Applying for Certified, License-Exempt Child Care

Minnesota law (Minnesota Statutes, chapter 245A) starts with requiring that all individuals or organizations providing child care are licensed.

Minnesota Statutes, section 245A.03, subdivision 2 includes a limited list of situations where individuals or organizations caring for children are not required to be licensed. These exceptions are referred as exclusions from licensure, and the care is referred to as license-exempt child care. License-exempt child care is not regulated or monitored by the Department of Human Services (DHS).

Minnesota Statutes, Section 245H requires license-exempt child care to become certified in order to participate in the State’s Child Care Assistance Program (CCAP). Therefore, a license-exempt child care center that becomes certified is referred to as a certified license-exempt child care center. DHS regulates and monitors certified license-exempt child care centers. License-exempt child care that does not become certified is not eligible to participate in CCAP.

Legal authority: Minnesota Statutes, section 245A.03, subdivision 2; Minnesota Statute section, 245H.02

The following exclusions from licensure describe programs that care for children and are not required to be licensed under the authority of Minnesota Statutes, section 245A.03, subdivision 2:

• Item (5). Programs operated by a public school for children 33 months or older.
• Item (11). Recreation programs for children that are operated or approved by a park and recreation board.
• Item (12). Programs operated by a school, YMCA, YWCA, or JCC whose primary purpose is to provide child care or services to school-age children.
• Item (13). Head Start nonresidential programs that operate for less than 45 days in a year.
• Item (15). 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.
• Item (18). Camps licensed by the commissioner of health under Minnesota Rules, chapter 4630.
• Item (26). 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.
• Item (30). Head Start programs that serve only children who are at least three years old but not yet six years old.

Minnesota Statutes, section, 245H.02 calls out these specific exclusions from licensure that allow a program to be eligible to become certified and participate in Child Care Assistance Program (CCAP).  In order to apply for certification, a program must meet one of those exclusions from licensure.

For more information on exclusions and eligibility for certification specific to a program’s unique circumstances, contact DHS licensing at 651-431-6015 or dhs.ccc.licensing@state.mn.us.

Legal authority: Minnesota Statutes, section 245A.03, subdivision 2; Minnesota Statutes, section, 245H.02

Use the Do I Qualify to be a Certified Child Care Center Worksheet (PDF) to discover if a child care center meets the qualifications to be a certified child care center.

License-exempt certified child care centers can serve children and families using Child Care Assistance Program (CCAP) funding. A family who is authorized to receive CCAP assistance for child care costs, can only send their child to receive care at a program that is authorized to receive CCAP payments. In Minnesota, CCAP only authorizes licensed child care centers, licensed family child care providers, certified license-exempt child care centers, and legal non-licensed child care providers.

Certification requirements provide standards for practices that ensure healthy and safe child care. Certification requirements are based on federal standards.

DHS licensing staff is available to support certified license-exempt child care centers in becoming certified and maintaining certification. Each center has an assigned licensor.

The Child Care Assistance Program (CCAP) is a state government program administered by local, county or tribal governments that provides financial assistance to help eligible families with low incomes pay for child care so that they can work, pursue employment, or engage in education leading to employment. A large percentage of this funding comes from federal funding through the Child Care Development Block Grant.

Once a center is granted certification, the certified child care center is eligible to register with CCAP as a provider. Once registered, the center can receive subsidized payments for child care for children whose families are eligible to receive child care assistance.

For more information about CCAP, visit CCAP Information for Child Care Programs on the Department of Children, Youth, and Families website.

For questions about the Child Care Assistance Program, email CCAP.Providers.DCYF@state.mn.us or call 651-431-4848. If you want to apply, have questions about applying for child care assistance or a specific case, contact your county office, tribal office or contracted agency.

The Certified Child Care Centers and CCAP Informational Sheet (PDF) is a great summary of information on certification and participation in the Child Care Assistance Program in our State.

The organization name that is legally responsible for the operation of the center, and granted certification by the commissioner. Examples: School District, Parks and Rec, YMCA, etc. For School Districts the name should be the same as what is listed with the Minnesota Department of Education.

The Authorized Agent is the individual that will communicate with DHS on all matters relating to the certification. The Authorized Agent has full access to functions in the Provider Hub and is the person who assigns others to roles in the Hub. Authorized Agents designate who will be the Sensitive Information Person (SIP) to handle sensitive, private information from background studies and initiate studies for study subjects in NETStudy 2.0. The Authorized Agent will be contacted by Background Studies to designate an individual who will be responsible for background studies for the certified center. If your certified program is affiliated with a licensed program, the Authorized Agent at the certified program needs to be the same person as the licensed program. The Authorized Agent is not typically a Center Operator but can be.

Person exercising supervision or control over the center’s operations, planning, and functioning. Typically, the Center Operator is the person completing the application and identifies who the Authorized Agent is for the organization.

This is the name of the child care center. If there is more than one center, the naming convention should be center specific. Example: After School Program- Lincoln Elementary.

Certified centers must include the following health and safety areas in their center’s policies. Each policy will need to be uploaded in the hub as a separate document.

• Exclusion of sick children and infectious disease outbreak control
• Immunizations
• Administration of medication
• Preventing and responding to allergies
• Building and physical premises free of hazards
• Transporting children

Legal authority: Minnesota Statutes, section 245H.13 subdivision 8

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.

It is also required that staff are trained at orientation, at least once each calendar year and when changes are made to the Risk Reduction Plan. For more information on this requirement, see the Training requirements section below.

Legal authority: Minn. Stat. 245H.13, Subd.10; Minn. Stat. 245H.14, Subd. 5; Minn. Stat. 245H.14, Subd. 6.

Certified centers must develop emergency plans using the Department of Human Services Child Care Emergency Plan Form. If a license holder has more than one certified center, each center must have their own emergency plan that is specific to each location.

The Emergency Plan will be reviewed by a licensor and must include all required information specified in Minnesota Statutes, section 245H.15, subdivision 1 before a center will be granted certification.

Legal authority: Minnesota Statutes, section 245H.15

Certified centers must have written policies for staff to comply with reporting requirements for abuse and neglect specified in Minnesota Statutes, chapter 260E. Refer to form DHS-7634D, Maltreatment of Minors Mandated Reporting. A person mandated to report physical or sexual abuse or neglect occurring within a certified center shall report the information to the commissioner.

Policies for reporting must also include statements that the certification holder must inform the commissioner within 24 hours of:

1. The death of a child in the certified center; and
2. Any injury to a child in the certified center that required treatment by a physician or advanced practice registered nurse.

The certification holder must use the Serious Injury and Death Reporting Form (PDF) on the Certified Center web page to make a report.

Legal authority: Minnesota Statute, section 260E

A certified center must provide documentation showing that a fire inspection was completed within the previous three years prior to obtaining certification. If this has been completed, attach the fire inspection at this time

If this has not been completed, DHS must request the fire inspection. If you believe you need an inspection or have questions, please email us at dhs.ccc.licensing@state.mn.us. Certified centers that need a fire marshal inspection will be required to pay $50 to the state fire marshal for the inspection. The State Fire Marshal has created a resource showing the step-by-step process individuals can follow before a fire inspection is requested by DHS for a program in application. The Interagency Inspection Requests for DHS-Licensed or Certified Child Care Facilities (PDF) can be found on the State Fire Marshal website.

Public school buildings

For certified centers located in a public school building, this have already been completed and you can provide documentation from your school.

Facilities not in a public school building

For centers NOT located in a public school building, an appropriate fire inspection will need to be completed prior to granting certification.

Legal authority: Minnesota Statute, section 245H.13 subdivision 5

Each center will be required to submit a floor plan of the building that designates the following:

• Primary indoor space(s): highlight rooms/space that will be used
• Outdoor space: indicate where the play area is located

Legal authority: Minnesota Statute, section 245H.13 subdivision 5

Minnesota law requires individuals affiliated with a certified child care center, as defined in Minnesota Statutes, section 245C.02, subdivision 6a, to have a background study completed by the Department of Human Services (DHS). A resource is available to assist in the identification of Who Needs a Background Study in a certified license-exempt child care center.

The Background Studies Division has additional information about background study requirements for child care providers on the Background Studies website. Information about the background study system and how to initiate child care background studies is found on the NETStudy 2.0 website.

Legal authority: Minnesota Statutes, section 245H.10; Minnesota Statutes, section 245C.02, subdivision 6a; Minnesota Statutes, section 245C.14; Minnesota Statutes, section 245C.22

Personnel information is required for the director, all staff persons that will work with children providing direct contact services, substitute staff, and unsupervised volunteers. The information required in Statute includes:

• The person’s name, home address, telephone number, date of birth;
• Documentation of completed training;
• Background study date; and
• Dates of the first direct contact with (access to) children while supervised by another staff and first direct contact with children while working unsupervised by another staff.

Certified centers will submit personnel information into the Provider Hub to demonstrate compliance with staff documentation and training requirements for certification. The personnel information will be reviewed by a licensor and must be complete for all required individuals before a center will be granted certification.

Legal authority: Minnesota Statute, section 245H.14

Director information is required to be submitted for each child care center. 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 Director information will be reviewed by a licensor to ensure that the director meets qualifications before a center will be granted certification.

If a certification holder has multiple centers at different locations, any number of the centers can have the same director as long as an assigned designee(s) covers the operating hours at all locations when the director is not onsite.

Legal authority: Minnesota Statutes, section 245H.08, subdivision 1; Minnesota Statutes, section 245H.08 subdivision 2

If the fire inspection was not submitted during Phase I an approved fire inspection will need to be uploaded before certification is granted.

Legal authority: Minnesota Statute, section 245H.13 subdivision 5

If the floor plan was not submitted during Phase I an approved floor plan will need to be uploaded before certification is granted.

Legal authority: Minnesota Statute, section 245H.13 subdivision 5

The Department of Human Services certified child care center website provides information, forms and resources for certified child care providers. Please visit the main page for information regarding ongoing requirements for maintaining certification, annual inspections and investigations, certification renewals, fees and changes.

Email inboxes and phone lines are monitored Monday-Friday, daily from 8:00 a.m. – 4:30 p.m. by a licensor who is on call.  All voicemail messages and emails are returned as promptly as possible.  Call us at 651-431-6015 or email us at dhs.ccc.licensing@state.mn.us.