Certified child care centers

Main phone: 651-431-6500            Fax: 651-431-7673

Email: dhs.licensingccsupport@state.mn.us  

Mailing address: Minnesota Department of Human Services, Licensing Division, P.O. Box 64242, St. Paul, MN 55164-0242

To report maltreatment of a child, contact Central Intake: 651-431-6600. 

Maltreatment fax: 651-431-7601

Background Studies Division: 651-431-6620

The Certified License-Exempt Child Care email list provides licensing information and updates, including legislative requirements, for certified license-exempt child care centers.

Policies for exclusion of sick children must include:

• When a child becomes sick, the certified center must immediately notify the sick child's parent or legal guardian and arrange for pick up. The child needs to be isolated in order to prevent the spread of illness.
• Isolating a sick child from other children in the program does not mean the child has to be in a separate space. It means the child should not be actively participating in activities with other children while waiting to be picked up.
• The definition of illness (sick) on the Minnesota Department of Health (MDH) website states that an ill/sick child is one who is unable to participate in routine activities or needs more care than can be provided by the childcare/school staff. See Hennepin County infectious diseases in childcare and schools manual. For a list of contagious illnesses that need to be reported, see Minnesota Rules, part 4605.7040.

Policies for infectious disease outbreak control should minimally include a plan for notifying parents of an exposure. The notification: 

• Can be done in many ways, including posting a notice on site in a conspicuous location, sending written notice home with parents, or emailing parents
• Should include the illness and date of potential exposure
• Can include additional information such as signs or symptoms to watch for and incubation periods
• Should not include any child-specific information.

• Can be stored electronically, but must be able to be accessed
• Can be recorded on any form, however the MDH immunization form is recommended
• Can include exemptions, but must have a notarized signature. 

Certified centers must have a policy for administering medication and maintain documentation of staff training on the medication administration policy. Medication includes prescription and nonprescription medication. 

If the program chooses not to administer medication, the policy must state medication is not administered. 

If the program chooses to administer medication, the policy for administering medication must include: 

• Obtaining written permission
• Following instructions
• Storing medication
• Documenting administration.

The department does not have a specific form for recording the administration of medication. Programs must document the administration of medication. Documentation must include: 

• Child's first and last name
• Name of the medication or prescription number
• Date(s), time(s), and dosage(s)
• Name and signature of the person who administered the medicine.

It is recommended that the written permission and record of medication administration are kept in the child’s file for a minimum of three years.

Diapering products, sunscreen, and insect repellent must have written permission from the child's parent or legal guardian. Sunscreen and insect repellant must be stored out of reach of children. School age children can apply sunscreen under the supervision of staff who need to ensure the nonprescription medication is administered according to the manufacturer or health provider instructions.

Legal authority: Minn. Stat. 245H.13, Subd. 3

Policies for preventing and responding to allergies must require that by the first date a child attends a center, documentation of any known allergy is obtained from each child's parent or legal guardian. This can be included in enrollment forms or any required health care paperwork.

If a child has a known allergy (any allergy), the center must meet the following requirements. It is recommended that a center use the Allergy Form.

1. Maintain current information about the allergy in the child's record. The child specific information must include:

• Description of the allergy
• Triggers to allergens
• Techniques for avoiding exposure to allergens
• Symptoms if an allergic reaction were to occur (what to watch for)
• How to respond to an allergic reaction (including medications and dosages)
• Doctor’s contact information.

2. Ensure that each staff person who works directly with the child is trained in the allergy information. Documentation that staff were informed must be kept on site. It is required that staff are informed:

• At least annually (prior to the end of month in the subsequent year)
• When changes are made to the child’s allergy record.

3. Keep the child’s allergy information available:

• On site at all times
• When on field trips
• During transportation provided by the center
• Where food is prepared and served (for food allergies).

Legal authority: Minn. Stat. 245H.13, subd 4

• The driver of the vehicle holds a valid driver's license, appropriate to the vehicle driven; and
• The center must comply with all seat belt and child passenger restraint system requirements under Minnesota Statutes, sections 169.685 and 169.686.

Fire inspection. Prior to being granted certification, a center must provide documentation showing that a fire inspection was completed within the previous three years by the state fire marshal or local fire code inspector trained by the state fire marshal.  

Designated indoor and outdoor space. The certified center must maintain a floor plan of the building that shows where the primary indoor and outdoor spaces utilized by the center are located within/near the building.

Free of hazards. The certified center must ensure:

• The areas used by children must be kept clean and in good repair
• The furniture or equipment is structurally sound and is appropriate to the age and the size of a child who uses the area

• Hazardous items must be kept out of reach. Anything labeled keep out of reach of children should be inaccessible.  Locked cabinets or closets are recommended, but not required.  Certified centers are required to have an emergency plan (see emergency preparedness and response section below) which has a section on identification of hazards. When creating the policy for ensuring the center is free of hazards, ensure that it does not contradict the information in the written emergency plan.

Disposal of bodily fluids. If an exposure to bodily fluids occurs, the center must disinfect and dispose of any bodily fluids using gloves and in a securely sealed plastic bag.

Legal authority: Minn. Stat. 245H.13, Subd.5

Centers must have a policy for emergency preparedness and response, using the Child Care Emergency Plan form (PDF). This form is required and must be specific to each individual center. 

It is also required that staff are trained at orientation and at least once each calendar year on the center-specific emergency plan (see staff training section below regarding the required training and documentation of training). 

Certified centers must conduct one evacuation and one shelter-in-place drill quarterly and document the time and date of the drills. See the Certified Child Care Center Drill Log Form.

Legal authority: Minn. Stat. 245H.15

Certified centers must also inform the commissioner within:

• 24 hours of the death of a child in care at the program; and
• 24 hours of any injury to a child in the center that requires treatment by a physician. A “serious injury” is defined as an injury to a child that required treatment by a physician or advanced practice registered nurse.  This also (includes treatment by a dentist). If a child goes to a doctor, but does not require treatment, it would not be considered a serious injury.

Use the Child Care Center Serious Injury & Death Report Form (PDF) or Word (DOC).

Certified centers must comply with the reporting requirements for abuse and neglect as specified in Minnesota Statutes, Chapter 260E (Reporting of Maltreatment of Minors).

• A person mandated to report physical or sexual child abuse or neglect occurring within a certified center must report the information to DHS; and 
• Certified centers must have written policies for staff to comply with reporting requirements. See Maltreatment of Minors Mandated Reporting Policy (PDF).

The DHS Maltreatment Investigations in DHS-licensed Programs webpage has additional information on: 

• The maltreatment investigation process;
• Mandated reporter resources including a Resource Guide for Mandated Reporters of Child Maltreatment Concerns and mandated reporter training videos; and
• Alerts for providers to reduce risks in child care centers.

Legal authority: Minn. Stat. 245H.11

• Parental access

Centers must include a statement in both the staff and parent policies that a parent or legal guardian must be allowed access to their child at any time their child is in care.

Legal authority: Minnesota. Stat. 245H

Certified centers must follow basic supervision requirements. Staff may allow for variation based upon the ages and needs of the children and must intervene when necessary to ensure a child’s safety.

Legal authority: Minn. Stat. 245H.13, Subd.10

Certified centers must ensure staff and volunteers use positive behavior guidance and prohibit staff from engaging in behavior that may harm children.

Legal authority: Minn. Stat. 245H.13, Subd.9

Certified centers must develop a risk reduction plan as specified in Minnesota Statutes, section 245H.13, subdivision 7 that identifies the general risks to children served by the certified center with a plan to minimize those risks. Certified centers may use the DHS Risk Reduction Plan form to meet this requirement.

Legal authority: Minn. Stat. 245H.13, subd.7

Background studies are a key component of certification and is required by state and federal law. Studies for certified centers will be processed by the Department of Human Services (DHS). Certified centers need to conduct DHS background studies on any new staff or individuals who need a study.

Guidance is available to help providers determine who needs a background study.

These individuals are prohibited from providing direct contact services until DHS issues a notice stating otherwise. The notice will be available in NETStudy 2.0 as an electronic document. You must follow the requirements in the notices for these individuals. The study subject will receive one or more of the following notices: a clearance notice, a notice that more time is needed to complete the background study, or a notice of disqualification. The notice will provide information on whether or not the study subject must be supervised or is still not permitted to provide direct contact services.

Legal authority:  Minn. Stat. 245C.02, Subd. 6a; Minn. Stat. 245C.03, Subd. 6a; Minn. Stat. 245C.04; Minn. Stat. 245C.13, Subd. 2.

Background Studies Division contact for NetStudy 2.0 technical assistance questions: dhs.netstudy2@state.mn.us

Background Studies Division contact for all other child care background study related questions: dhs.backgroundcc@state.mn.us

Background Studies Division contact center number: 651-431-6620

For more information about background studies for certified centers, please visit:

https://mn.gov/dhs/general-public/background-studies/for-entities/

A staff person must be 16 years of age or older before providing direct, unsupervised care to a child. Supervised care means an individual is within sight or hearing to the extent that the individual is capable at all times of intervening to protect the health and safety of the person served by the program.

Legal authority: Minn. Stat. 245H.08

Certified centers in a building with license exempt, licensed, and/or other programs cannot mix children from separate programs.

For example, if a school district has a licensed program for preschoolers, a license-exempt school readiness program for preschoolers, and a certified program for school ages all in one building, the children in these various programs cannot combine. They would be able to use shared spaces such as a gym or outdoor playground, but would need a schedule to ensure they are not using  the shared space at the same time.

Certified centers under one certification holder cannot mix children, except under certain circumstances. The certification number is site specific. Wherever you are operating and children are attending, the child needs to be enrolled/authorized to be at that location. For example, if a school district has five certified centers at five separate locations and they want to combine into one location for summer, they would need to enroll all the children from the other four locations at the one location for summer. This would involve notifying CCAP to change authorization information for any child that is changing locations.

During hours of operation, a certified center must have a director or designee on site who is responsible for ensuring the health and safety of program participants and supervising staff and volunteers.  The designee does not have to meet director requirements, but does need to know that they are responsible in the absence of the director. The designee does not need to be the same person each time the director is not present.

The director must be 18 years of age or older and have completed at least 16 hours of training per requirements listed in 245H.08, subd. 02. 

The center must complete a Director Information Form (PDF) for its director, and the form must be kept on file at the center.

Legal authority: Minn. Stat. 245H.08, subd. 2

Certification standards do not require that certified centers maintain attendance records, however Minnesota Statutes 119B.125, Subd. 6 requires all providers that receive child care assistance payments to keep daily attendance records at the site where services are delivered for children receiving child care assistance. Programs must make records available immediately to the county or the commissioner upon request. The attendance records must be completed daily and include the date, the first and last name of each child in attendance, and the times when each child is dropped off and picked up. To the extent possible, the times that the child was dropped off to and picked up from the child care provider must be entered by the person dropping off or picking up the child. The daily attendance records must be retained at the site where services are delivered for six years after the date of service.

Having a system for children being signed into and out of your center will clarify when a center is responsible for a child and when the child is the responsibility of another program or service. For example,

• A child who attends swimming lessons through another program (with parent permission) in the middle of the day after being dropped off at the certified center. It is recommended that the certified center sign the child out and sign the child back in so as to have documentation regarding where the child is at and who is responsible at that time.
• A child who goes directly from one program to the certified center without parent or legal guardian drop off. Typically, until the other program delivers the child to the certified center, the certified center would not be responsible for the care of the child. It is recommended that when the child arrives, the child is signed into the certified center to clarify who is responsible at that time.
• If your certified center is transporting a child, the child is considered in attendance during transportation.

 Kindergarten includes a child of sufficient age to have attended the first day of kindergarten or who is eligible to enter kindergarten within the next four months.

Maximum group size is the maximum number of children that can be involved in a group activity at any one time. The maximum group size applies at all times except during 

• Group activity coordination time not exceeding 15 minutes
• During a meal, outdoor activity, field trip, nap and rest
• Special activity including a film, guest speaker, indoor large muscle activity, or holiday program.

Maximum group size applies to instances where all children are participating in one activity. This would not include having more than the maximum group size in a space participating in different activities. For example, 90 school age children could be in one cafeteria space as long as they are participating in three or more separate activities (note exceptions above).

Legal authority: Minn. Stat. 234H.08, subd. 4

Ratios

Ratios must be maintained based on age category.  When combining age categories, the ratio for the age category for the youngest child in the group applies.

Examples of mixing children in different age categories: 

• If a center mixes 20 preschoolers and 30 school age children together in one group, the center would need 5 staff (1:10 ratio). If they are not mixed, the center would need 2 staff for the preschoolers (1:10 ratio) and 2 staff for the school agers (1:15 ratio).
• Children in different age categories can be in the same space, but not mixed in some instances. For example, lunch is being served in a cafeteria space. Preschoolers can be in one area and supervised only by the staff responsible for the preschoolers while at the same time school age children are also in the cafeteria space in their own area and only supervised by the staff responsible for the school age children. However, if preschoolers and schoolagers are together in a space mixed and participating in an activity together, they are considered mixed. For areas like outdoor playground or large muscle activities in the gym, a schedule is recommended if the center desires to not mix the children.
• Centers can mix children in different age categories for all day or part of the day as long as the center is following ratio and maximum group size requirements for the youngest age category present in the group.
  
  Legal authority: Minn. Stat. 245H.08, subd. 5

The certified center is required to maintain a personnel record for each staff person that contains: 

• The staff person's name, home address, telephone number, and date of birth
• Documentation that the staff person completed training required by section 245H.14
• Documentation of the date the program initiated a background study for the staff person
• Documentation of the date the staff person first had direct contact and access to a child while supervised, and the date the staff person first had direct contact and access to a child while unsupervised.

Annual inspections of certified centers are announced. If personnel records are housed off site or at a centralized location, records should be gathered prior to the scheduled review.

Legal authority: Minn. Stat. 245H16

Certified centers must ensure each staff person, substitute, and unsupervised volunteer is given an orientation training on: 

• Reporting requirements in 245H.11
• Health and safety standard requirements in 245H.13 
• Emergency preparedness requirements in 245H.15.

The certified center must provide staff, substitutes, and unsupervised volunteers with an orientation within 14 days of  the first date of direct contact with a child. Before the completion of orientation, an individual must be supervised while providing direct care to a child.

A certified center must document the date of a completed training required by this section. It is recommended that a center uses the Orientation Training Record for Certified Centers.

Health and safety standard requirement in 245H.13 (see requirements outlined in the Health and Safety section above) include:

• Exclusion of sick children and infection disease outbreak control
• Immunizations
• Administration of medication
• Preventing and responding to allergies
• Building and physical premises; free of hazards
• Transporting children
• Risk Reduction
• Behavior guidance
• Supervision

Additionally, staff must complete certain training before caring for children and/or prior to unsupervised contact.

Staff, substitutes, and unsupervised volunteers must be trained at orientation and once each calendar year on:

• Reporting requirements in 245H.11
• Health and safety standard requirements in 245H.13
• Child Development, CPR/First aid, Abusive Head Trauma, and Sudden Unexpected Infant Death requirements in 245H.14 
• Emergency preparedness requirements in 245H.15.

Staff must complete at least six hours of training each calendar year. Required trainings (both at orientation and each calendar year) may be used to meet the six hours required. College courses can be counted toward in service training if the coursework would apply to the staff person’s job. One semester credit is equivalent to 15 hours of training.

A certified center must document the date, training institution, and hours for any completed training in the personnel record for each staff person. It is recommended that a center use the Staff In-service Training Record for Certified Centers (PDF).

Sudden Unexpected Infant Death (SUID) videos

The Department of Human Services has approved the following series of videos which can be used, but are not required when providing SUID training. Centers are responsible for meeting all SUID training requirements as outlined in MN Statutes, section 245H.14, subd. 2, including the standards in MN Statutes, section 245A.1435. 

Please Note: The videos below include portrayals of infant sleep environments in private, non-licensed, homes that are not subject to the requirements of MN Statutes, section 245A.1435.  Licensed child care providers must comply with statutory safe sleep requirements when sleeping infants including nothing in the crib except for an infant’s pacifier. In addition, attachments or modifications to the crib are prohibited.

• Safe Sleep (produced by Hennepin County, 4:17)
• Safe Sleep Practices (Produced by Eastern Virginia Medical School, 5:50)
• Sleep On It - Preventing Unsafe Sleep Practices (Produced by Dakota County, 6:28)

Abusive Head Trauma (AHT) videos

The Department of Human Services has approved the following series of videos which can be used, but are not required when providing AHT training. Centers are responsible for meeting all AHT training requirements as outlined in MN Statutes, section 245.40, subd. 5a.

• Never Shake: Preventing Shaken Baby Syndrome (Produced by the Missouri Children's Trust Fund, 7:48) 
• Shaken Baby Syndrome (Produced by TheDoctorsTV 1:48) 
• Forever Shaken (Produced by the Brain Injury Association of Nebraska, 33:17) 

Use the Minnesota State Child Care Emergency Plan, DHS-7415 (PDF) and Keeping Kids Safe: Child Care Provider Emergency Planning Guide DHS-7414 (PDF) when preparing for your response to emergencies and disasters. Each center must have a unique emergency plan using the Child Care Emergency Plan, DHS-7955 (PDF) created by DHS. This frequently asked questions document (PDF) is also an important resource for child care centers.

Certified centers must conduct one evacuation and one shelter-in-place drill quarterly and document the time and date of the drills. See the Certified Child Care Center Drill Log Form.

• Certification Pre-application Information Form (PDF)
• Certified Child Care Center Drill Log Form
• Checklist for Certified Child Care Centers (Excel) (9/22)
• Child Allergy Information Form (PDF)
• Child Care Emergency Plan (PDF)
• Director Information Form for Certified Centers (PDF)
• Guidelines for Developing Policies and Procedures for Certified Centers (PDF)
• Maltreatment of Minors Mandated Reporting Policy for Certified Centers DHS-7634D-ENG (PDF)
• MDH child care immunization form
• Orientation Training Record for Certified Centers (PDF)
• Risk reduction plan (PDF)
• Serious Injury and Death Report: (PDF) (Word DOC)
• Summary of Personnel Information for Certified Centers - Initial Certification DHS-4681A-ENG (PDF)
• Summary of Personnel Information for Certified Centers - Annual (PDF)
• Yearly In-service Training Record for Certified Centers (PDF)

The certified center must inform the commissioner within 24 hours of  the death of a child in care at the program; and a “serious injury” to a child in the program. A “serious injury” is defined as an injury to a child that required treatment by a physician (includes dentist). If a child goes to a doctor, but does not require treatment, it would not be considered a serious injury. 

The center must use the Child Care Center Serious Injury & Death Report Form (PDF) (Word DOC) found on the Certified Centers webpage. Please note, Internet Explorer or Edge are the preferred browser types to use with this form. If you use Chrome, the send button will not work on the form. You can, however, email the form directly to dhs.licensingccsupport@state.mn.us.

To remain in compliance as a certified child care center with the Minnesota Department of Human Services, all changes to the terms of your certification must be requested and approved.

Changes are requested using the Change in Certification Information Form which is site specific and needs to be provided by your licensor.  

The following are examples of changes made using the Change in Certification Information Form. To make these types of changes to your certification, please contact your licensor. 

• New center operator 
• Adding or removing an age group 
• Moving locations 
• Changing schedule 
• Change in contact information 

The following rules and statutes guide licensing activities:

• Licensed Child Care Centers: Minnesota Rules, Chapter 9503
• Certified License-Exempt Child Care Centers: Minnesota Statutes, Chapter 245H
• Human Services Licensing Act: Minnesota Statutes, Chapter 245A
• Human Services Background Studies Act: Minnesota Statutes, Chapter 245C
• Maltreatment of Minors Act: Minnesota Statutes, Chapter 260E

DHS is mandated to certify license-exempt child care centers that meet the requirements under 245H.02. As such, DHS is given the right of access to these centers to carry out all of the duties under 245H – in other words, once a center has been identified as requiring certification, DHS has the right to enter the center to perform required duties.

DHS access. When a center is in operation and information is relevant to an inspection or investigation, the DHS employee must be given access to:

• The physical facility and grounds where the program is provided
• Documentation and records, including electronically maintained records
• Children served by the center
• Staff and personnel records of current and former staff 
• Records needed would include only those from point of certification and moving forward.

Legal authority: Minn. Stat. 245H.04

Annual announced inspections. Certified centers will have an annual inspection to determine compliance with standards in 245H. Annual inspections will be announced and coordinated between center operators and DHS.

Legal authority: Minn. Stat. 245H.05

Investigations. In some instances where DHS has received information of alleged certification violations or maltreatment, there may be an unannounced investigation visits to the certified center:

• Certification Investigations- If DHS receives information that a certified center is not following the requirements in 245H, a licensor may be assigned an investigation to determine compliance. Information received by DHS is routed to an intake team that will do an initial assessment. If a licensor is doing an investigation, the licensor must be given access to the program, records, and/or staff. Based on the information collected, DHS will determine what action is appropriate, if any.
• Maltreatment investigations- If DHS receives information that alleged or suspected abuse or neglect has occurred in a center, an investigator may be assigned to do a maltreatment investigation. Information received by DHS is routed to an intake team that will do an initial assessment to determine if assigned. If an investigator is doing an investigation, the investigator must be given access to the program, records, and/or staff. Based on the information collected, DHS will determine what action is appropriate, if any.

Legal authority: Minn. Stat. 260E

Correction orders. If the certification holder failed to comply with a law, the commissioner may issue a correction order. The correction order must state the condition that constitutes a violation of the law, the specific law violated, and the time allowed to correct each violation. If the certification holder believes that the commissioner's correction order is erroneous, the certification holder may ask the commissioner to reconsider the part of the correction order that is allegedly erroneous.

Legal authority: Minn. Stat. 245H.06

Decertification. The commissioner may decertify a center if a certification holder failed to comply with an applicable law; or knowingly withheld relevant information from or gave false or misleading information to the commissioner in connection with an application for certification, in connection with the background study status of an individual, during an investigation, or regarding compliance with applicable laws. When considering decertification, the commissioner must consider the nature, chronicity, or severity of the violation of law. When a center is decertified, the center is ineligible to receive payments from the Child Care Assistance Program (CCAP) under Minnesota Statutes 119B.

Legal authority: Minn. Stat. 245H.07

Sudden Unexpected Infant Death (SUID) videos

The Department of Human Services has approved the following series of videos to meet the SUID component when individuals are not receiving face-to-face, classroom, or online SUID training. All videos must be viewed to meet the SUID training requirement 

• Safe Sleep (produced by Hennepin County, 4:17)
• Safe Sleep Practices (Produced by Eastern Virginia Medical School, 5:50)
• Sleep On It - Preventing Unsafe Sleep Practices (Produced by Dakota County, 6:28)

Abusive Head Trauma (AHT) videos

The Department of Human Services has approved the following series of videos to meet the AHT component when license holders are not receiving face-to-face, classroom, or online AHT training. All videos must be viewed to meet the AHT training requirement. 

• Never Shake: Preventing Shaken Baby Syndrome (Produced by the Missouri Children's Trust Fund, 7:48) 
• Shaken Baby Syndrome (Produced by TheDoctorsTV 1:48) h
• Forever Shaken (Produced by the Brain Injury Association of Nebraska, 33:17) 

The 2017 Minnesota Legislature enacted changes to bring Minnesota into compliance with the federal Child Care and Development Block Grant.  Minnesota Statutes, Section 245H requires license-exempt centers that receive CCAP to be certified.  The following exclusions from licensure under the following exclusions from 245A.03, Subd. 2 (and chooses to participate in CCAP) must be certified:  

• Programs operated by a public school for children 33 months or older
• Recreation programs for children that are operated or approved by a park and recreation board
• Programs operated by a school, YMCA, YWCA, or JCC whose primary purpose is to provide child care or services to school-age children
• Head Start nonresidential programs that operate for less than 45 days in a year
• Programs for children such as scouting, boys clubs, girls clubs, and sports and arts programs, and nonresidential programs for children provided for a cumulative total of less than 30 days in any 12-month period
• Camps licensed by the commissioner of health under Minnesota Rules, chapter 4630
• Programs 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 an accrediting agency that is formally recognized by the commissioner of education as a nonpublic school accrediting organization; or 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 this item shall 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.