hours of experience as an assistant teacher, and 24 credit hours in a child care-related field.

Training requirements

• Orientation training: All staff and volunteers who have direct contact with children must participate in orientation training before starting work.

• CPR certification: At least one staff person trained in CPR must be present in the center at all times when children are in care.

• Annual in-service training: Directors and staff who work more than 20 hours per week must complete 24 hours of in-service training each calendar year. Staff who work 20 hours or less per week must complete 12 hours annually. The training must equal at least two percent of the hours for which the person is paid.

• Annual training plan: The center must develop and implement an annual in-service training plan to ensure staff are well trained to care for children.

Facility requirements

Your physical space must meet the standards in Minnesota Rules 9503.0155 before a license can be issued. Key requirements include:

• Indoor space: A minimum of 35 square feet of indoor space per child in attendance. Hallways, stairways, closets, utility rooms, lavatories, kitchens, and space occupied by cribs cannot be counted toward this total. Up to 25 percent of space occupied by furniture or equipment used by staff or children may be counted.

• Outdoor space: A minimum of 75 square feet of outdoor space per child during use, with a total outdoor area of at least 1,500 square feet. An outdoor activity area used daily by children under school age must be within 2,000 feet of the center, or the license holder must provide transportation.

• Age-appropriate furnishings: The center must have the quantity and type of furnishings, equipment, and materials specified for each age group, including books, building blocks, program equipment, and supplies like blankets, diapers, and hand soap.

• Building and fire codes: The facility must document compliance with all applicable building codes, fire and safety codes, health rules, and local zoning ordinances. Fire drills must be conducted and documented regularly.

• Health and sanitation: The facility must meet standards for sanitation, food preparation areas, diaper changing stations, handwashing facilities, and general cleanliness.

Background check requirements

Minnesota requires thorough background studies for all individuals who have direct contact with children in licensed child care settings.

• Who must be checked: All staff and volunteers who have direct contact with children in care must have a background study conducted by DHS. This includes directors, teachers, assistant teachers, aides, and any other individuals with direct contact.

• NETStudy 2.0: Background study requests for child care centers must be submitted through NETStudy, the DHS online background study submission system. The study includes fingerprint-based criminal history checks.

• What is checked: The background study reviews the person's criminal record and checks for any record of maltreatment of children. This includes both state and federal criminal history databases.

• Renewal: Individuals affiliated with a licensed child care center must complete an enhanced background study every five years. New studies should be initiated no more than 90 calendar days before the current study's expiration date.

• Cost: The background study fee is approximately $49.10 per person, which includes the study fee and a fingerprinting fee. Fees are paid online through the NETStudy 2.0 system.

Health and safety requirements

Minnesota Rules Chapter 9503 includes detailed health and safety requirements that licensed child care centers must follow every day.

• Supervision: Children must be supervised at all times. The program plan must describe how continuous supervision is maintained throughout the day, including during transitions, outdoor play, and rest periods.

• Immunization records: Up-to-date immunization records are required for all enrolled children. Records must be on file and available for review during inspections.

• Safe sleep practices: For infants, Minnesota requires adherence to safe sleep guidelines, including placing infants on their backs to sleep in approved cribs.

• Handwashing: Proper handwashing procedures must be followed by both staff and children, including before and after meals, after diaper changes, and after using the restroom.

• Emergency procedures: Written emergency procedures must be developed, posted, and practiced regularly. Staff must know what to do in the event of a fire, severe weather, medical emergency, or lockdown.

• Medication administration: Medications may only be administered with written parent authorization. All medication administration must be documented with the medication name, dosage, time given, and the staff member who administered it.

Record-keeping requirements

Minnesota licensing requires child care centers to maintain detailed records that are available for review during inspections. Staying organized and current with your records is one of the most important things you can do to remain in compliance.

• Attendance records: Daily sign-in and sign-out records for every child, with times recorded for each entry.

• Child enrollment records: Complete enrollment information for each child, including emergency contacts, authorized pickup persons, medical information, allergies, and immunization records.

• Staff records: Personnel files for every employee, including background study results, training documentation, certifications, and employment history.

• Incident reports: Written documentation of any injuries, accidents, or unusual incidents, including what happened and what actions were taken.

• Program plan: Your written program plan must be maintained and updated as your operation changes.

Inspections and ongoing compliance

Once licensed, your center will be subject to ongoing monitoring by the DHS Licensing Division.

• Unannounced inspections: DHS conducts unannounced inspections of licensed child care centers during normal operating hours. These inspections can happen at any time and may cover any aspect of your operation.

• Public licensing lookup: Inspection results and licensing status are public record and available through the DHS Licensing Information Lookup tool online. Parents can look up any licensed operation's history.

• Corrective action: If deficiencies are found during an inspection, the center is given a timeframe to correct the issues. The timeframe depends on the severity of the deficiency.

• Adverse actions: Repeated or serious violations can result in license suspension, conditional licensing, revocation, or fines. The most serious violations can result in emergency action to protect children.

Parent Aware: Minnesota's Quality Rating and Improvement System

Parent Aware is Minnesota's voluntary Quality Rating and Improvement System (QRIS), codified in Minnesota Statutes section 142D.13. While not required for licensing, participating in Parent Aware can help your program demonstrate quality and attract families.

• Rating levels: Programs can earn a One-, Two-, Three-, or Four-Star Rating based on demonstrated use of research-based practices called Standards and Indicators.

• Voluntary participation: Parent Aware is voluntary. Programs that participate commit to extra training, coaching, and professional development that go beyond basic licensing requirements.

• Child assessment: To earn a One-Star Rating, all center lead teachers must complete at least 2 hours of training on authentic observation practices and observe children regularly, recording information at least monthly. For a Two-Star Rating, observation summaries must be shared with families.

• History: Parent Aware was first piloted in 2007 and became available statewide on January 1, 2015. It is now administered by the Minnesota Department of Children, Youth, and Families.

Resources

Here are key resources for Minnesota childcare providers:

• Minnesota DHS Licensing Division: The official state agency for childcare licensing, located at 444 Lafayette Road North, St. Paul, MN 55155. Phone: (651) 296-3971.

• Minnesota Rules Chapter 9503: The complete set of child care center licensing regulations, available on the Minnesota Revisor of Statutes website at revisor.mn.gov.

• DHS Licensing Information Lookup: An online tool to search licensing status and inspection history for any licensed child care operation in Minnesota.

• Parent Aware: Minnesota's voluntary QRIS program. Learn more at parentaware.org or through the Minnesota Department of Children, Youth, and Families.

• Child Care Aware of Minnesota: A statewide resource and referral organization that provides training, technical assistance, and support to childcare providers across Minnesota.