Reviewed November 2026 Minn. R. 9503.0040 · view rule Minn. R. 9503.0040
Minnesota licenses child care centers under Minn. R. ch. 9503 and family and group family child care homes under Minn. R. ch. 9502, with Minn. Stat. ch. 142B on top. Since June 18, 2025 the licensing agency has been the Department of Children, Youth, and Families. Counties still license and inspect family child care, and DHS still runs background studies. A rewrite is already law: new chapters 142H (centers) and 142I (family child care) take effect July 1, 2027.
Licensing agency: Minnesota Department of Children, Youth, and Families (DCYF), Licensing; county agencies license family child care · public license lookup
Inspection findings public? Yes, the state publishes licensing inspection results.
License types
- Child care center — Minn. R. ch. 9503; Minn. Stat. ch. 142B
- Family child care (up to 10 children) — Minn. R. ch. 9502; Minn. Stat. ch. 142B
- Group family child care (up to 14 children) — Minn. R. ch. 9502; Minn. Stat. ch. 142B
- Special family child care home (non-residence, up to 14) — Minn. Stat. § 142B.41, subd. 4; Minn. R. ch. 9502
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Recent and upcoming changes
Minnesota is in the middle of a major overhaul. The current rules on this page stay in force until June 30, 2027. DCYF says providers must keep following the current requirements until then.
New child care center standards (effective July 1, 2027)
Laws 2026, ch. 127, art. 12 creates chapter 142H to replace Minn. R. ch. 9503 and the center-only parts of chapter 142B. Ratios and group sizes are unchanged (infants 1:4/8, toddlers 1:7/14, preschool 1:10/20, school-age 1:15/30). New: ratios may double for up to two hours at nap time in groups without infants. Attendance records with drop-off and pick-up times become required for every child, and staff must keep a live classroom roster that travels with the group (§ 142H.30).
SafePass tip: SafePass Kiosk already keeps a timestamped check-in and check-out for every child and shows who is checked in to each room.
New family child care standards (effective July 1, 2027)
Laws 2026, ch. 127, art. 13 creates chapter 142I to replace Minn. R. ch. 9502 and the family-only parts of chapter 142B. License classes are renamed (A and C1–C5), with a new C5 class for up to 18 children with 2 adults (no more than 12 under school age) operating at the level of exit discharge (§ 142I.07). Daily attendance with drop-off and pick-up times is required for every child and kept five years (§ 142I.06, subd. 4). Parents must be told whether radon testing was done (§ 142I.16).
SafePass tip: SafePass Kiosk check-in/out creates the daily drop-off and pick-up record for every child.
Video cameras after a maltreatment finding
Beginning July 1, 2026, a center required to post a maltreatment investigation memorandum must install recording cameras in every infant and toddler room. Cameras must cover at least 80% of the room, record at 720p and 15 fps during all operating hours, and keep footage 28 days (6 months for reportable incidents). The requirement lasts four years, and the center needs a written camera policy and entrance signs.
Weighted risk system (not yet in effect)
DCYF is building a tiered enforcement system that weights every rule from 1 to 10. Low-risk violations get documented technical assistance instead of a correction order, medium-risk violations get correction orders, and the top 10% may lead to fines or other actions. By law it can't start for family child care before January 1, 2027. DCYF plans to launch it with the new standards.
Who needs a license, and who issues it
Minnesota licenses two kinds of child care: child care centers (Minn. R. ch. 9503) and family or group family child care in a home (Minn. R. ch. 9502). Both are also governed by Minn. Stat. ch. 142B. Since June 18, 2025 the licensing agency is the Department of Children, Youth, and Families (DCYF). Before that it was the Department of Human Services (DHS), and the 1980s-era rule text still says DHS. County agencies license and inspect family child care for DCYF. DCYF licenses centers directly.
License required, and the exclusions
You may not run or advertise a child care program without a license unless an exclusion applies. Common exclusions: care given only by a relative; care of children from a single unrelated family; programs that run for fewer than 30 days in any 12-month period; care for less than three hours a day while the parent is in the same building (or a directly connected one); and certain school, park-and-recreation, religious and camp programs.
Family vs. group family child care
"Family day care" is care in a residence for no more than 10 children at one time, of whom no more than 6 are under school age. "Group family day care" is care for no more than 14 children at one time. Both counts include the caregivers' own children when they are present.
Family child care licensing process
The applicant must be the person who will provide the care and be present during operating hours. You apply through the county where you live, and the county does a licensing study of the home. The county may require a fire marshal, building or health inspection if it suspects a hazard. A license can't be transferred, and one provider may hold only one license. The license must be posted in the home.
Center building and fire approvals
Before DCYF issues an initial license, a new center needs written verification from the local building official (State Building Code or local ordinance) and a fire marshal inspection within the 12 months before licensure. Centers need at least 35 sq ft of usable indoor space per child and an outdoor area of at least 1,500 sq ft (75 sq ft per child using it at one time).
Special family child care homes
Programs for 14 or fewer children run outside the provider's own home can be licensed under the family child care rules in some situations: a dwelling on a residential lot, an employer, a church, a community collaborative, a qualifying nonprofit, or a provider in commercial space. Each needs a designated primary provider and must meet the fire code that matches its ages. A provider in commercial space must post that it "is not licensed as a child care center."
Staff-to-child ratios
Centers and family child care homes use different age definitions, so the same child can count differently in each setting. In centers, infants are 6 weeks to under 16 months, toddlers are 16 to under 33 months, and preschoolers are 33 months until kindergarten. In family child care, infants are 6 weeks to under 12 months, toddlers 12 to under 24 months, preschoolers 24 months until school age, and school age is 5 to under 11. Newborns under 6 weeks have their own rule.
Center ratios
Minimum staff-to-child ratios: infants 1:4, toddlers 1:7, preschoolers 1:10, school-age children 1:15. Only staff qualified as a teacher, assistant teacher or aide who work directly with children count toward the ratio. Staffing in each age group follows a set pattern: the first person must be a teacher, the second at least an aide, the third at least an assistant teacher, the fourth at least an aide, and then it repeats. The center must keep a written staff distribution record.
SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in. Directors get an alert when a room goes over ratio. Set each room's ratio to Minnesota's numbers above. SafePass's built-in defaults are not Minnesota's (its toddler default is 1:6).
Mixing ages in a center
Infants may not be grouped with other age categories. Other mixed groups may span no more than 36 months of age (unless all are school age) and must use the ratio and group size for the youngest child present. During arrival and departure, which can total no more than 25% of daily hours, age groups may be combined under the youngest child's ratio. At those times an assistant teacher, or a qualified aide, may stand in for the teacher.
Aide substituting for a teacher at arrival/departure
A child care aide may substitute for a teacher during morning arrival and afternoon departure, totaling no more than 25% of daily hours. The aide must be 18 or older, have worked at the center at least 30 days, and have finished orientation and the first-90-day training.
Family and group family child care ratios and age mix
Class A family day care: up to 10 children with 1 adult. No more than 6 may be under school age, of those no more than 3 infants and toddlers combined, and no more than 2 infants. Group family day care with 1 adult: up to 10 children (max 8 under school age, 3 infants and toddlers, 2 infants), or up to 12 children (max 10 under school age, 2 infants and toddlers, 1 infant). Group family day care with 2 adults: up to 14 children (max 10 under school age, 4 infants and toddlers, 3 infants). A helper aged 13–17 may replace the second adult when no more than 1 infant or toddler is present. Specialized infant-and-toddler licenses are smaller: 5 children with 1 adult (no more than 3 infants), 6 children with 1 adult (no more than 2 infants), or 9 children with 2 adults (no more than 4 infants, both caregivers adults).
SafePass tip: SafePass Kiosk check-ins give a running count of who is in care right now, by child and age.
Newborns, helpers and the provider's own children
If a newborn (under 6 weeks) is in care with only one adult, the newborn must be the only child under 12 months, and the provider may care for no more than two other children unless a second adult is present or the newborn is the provider's own. Licensed capacity counts every child age 10 or younger present, including the caregivers' own children.
Family child care age definitions
This statute sets the family child care age definitions used with the ratio table: newborn, birth to 6 weeks; infant, 6 weeks to under 12 months; toddler, 12 to under 24 months (under 30 months for specialized infant-and-toddler care); preschooler, 24 months to school age; school age, 5 to under 11.
Maximum group size (centers)
Group size limits apply to centers. In family child care, the licensed capacity in Minn. R. 9502.0367 works as the cap.
Center maximum group sizes
Infants 8, toddlers 14, preschoolers 20, school-age 30. Group size limits do not apply during meals, outdoor activities, field trips, naps and rest, or special activities such as films, guest speakers and holiday programs. Staff ratios still apply at those times.
Moving a child up or holding a child back
With agreement of the parent, teacher and director, a child may be designated an infant up to 18 months or a toddler up to 35 months, or moved to preschool at 31 months. A child attending kindergarten is school age.
Staff qualifications
Center job titles (director, teacher, assistant teacher, aide) each have minimum education and experience. Family child care has simpler rules.
Center director
A director must be at least 18, have a high school diploma or equivalent, and have at least 1,040 hours of staff supervision experience. They also need 9 quarter credits (or 90 hours) of accredited coursework in staff supervision, human relations and child development. A director who teaches or writes the program plan must also qualify as a teacher.
Center teacher
Teachers must be 18 or older and meet one of nine credential paths. Examples: a high school diploma plus 4,160 hours as an assistant teacher and 24 quarter credits; a CDA credential plus 1,560 hours; a bachelor's degree in any field plus 1,040 hours and 18 quarter credits; or a Minnesota prekindergarten/nursery teaching license (nothing more required). An RN or LPN qualifies as a teacher for infants only.
SafePass tip: SafePass staff profiles store certifications with expiration dates, so credential documents are in one place for the licensor.
Center assistant teacher
Assistant teachers work under a teacher, must be 18 or older, and meet one of nine paths. Examples: a high school diploma plus 2,080 hours as an aide and 12 quarter credits; a CDA credential; or a two-year child development certificate.
Aides, volunteers and substitutes
Aides must be at least 16. An aide under 18 must be directly supervised by a teacher or assistant teacher except while helping with sleeping children or with washing, toileting and diapering. Volunteers counted in ratio must meet the qualifications of the position they fill. Unqualified substitutes are capped at 40 hours per year per full-time teacher or assistant teacher position. They may not work more than 10 consecutive days with the same group, and a qualified teacher must be on site.
Experienced aides
An aide who is at least 20 and has 4,160 hours of licensed child care experience (120 days of it with the current employer) may work without direct supervision for up to 25% of daily hours, if a teacher is in the building. Centers must post a notice in those classrooms and may use one experienced aide per four full-time classroom staff.
Family child care provider qualifications
The applicant must be an adult (18+) and, like every regular adult caregiver, have had a physical exam within 12 months before licensure or employment. A group family child care applicant needs one more qualification. Options include one year of substantial compliance as a licensed family provider, six months plus approved training and experience, or an early childhood credential such as a two-year associate degree or a Minnesota prekindergarten license.
Family child care substitutes
A substitute caregiver may be used for no more than 500 hours a year in total, and the license holder must document the substitute's name, dates and hours. In a true emergency, an untrained, unstudied adult may supervise for up to 24 hours while parents are called to pick up. The county must be notified within 7 days.
SafePass tip: SafePass staff time clock records give you dated hours for each person who worked.
Background studies
Minnesota calls these "background studies." They are governed by Minn. Stat. ch. 245C, which did not move to DCYF. The commissioner in that chapter is the commissioner of human services, so DHS runs the studies through its NETStudy 2.0 system.
Who must be studied
The study covers the license applicant and controlling individuals. It also covers employees with direct contact, and volunteers with direct contact who aren't under continuous direct supervision. In family child care, household members age 13 and older are studied, and those age 10–12 when there is reasonable cause. Minn. Stat. § 245C.02, subd. 6a adds contractors and others with unsupervised physical access to children.
When, how, and how often
The request must be submitted through NETStudy 2.0 before the person starts a position with direct contact. Child care studies include fingerprints and a photo for a national (FBI) criminal history check, and must be repeated within five years of the last study. Someone returning after 120 or more consecutive days away needs a new study if they are no longer on the program's active roster.
SafePass tip: SafePass stores each staff member's background study date and flags any that are more than five years old on the Compliance page.
Disqualifications
Listed crimes and conduct disqualify a person permanently or for 15, 10, 7, 5 or 2 years, depending on the offense. A disqualified person must be removed from direct contact unless the disqualification is set aside or a variance is granted after reconsideration (Minn. Stat. §§ 245C.21, 245C.22, 245C.30).
Observing job candidates
A center may watch a prospective employee interact with children for up to two hours without a background study. The candidate must be under continuous direct supervision and may not count in ratio.
Training (incl. SUID, abusive head trauma, CPR and first aid)
Training is set by statute, not the older rules: Minn. Stat. § 142B.65 for centers and § 142B.70 for family child care.
Center orientation
Before starting duties, every director, staff person, substitute and unsupervised volunteer gets orientation. It covers health and safety procedures, emergencies, behavior guidance, maltreatment reporting, the drug and alcohol policy and the risk reduction plan. Where it applies, it also includes at least ½ hour each on safe sleep (SUID) and abusive head trauma.
Center pediatric first aid and CPR
Pediatric first aid and pediatric CPR must be completed before unsupervised contact with children, and no later than 90 days after hire. Both are repeated at least every second calendar year. CPR must include an in-person, observed skills check (American Heart Association, Red Cross or equivalent).
SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.
Center SUID and abusive head trauma training
Anyone caring for infants needs at least ½ hour of SUID-risk training at orientation and every calendar year. Anyone caring for children under school age needs at least ½ hour of abusive head trauma training at orientation and every calendar year. The head trauma training must be interactive, not just reading or video.
Center child development and in-service hours
Directors and staff need 2 hours of child development training within 90 days of hire and again every second calendar year. In-service training each calendar year is 24 hours for directors and staff working more than 20 hours a week, or 12 hours for those working 20 or fewer. Substitutes and unsupervised volunteers need at least 2 hours. Training records must show hours, topic, Knowledge and Competency Framework area, and the first dates of direct and unsupervised contact.
SafePass tip: SafePass keeps staff training records with dates in each staff profile.
Family child care training
Before licensure, the license holder and any second adult caregiver complete 4 hours of child development and behavior guidance, pediatric first aid and pediatric CPR (repeated every 2 years), and the 6-hour Supervising for Safety course. SUID and abusive head trauma training is required before caring for infants or children under school age, and every calendar year after. After that, 16 hours of ongoing training a year, plus a yearly 2-hour active supervision course. Substitutes take the 4-hour Basics of Licensed Family Child Care for Substitutes course, repeated every 3 years. Helpers need 6 hours within their first year.
SafePass tip: SafePass tracks training and certification expiration dates for each caregiver you add as staff.
Car seat training
Anyone who transports children under age 9 must first complete child passenger restraint training from a trainer certified by the Department of Public Safety, repeated at least every five years.
Health and safety
Illness exclusion, hygiene, allergies and hazardous items.
When a center must send a sick child home
Unless licensed for sick care, a center must exclude a child who, for example, has vomited twice or more that day, or has had three or more abnormally loose stools that day. Other examples: a 100°F or higher axillary (armpit) temperature of undiagnosed origin before fever-reducing medicine; contagious pinkeye; strep or impetigo with less than 24 hours of antibiotics; untreated lice, ringworm or scabies; or chicken pox until lesions crust over. A child who becomes sick must be isolated, supervised, and the parent called right away.
SafePass tip: SafePass can run an optional health check at check-in (temperature and symptoms) and notifies directors and parents when a child doesn't pass.
Center health policies and consultant
Centers need written health policies and a health consultant (physician, RN or public health nurse). The consultant reviews first aid, safety, diapering and food sanitation practices before licensure and every year, and monthly for programs serving infants. A physical exam report is due within 30 days of admission. It is updated yearly for children under 24 months and whenever an older child moves up an age category.
Family child care sanitation and illness
Medicines, chemicals, alcohol and poisonous plants must be inaccessible to children. Firearms must be unloaded and inaccessible, with guns and ammunition locked separately. Water in sinks children use may not exceed 120°F. Parents must be told immediately if a child develops a 100°F underarm or 101°F oral temperature, vomiting, diarrhea, or a rash other than mild diaper or heat rash. Diapering may not happen in food areas, and the surface is disinfected after each change.
Allergies
Before admission, get documented allergy information covering triggers, avoidance, symptoms, response steps, medication and dosage, and the doctor's contact. Centers write an individual child care program plan, update it yearly, and document that staff reviewed it. Allergy information must go on field trips and be available where food is served. Family providers use the DCYF form and review it yearly with every caregiver. Centers must call 911 when epinephrine is given.
SafePass tip: SafePass registration packets collect allergies and medical notes, and they show on the child's profile for staff.
Bodily fluids
Clean and disinfect surfaces after blood or vomit. Bag blood-contaminated material with a secure tie, keep a sharps container out of reach, and stock disposable gloves, disposal bags and eye protection.
Facility, furniture and hazards
Minnesota's current rules have no explicit furniture-anchoring requirement. Instead, centers must keep furniture and equipment stable and in good repair. Center risk reduction plans must address specific hazards, including fingers caught in cabinet doors and falls from changing tables.
Center equipment, furniture and hazardous objects
Equipment and furniture must be durable, in good repair, and structurally sound and stable once assembled and installed. It must be free of sharp edges, pinch or crush points, and openings that could trap a child. Sharp objects, medicines, plastic bags, poisonous plants and chemicals must be out of children's reach. Rugs must be non-skid or fastened down, and toys mouthed by infants and toddlers are disinfected daily.
Center risk reduction plan
Every center needs a written risk reduction plan. It assesses its building and surroundings, such as hard-to-supervise areas, busy roads and storage of medicines and cleaners. It must include procedures for: fingers closed in doors (including cabinet doors), children leaving without supervision, elbow dislocation, burns from hot food or drinks, sunburn, feeding allergens, falls from changing tables, and access to dangerous items. It also covers supervision at transitions, nap, drop-off and pick-up, and outdoors. Review it every calendar year (subd. 3).
SafePass tip: SafePass incident reports give you the injury history to review at the yearly risk reduction plan check.
Center building features
Hot surfaces such as radiators and pipes must be shielded. Outlets must be tamper-proof or covered (except school-age-only centers). Kitchens and stairs must be off-limits except during supervised use. Keep rooms at least 68°F and hand-sink hot water no hotter than 120°F. Centers need one toilet and one hand sink per 15 children, and fire extinguishers serviced every year.
Family child care physical environment
Homes need at least 35 sq ft of usable indoor space per child. Outdoor play space must be 50 sq ft per child, either next to the home or a park within 1,500 ft. Pools and other water must be inaccessible except during supervised use. The furnace, water heater and workshop must be inaccessible, and combustibles kept away from heat sources (see § 142B.72 for distances). Keep rooms at least 62°F. Outlets accessible to children under first grade must be tamper-proof or covered. Decks over 30 inches need guardrails, and exit doors may not have double-key deadbolts.
Family child care fire safety and stairs
Each sleeping room and any basement used for care needs a second way out: a stairway or door to the exit floor plus a door or window directly outside, with minimum window sizes. Other requirements: a fire-rated door to an attached garage; a 2-A:10-B:C fire extinguisher near the kitchen, serviced annually; a carbon monoxide alarm within 10 ft of rooms where children sleep; and smoke alarms outside sleeping rooms and on every level. Stairs with four or more steps need a handrail, and gates are required when children aged 6–18 months are in care.
Crib safety checks
For every crib, keep the brand and model number. Check them against the CPSC unsafe-crib list each year, and inspect each crib monthly using a written checklist (loose hardware, mattress gaps, damaged mesh). Unsafe cribs must be removed right away. Family providers may use mesh play yards if they pass the monthly checks.
Emergency preparedness and drills
Written emergency plans on a DCYF form, plus monthly drills.
Center emergency plan
Centers need a written plan on the DCYF form. It covers evacuation, relocation, shelter-in-place and lockdown; a relocation site and route; how parents are notified and children reunified; accommodations for infants, toddlers and children with disabilities or chronic conditions; grab-and-go medications; and continuity of operations. Staff are trained at orientation, at every change and yearly. The plan is reviewed every year and given to parents at enrollment.
SafePass tip: SafePass parent messaging and announcements can reach every family at once during a relocation or reunification.
Center emergency policies, drills and incident records
Policies must cover first aid, daily hazard inspection, missing children, and unauthorized or impaired people trying to pick up. Hold monthly fire drills and monthly tornado drills from April to September, and log each one. Record every accident, injury and incident: who was involved, when and where, the injury, staff action and who was notified. Analyze those records every year.
SafePass tip: SafePass incident reports record what happened, the action taken and first aid, notify the parent, and capture the parent's e-signature.
Family child care emergency plan and drills
Family providers keep a written emergency preparedness plan on the DCYF form, update it yearly, and train caregivers before they provide care and every year. The fire escape plan must be approved by the agency, with a logged monthly fire and storm drill. Required: a working phone (a charged cell phone is OK), a designated tornado shelter area, a battery flashlight and radio, and pre-arranged emergency substitute care.
Medication
Giving medicine in a center
Written parent permission is required before giving any medicine, diaper cream, sunscreen or insect repellent. Prescription medicine also needs written instructions from a physician or dentist; a pharmacy label with the child's name counts. Keep medicine in the original container with the child's name, never give it after expiration, and store it out of children's reach. Record each dose: child, medicine, date, time, dose, and the name and signature of the person who gave it. That record goes in the child's file and is available to the parent.
SafePass tip: SafePass collects the parent's signed medication request. Staff approve it, then log each dose with time, amount and staff name, and the parent gets a notification. Check whether your licensor also wants a handwritten signature on the dose record.
Giving medicine in family child care
Written parent permission is required before giving medicine, diapering products, sunscreen or insect repellent. Nonprescription products are used per the manufacturer's label unless a doctor or dentist writes otherwise. Prescription medicine needs written instructions from a physician or dentist (the pharmacy label counts).
SafePass tip: SafePass keeps the parent's signed authorization and a dated dose log for each child.
Immunizations
Immunization records for child care
Children over 2 months old must have an immunization record on file to enroll in licensed child care. The alternatives are a physician's medical exemption statement or a notarized statement of the parent's conscientiously held beliefs. Licensed centers and family providers may adopt a policy refusing children who are neither immunized nor exempt under the statute (subd. 3b).
SafePass tip: SafePass lets parents upload vaccine records. Staff verify them, and the dashboard lists overdue and due-soon doses, with an exemption field.
Center immunization documentation
At enrollment, a center must get current immunization documentation, a notarized parental objection, or a medical exemption.
Family child care immunization updates
Family providers must request and update immunization dates for children in regular attendance: every 6 months for infants, every year for toddlers, every 18 months for preschoolers, and every 3 years for school-age children.
SafePass tip: SafePass reminds parents 30 and 7 days before a recorded next-due date.
Food and nutrition
Center meals and snacks
When the center provides food, menus must meet USDA CACFP meal patterns (7 CFR 226.20). The minimum depends on attendance: a snack for 2–5 hours; one meal and two snacks, or two meals and one snack, for 5–10 hours; and two meals and two snacks for more than 10 hours. Staff sit with the children at meals. Refrigerate perishables at 40°F or below, post allergy information where food is served, follow written infant feeding instructions, and label bottles. Water must be available all day.
SafePass tip: SafePass weekly menus and meal logs show parents what was served and how much their child ate.
Family child care food and water
Offer well-balanced meals and snacks that cover the USDA food groups, and serve only pasteurized milk. Follow parents' written special diet instructions, use flexible feeding schedules for infants and toddlers, and label food brought from home. Keep cold food at 40°F or below and hot food at 150°F or above. No home-canned low-acid foods. Private well water must be tested every year.
No propped bottles
Hold infants for bottle feedings until they can hold their own bottle. Bottles must not be propped.
Safe sleep and naps
Minnesota's infant safe-sleep law applies to every licensed program, centers and homes alike.
Infant safe sleep
Infants under 1 year sleep on their backs unless a physician, APRN or PA directs otherwise on the commissioner's form. The crib has a firm mattress and tight fitted sheet, and nothing in it except an unattached pacifier. An infant who falls asleep elsewhere is moved to a crib as soon as practicable and kept in sight until then. Sleepwear may not have weights, hoods or bibs. Swaddling needs a signed parent consent form and is prohibited once a baby starts rolling over.
SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them.
Supervising sleeping infants in centers
Center supervision normally means sight and hearing. When an infant is in a crib room, sight or hearing is enough, but the center must have a plan for the rest of supervision.
Center nap and rest
Centers need a developmentally appropriate nap policy, shared at enrollment. A child who has napped or rested quietly for 30 minutes may not be required to stay on the cot. Cots and cribs sit directly on the floor, with a clear aisle and bedding for each child, washed weekly.
Family child care sleep checks (recommended)
Family providers are encouraged, though not required, to do in-person checks on sleeping infants every 30 minutes. The recommendation is every 15 minutes during an infant's first four months in care or when the infant has an upper respiratory infection, and to use an audio or video monitor.
Behavior guidance
Center behavior guidance
Centers need written, developmentally appropriate guidance policies. Corporal punishment (including rough handling, shaking or spanking), emotional abuse (name-calling, shaming, threats), withholding food, light, warmth, clothing or medical care, punishment for toileting accidents, and mechanical restraints are prohibited. A child may be separated from the group only after less intrusive methods fail and only within sight and hearing in the classroom. Infants (under 16 months) are never separated. Each separation is logged, and parents are notified after three in one day. Five in a week, or eight in two weeks, triggers a behavior plan with the parent.
SafePass tip: SafePass messaging gives you a dated record of parent notifications.
Family child care behavior guidance
Corporal punishment, emotional abuse, withholding necessities, and having another child discipline are prohibited. Separation must suit the child's age, last no more than 10 minutes, and happen in a well-lit, open, hazard-free place in view of a caregiver, never a locked room. Infants are never separated for discipline, and no child is punished for toileting accidents.
Records and retention
How long to keep records
Keep child records for at least five years after the child leaves, personnel records for five years after employment ends, and administrative and financial records for five years after the program closes. Electronic records and e-signatures are allowed if they are attributable, reproducible, time-stamped, secure, and available to the licensor on request.
SafePass tip: SafePass keeps records with dates and times, and it exports attendance reports as PDF for a licensor.
Center child records
At enrollment, record: name, birthdate and address; parent contacts; people authorized to pick up; regular and emergency medical and dental care; two emergency contacts; health and immunization forms; emergency treatment authorization; schedule; any dietary or medical needs; and, for children under 36 months, eating, sleeping, toileting and comfort habits. Record parent conference dates too. Records are confidential.
SafePass tip: SafePass registration packets collect guardians, emergency contacts, authorized pickups, physician and allergy information, with a parent signature.
Center parent information and daily reports
Give parents the center's key policies in writing at enrollment, and offer individual conferences at least twice a year. Parents of infants and toddlers get a daily written report on food intake, elimination, sleep and general behavior.
SafePass tip: SafePass daily activity logs (meals, naps, diapers) and the end-of-day summary push give parents the daily report automatically.
Family child care admissions and records
Before admission, keep the department's signed admission and arrangements form for each child. It lists parent contacts, the emergency doctor, dentist and hospital, emergency contacts, everyone authorized to remove the child, enrollment dates and fees. Keep written parent instructions on toileting, eating, sleep, allergies and health, plus signed consent for emergency care and transport. Release a child only to a parent or someone the parent authorized.
SafePass tip: SafePass shows staff each child's authorized pickups, with photos, at check-out.
Attendance and sign-in/sign-out
Under current law, drop-off and pick-up times must be recorded for every child whose care is paid by a government program such as CCAP. From July 1, 2027, the new chapters require these records for every child (see Recent changes).
Attendance records for publicly funded care
Centers and family providers must keep actual attendance for each child whose care is reimbursed by a government program. Each record has the child's first and last name, drop-off time and pick-up time. It must be completed on the day of attendance and be available to the licensor during operating hours.
SafePass tip: SafePass Kiosk records each check-in and check-out with a timestamp and who dropped off or picked up, and it exports attendance reports as PDF.
Parent access
An enrolled child's parent or legal guardian must be allowed access to their child at any time while the child is in care.
Unauthorized pickups (centers)
A center's emergency policies must say what staff do if an unauthorized, incapacitated or suspected abusive person tries to pick up a child, or if no one comes.
SafePass tip: At check-out, SafePass shows staff the child's guardians and authorized pickups, with photos, and records who picked the child up.
Transportation and field trips
Center transportation
Drivers need a valid license for the vehicle, and ratios apply on all transportation and field trips. A second adult is needed when more than four children under 5 ride in a car or van. When the center provides transportation to and from the center, a second adult must also be in the vehicle and one-way trips may not exceed one hour. A two-way radio can replace the second adult when 10 or fewer children ride. Children use seat belts or car seats as Minnesota law requires.
Field trip permission
Get written parent permission for each field trip, or an annual form listing all trips, stating purpose and destination. Staff take emergency contacts, the child's physician number and a first aid kit.
Family child care transportation
Get written parent permission to transport. Every child must be in a properly installed car seat, belt or harness suited to their weight, and children under 4 in a federally approved car seat. The vehicle must be licensed and the driver hold a valid license. No child may ever be left unattended in a vehicle.
Inspections and correction orders
Center inspections
DCYF must make at least one unannounced licensing inspection of each licensed child care center every calendar year.
Family child care inspections
The county must make at least one unannounced licensing review of each family child care program every year. Counties may not grant a variance above the 14-child family child care maximum, except as provided in § 142B.41, subd. 4.
Fix-it tickets
For eligible minor violations that don't endanger children and weren't cited at the last inspection, the licensor issues a fix-it ticket instead of a correction order. The violation must be fixed on the spot or within 48 hours (excluding weekends and holidays), with proof sent within a week. Fix-it tickets are not posted on DCYF's website. This process ends when the weighted risk system (§ 142B.171) takes effect.
Correction orders and conditional licenses
A correction order states the violation, the specific law or rule, and the deadline to fix it. A conditional license adds terms and must be posted where parents and visitors can see it for two years, or four years if it comes with a maltreatment investigation memorandum. Counties and DCYF may not set quotas for correction orders.
Fines, suspension and revocation
DCYF may fine, suspend, revoke, or immediately suspend a license when children are at imminent risk. Fines are $200 per occurrence for health, safety, supervision, ratio or background-study violations, $100 for other violations, $1,000 per maltreatment determination, and $5,000 for serious maltreatment (capped at $1,000 for family child care). Fines, suspensions and revocations must be posted for two years. For an immediate suspension based on safe-sleep violations, DCYF does not have to show that an infant died or was injured.
Challenging a citation
Reconsideration of a correction order
You have 20 calendar days to ask DCYF in writing to reconsider the parts of a correction order you believe are wrong, with an explanation and documentation. You may first ask for interpretive guidance if the rule is ambiguous. Family providers can ask for expedited review when compliance would be very costly. A request doesn't pause the order, and DCYF's decision is final (no contested case hearing).
Reconsideration of a conditional license
Request reconsideration within 10 calendar days. A timely request pauses the conditional license terms. If the conditional license comes with a fine, you get a contested case hearing on both instead.
Appealing sanctions
Appeal a suspension, revocation or fine in writing within 10 calendar days, which gives you a contested case hearing before an administrative law judge. An immediate suspension must be appealed within 5 calendar days. The expedited hearing is held within 30 days of the judge being assigned.
Reapplying after revocation or denial (family child care)
After a revocation for noncompliance, a provider can't be relicensed for five years. After a denial, the wait is two years unless there is substantial new information.
Most common citations
Period: State fiscal year 2019 (July 2018 – June 2019), licensed family child care only
How it was counted: These are official aggregate figures from the state's Electronic Licensing Inspection Checklist data, not our own count. County licensors made 6,674 annual visits to family child care homes and issued 1,269 correction orders. Over 80% of visits found no violations, and 227 visits ended with only a fix-it ticket. 65% of correction orders listed one or two violations. The state reported violations by category (share of all violations cited in correction orders), not by rule part, so 'rule' is empty and no per-rule counts are given. No later edition with violation data was found, and there is no comparable published breakdown for centers. Correction orders are public per provider in the Licensing Information Lookup, but DCYF offers no bulk download, and the site blocks automated access, so we did not sample it.
| Topic | Share of citations | How to avoid it |
|---|---|---|
| Physical environment and safety | 33% | Walk the home before each inspection with Minn. R. 9502.0425/0435 and Minn. Stat. § 142B.72 in hand: chemicals and medicines locked away, outlet covers, stair gates, smoke and CO alarms tested, extinguisher tag current, water at or below 120°F. |
| Staff, records and reporting | 27% | Keep each child's admission form, immunization dates, signed permissions and insurance notices current, and report household changes to the county within 30 days. |
| Caregiver qualifications and training | 24% | Track expiration dates for CPR, first aid, and the annual SUID/AHT and active supervision courses. Log the 16 annual training hours for you and any second adult. |
| Cribs and sleep safety | 14% | Do and document the monthly crib inspection and annual CPSC check (Minn. Stat. § 142B.45). Infants go on their backs in an empty crib (§ 142B.46). |
| Capacity and ratios | 2% | Count your own children and every child under 11 present, and check the infant/toddler limits in Minn. R. 9502.0367 before accepting a new enrollment. |
Frequently asked questions
How many kids can a home daycare have in Minnesota?
A licensed family child care home (class A) can have up to 10 children with one adult. No more than 6 may be under school age, no more than 3 infants and toddlers combined, and no more than 2 infants. A group family child care home can have up to 12 children with one adult, or 14 with two adults, each with its own infant and toddler limits. The count includes the provider's own children age 10 and under. (Minn. R. 9502.0315, 9502.0367)
What are the staff-to-child ratios for daycare centers in Minnesota?
Infants 1:4 (max group 8), toddlers 1:7 (max 14), preschoolers 1:10 (max 20), and school-age children 1:15 (max 30). In centers, infants are 6 weeks to under 16 months and toddlers 16 to under 33 months. (Minn. R. 9503.0005, 9503.0040)
Do I need a license to watch other people's kids in my home in Minnesota?
Usually yes, unless an exclusion applies. You don't need a license to care only for relatives' children, for the children of one unrelated family, or for fewer than 30 days in any 12-month period. Anyone else must be licensed before providing or advertising care. (Minn. Stat. § 142B.05)
Who licenses child care in Minnesota now: DHS or DCYF?
The Department of Children, Youth, and Families (DCYF) has licensed child care centers and family child care since June 18, 2025, and the statutes moved from chapter 245A to chapter 142B. County agencies still license and inspect family child care. Background studies under chapter 245C remain with the Department of Human Services.
How often are Minnesota daycares inspected?
At least once a year, unannounced. DCYF must inspect each licensed center at least once every calendar year, and counties must review each family child care home at least once a year. (Minn. Stat. §§ 142B.02, subd. 7; 142B.30, subd. 1)
What training do Minnesota child care providers need?
Center staff need orientation before working, pediatric first aid and CPR within 90 days (renewed every second calendar year), yearly safe sleep (SUID) and abusive head trauma training, and 24 hours of in-service training a year (12 if part-time). Family providers need pre-licensure training (including the 6-hour Supervising for Safety course), first aid and CPR every 2 years, yearly SUID and AHT training, and 16 hours of training a year. (Minn. Stat. §§ 142B.65, 142B.70)
What are Minnesota's safe sleep rules for babies in daycare?
Infants under 1 sleep on their backs in a crib with a firm, tight-fitted mattress and nothing else in it except an unattached pacifier. Different positions need a medical form. No weighted sleepwear, hoods or bibs, and no swaddling without signed parent consent, never once the baby can roll. Cribs are checked monthly and against the CPSC recall list yearly. (Minn. Stat. §§ 142B.45, 142B.46)
Do Minnesota daycares have to keep sign-in and sign-out records?
Yes for any child whose care is paid by a government program such as CCAP. The record must show the child's name and drop-off and pick-up times and be completed the same day (Minn. Stat. § 142B.41, subd. 10). From July 1, 2027 this applies to every child in centers and family child care (Minn. Stat. §§ 142H.30, 142I.06).
Can I look up a Minnesota daycare's violations?
Yes. DCYF's Licensing Information Lookup lets you search any licensed program and see its public licensing actions. Programs must also post conditional licenses, fines, suspensions and revocations where parents can see them for two years, or four years with a maltreatment memorandum. Fix-it tickets are not posted online. (Minn. Stat. §§ 142B.16, 142B.17, 142B.18)
What is changing in Minnesota child care licensing in 2027?
On July 1, 2027 new statutes replace the old rules: chapter 142H for centers and chapter 142I for family child care (Laws 2026, ch. 127, arts. 12–13). Center ratios stay the same, family license classes are renamed and a new 18-child class is added, and attendance records become required for every child. Until then, Minn. R. chs. 9502 and 9503 still apply.
Sources
- Minn. R. ch. 9503, Child Care Center Licensing (Office of the Revisor of Statutes) (accessed November 8, 2026)
- Minn. R. ch. 9502, Licensing of Day Care Facilities (family and group family child care) (accessed November 8, 2026)
- Minn. Stat. ch. 142B, Children, Youth, and Families Licensing (2026) (accessed November 8, 2026)
- Minn. Stat. ch. 245C, Human Services Background Studies (2026) (accessed November 8, 2026)
- Minn. Stat. § 121A.15, Health standards; immunizations (accessed November 8, 2026)
- Minn. Stat. ch. 142H, Child Care Center Licensing (effective July 1, 2027) (accessed November 8, 2026)
- Minn. Stat. ch. 142I, Family Child Care Licensing (effective July 1, 2027) (accessed November 8, 2026)
- Laws of Minnesota 2026, chapter 127 (accessed November 8, 2026)
- DCYF bulletin, June 18, 2025: child care licensing moves to DCYF (accessed November 8, 2026)
- DCYF, Child Care Regulation Modernization Project (accessed November 8, 2026)
- DCYF, Child Care Regulation Modernization: Report to the Legislature (January 2026) (accessed November 8, 2026)
- DHS OIG, Status of Child Care in Minnesota, 2019 (February 2020) (accessed November 8, 2026)
- Licensing Information Lookup (public license and licensing-action search) (accessed November 8, 2026)
Educational information, not legal advice. Rules change and inspectors apply them to your specific program. Always confirm requirements with your state child care licensing agency: Minnesota Department of Children, Youth, and Families (DCYF), Licensing; county agencies license family child care. How we handle your information: privacy policy.