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The decision to open a licensed child care center can be a complex one. For a prospective applicant that does not have business ownership experience, or one that is new to licensed child care, the pre-application stage is a perfect time to do some research. See below for considerations to help determine if owning and operating a licensed child care center is a good fit.
A location with a valid mailing address must be secured before the child care center application is submitted.
Child care center licensing laws in Minnesota have specific requirements related to the indoor facility and outdoor space where child care will be provided. For that reason, particular attention should be focused on ensuring that the physical location and facility meets the requirements in MN Rules, part 9503.0155 or that the facility can be renovated to meet them. It is highly encouraged that applicants consider all of the child care center licensing requirements, any enhancements to the facility to make the space suitable for group child care, usable square footage, the outdoor activity area, and the operation plan when choosing a facility and location.
The facility will also need to pass inspections by other agencies, such as zoning, health, fire and building inspections. While these inspections themselves will not be requested or occur until further in the application process, applicants will want to ensure the facility will be able to fulfil the inspection requirements. Local city or county agencies, architects, and building contractors may be a source of guidance in understanding inspection requirements and determining if the facility will pass inspections. 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 can be found on the State Fire Marshal website
Legal authority: Minnesota Statutes, section 245A.10, subdivision 1; Minnesota Rules, part 9503.0155
The name and legal ownership structure of your child care center is an important step. You will need both of these determined before registering your business with the Minnesota Secretary of State. The legal ownership structure of the business has to do with how the business is legally set up with respect to financial stakeholders and business ownership liability. For example, will the child care center belong to one individual, be a partnership, a limited liability company, or a corporation? The business should also consider whether the structure is for-profit or not-for-profit. The way the business is structured may affect what types of loans or other sources of financing are available to the business. For more information, First Children’s Finance has helpful resources to review. A business attorney or accountant can provide individual guidance how to make these decisions.
Legal authority: Minnesota Statues, section 245A.04, subdivision 1, paragraph (f), clause 3; Minnesota Statutes, section 245A.04, subdivision 1, paragraph (g)
Before a child care center license is granted by the Department of Human Services, all controlling individuals will need to complete the process of submitting a Department of Human Services background study request and each background study must result in the issuance of a clearance notice. Who or what are your controlling individuals? (PDF) is a resource created by DHS to assist applicants understand more about controlling individuals. More information about background studies will follow in Phase II of the application process (see below) and information about background study requirements can be found on the DHS Background Studies website.
Legal authority: Minnesota Statutes, section 245A.04, subdivision 3
This series of videos presents a high-level overview for individuals applying for a child care center license and important details to consider prior to submitting the license application. The key objective of this series of videos is providing support and information that allow the applicant to understand what licensed child care entails, how to ensure compliance with licensing requirements, and things to consider in planning for the operation of a child care center as a small business. Topics include defining licensed child care in Minnesota, key considerations that contribute to operating a successful child care center business, policies and procedures for licensed child care centers, staffing requirements for licensed child care centers, and more.
The Child Care Center Licensing Unit offers an information session for individuals interested in applying for a child care center license. The session features information on the different phases of the process to obtain a child care center license in Minnesota. The session is offered quarterly.
Participation is not a requirement of the licensing process for child care centers. The session is intended to support applicants, provide guidance, and offer resources related to applying for a child care center license. It is recommended that individuals who are considering applying for a child care center license review the DHS Licensed Child Care Center E-Learning videos prior to registering for this information session.
More information, including a link to register, can be found on the main Child Care Center Licensing website.
Licensing requirements for child care centers help protect the health and safety of children by requiring that providers meet minimum standards for care and physical environment. The requirements are in law and published by the Office of the Revisor of Statutes.
The application process to get a child care center licensed in Minnesota can be broken into three phases.
Applications are submitted through the Provider Hub. If you are an existing license holder applying for a new location, you will apply for a new center location on your existing account in the Provider Hub. If you are a new license holder that does not currently operate a licensed center, you will create a new account.
For detailed instructions on how to submit an application in the Provider Hub, visit Provider Hub: Getting started.
Provider Hub Assistance
Licensing Assistance
Ownership considers the owners of a business, as well as the persons who provide governance and leadership in an organization or government entity. In situations where the owner of the child care center business is an organization or government entity, determining ownership can be complex. Ownership verification for these types of license applicants includes determining the relationships among the persons and entities that own the organization, have an interest in the organization, or are members of the organization, or that provide governance (such as on a board of directors or school board). Minnesota Statutes, section 245A.04, subdivision 1, paragraphs f-h contains the specific details about the ownership verification requirements for each type of license applicant: an organization, a government entity, and an individual.
DHS Licensing requests clear documentation of ownership delegation and the structure of a business, organization, or government entity when an applicant applies for a child care center license.
Submit the following to verify ownership:
Legal authority: Minnesota Statutes, section 245A.04, subdivision 1, paragraph (g), clauses (2-5)
Submit the following to verify ownership:
Submit the following to verify ownership:
Worker’s compensation insurance provides compensation to employees who have a work-related injury or disease. Minnesota Statutes, section 176.182 requires every employer to pay compensation in case of personal injury or death arising out of and in the course of employment. Every state or local licensing agency is required to withhold issuing or renewing a license or permit to operate a business in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage. Complete the Minnesota Workers Compensation Law form to verify that workers compensation insurance is required for the child care center. This form will be submitted with the application.
A valid workers’ compensation policy must be kept in effect at all times by employers as soon as employees begin working in the child care center. If the business has no employees at the time the application is submitted, documentation from the insurance company must be provided that states the center will start the policy when staff have been hired.
Legal authority: Minnesota Statutes, section 176.182
A floor plan of your facility that identifies all indoor and outdoor spaces used during the hours of operation must be included with the application. The floor plan, including the outdoor activity area, must indicate the size (dimensions) and planned use of each area per Minnesota Rules, part 9503.0155, subpart 4. The primary and secondary exits and tornado shelters must also be included on the floor plan. Additionally, details for each classroom and facility space with how it will be used is required to be entered into the Provider Hub.
Legal authority: Minnesota Rules, part 9503.0155, subpart 4; Minnesota Rules, part 9503.0140, subpart 21
Developing complete, effective policies and procedures is an important part of the licensed child care center application process. Minnesota statute requires that the license holder develop policies and procedures necessary to maintain compliance with licensing requirements. The DHS Licensed Child Care Center website has a resource for applicants to guide them in writing complete policies and procedures, Guidelines for Developing Policies and Procedures. Use this resource as a checklist to ensure that the policies and procedures submitted meet all requirements in rule and statute. Each policy and procedure will need to be uploaded separately when applying within the Provider Hub.
Health policies and practices are required and must be approved by a qualified health consultant before licensure per Minnesota Rules, part 9503.0140, subpart 2.
Legal authority: Minnesota Statutes, section 245A.04, subdivision 14
The Authorized Agent must approve the license application by signing the Applicant Agreement, Acknowledgement, and Verification Form. The form must be notarized by a notary public.
Legal authority: Minnesota Statutes, section 245A.04, subdivision 1
A non-refundable application fee is required at the time that your application is submitted to the Department of Human Services. This application fee is for evaluation of the application and inspection of licensed program. The application fee for a licensed child care center is $500. Additionally, the fee for a fire inspection of $50 will need to be submitted.
Legal authority: Minnesota Statutes, section 245A.10, subdivision 1, paragraph (a), Minnesota Statutes, section 245A.10, subdivision 3, paragraph (a)
This phase has many working parts that both licensors and applicants can be working on simultaneously. There are many factors that affect how this phase is completed, some of which are the interaction of other agencies for required facility inspections, background studies, engaging a health consultant, and meeting equipment and supply requirements. The applicant will work directly with their licensor for support through this part of the application process.
After initial submission and review, the applicant will receive notice if any required application information needs to be re-submitted, updated, or changed. At that point, the applicant will be given 45 days to respond. Failure to respond and submit a substantially complete application within the 45 days will result in denial of the application.
Upon submission of the child care center license application, DHS will request a zoning inspection from the local zoning authority where the center will be located to ensure that the property has been cleared for child care center services. The DHS Licensor assigned to the application will request any applicable inspections from local building inspectors, trained local fire inspectors or state fire marshal, and the health department with jurisdiction in the area where the center will be located. In some cases, the applicant may be required to submit inspection forms directly to the inspector or responsible agency and pay any fees associated with an inspection. If this is required the applicant will be informed. Once requested, the individual inspectors will contact the applicant to provide more information on the specific details of each inspection and how to go about scheduling the inspections.
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 can be found on the State Fire Marshal website.
Legal authority: Minnesota Statutes, section 245A.04, subdivision 2; Minnesota Statutes, section 245A.04, subdivision 2, paragraph (a)
Child care centers are required to ensure that meals and snacks are available to children during licensed hours of operation. Menus that meet the nutritional needs of children must be submitted for review. The site of preparation can be different for each of these meals and snacks served. For example, if the parents provide lunch, but the center provides breakfast and snacks, the menu should reflect the meals served by the center. If the center is planning to cater meals, but not snacks, the center must have a plan of how snacks will be provided.
Minnesota Rules, part 9503.0145, subpart 4 requires that each meal provides one-third (1/3) of the child’s daily nutritional needs, as specified by the United States Department of Agriculture, Food, and Nutrition Service (USDA). The actual number of meals and snacks a child must be provided is determined by how long the child is in attendance each day. Menu components, such as how many servings of fruit, whole grains, and dairy, are also specified by the USDA. Meal Patterns are provided by the Minnesota Department of Education that specify the USDA requirements for infants and children aged 1-18 years. The Department of Human Services (DHS) child care licensors monitor menus for compliance to USDA requirements and additional requirements related to food and water found in this chapter.
Legal authority: Minnesota Rules, part 9503.0145
Specific types of equipment and supplies are required for each age category the child care center will be licensed to serve. Equipment purchases are often purchased during Phase II of the application process. Equipment must be age appropriate and address any special needs of children served. The center must have enough equipment for the number of children for which the center is licensed. If equipment is rotated among groups of children, there must be enough to serve the maximum group size of the age group using the equipment and the rotation must be shown on the daily schedule in the child care program plan. Equipment must be in good repair and accessible for use by the children during hours of operation each day. Accessible means that the equipment is stored in a location where children themselves are able to reach and use the equipment.
Checklists for equipment are also available on the DHS Licensed Child Care Center website for each age category:
Legal authority: Minnesota Rules, part 9503.0060
Licensed child care centers must have a health consultant who reviews policies, procedures, and practices related to the health and safety of children. The health consultant review of policies and procedures must be done before the license is granted and documentation of this review must be submitted before policies are approved by licensing. Applicants may find it beneficial to begin their contract with a qualified health consultant earlier in the application process.
Additionally, a health consultant review of policies, procedures, and practices must be repeated every year related to first aid and safety policies and procedures required by part Minnesota Rules, part 9503.0110, subpart 3, items A, B, and C, unless the center serves infants. For centers serving infants, this review must be done before the application is submitted and monthly thereafter. Additionally, the license holder must request a review by the health consultant of the center's health policies and practices if there is a proposed change in the center's health policies or practices or an outbreak of contagious reportable illness as specified in part 4605.7040. A copy of the health consultant’s findings must be placed with the center’s administrative records.
A “health consultant” means a physician licensed to practice medicine under Minnesota Statutes, chapter 147; a public health nurse or registered nurse licensed under Minnesota Statutes, section 148.171; or the community health board as defined in Minnesota Statutes, section 145A.02, or its designee.
Legal authority: Minnesota Rules, part 9503.0140, subpart 2; Minnesota Rules 9503.0005, subpart 14
Minnesota Rules, part 9503.0120 specifies requirements for personnel records and includes documentation of information about the staff person, verification of qualifications for their position, orientation training, Pediatric CPR and Pediatric First Aid training, and in-service training.
DHS provides forms that can be used as a resource for personnel records. All personnel information will be entered in the Provider Hub.
Legal authority: Minnesota Rules, part 9503.0120
Forms used to document requirements for children’s files must be submitted before a license is granted. Requirements for children’s files can be found in Minnesota Rules, part 9503.0125. At enrollment, a number of items must be maintained in each child’s record. The DHS Licensed Child Care website provides forms that can be used for children’s records.
A checklist is available to assist applicants in understanding the children’s record requirements that must be maintained by the program within the center at all times and be available for inspection at the request of the Commissioner.
Legal authority: Minnesota Rules, part 9503.0125
Forms used to document requirements for the child care center’s administrative records must be submitted before a license is granted. Requirements for center administrative records can be found in Minnesota Rules, part 9503.0115. The DHS Licensed Child Care website provides forms that can be used for administrative records.
A checklist is available to assist applicants in understanding the administrative record requirements that must be maintained by the program within the center at all times and be available for inspection at the request of the Commissioner.
Legal authority: Minnesota Rules, part 9503.0120
The DHS licensor will work with the applicant to schedule an on-site licensing inspection called the pre-licensing inspection once all required documents, policies, and procedures have been approved, and all applicable building, fire, and health inspections are in compliance.
The facility should be set up as if children are attending the next day. Some examples of having your facility “ready to serve children” include:
Before the pre-licensing inspection can be scheduled, background studies for the license holder, all controlling individuals, and all staff required for appropriate staffing distribution requirements must be complete. The results of the completed background study must indicate that individuals have been cleared to work with children, and any additional details specific to an individual’s background study results must be complied with. Staffing pattern documentation must indicate that one teacher-qualified staff per age category with a completed background study is scheduled to work during all hours of operation. Additionally, if an individual has a background study that requires supervision at all times, the staffing pattern documentation must show the center’s plan for ensuring compliance to the background study requirement.
During the on-site inspection, the DHS licensor will review all items on the Licensing Checklist. The licensor will also measure the child care spaces to determine capacity, observe the facility layout and condition, verify appropriate equipment and supplies, and review files and other documentation requirements that were not previously submitted in Phase I and Phase II.
The DHS licensor will ask questions to ensure the license holder has competent knowledge of all applicable laws, rules and statutory requirements, as required in Minnesota Statutes, section 245A.04, subdivision 6. For example, the applicant must be ready to articulate how the program expects to comply with staffing ratios for each of its classrooms and articulate how staff scheduled for those positions meet staff qualification requirements; provide the licensor with a personnel file that complies with licensing requirements; and expected practices for emergencies that may arise consistent with your program’s policies and procedures and Minnesota law.
Although friends, relatives, consultants, and attorneys can be present during the pre-licensing inspection, these individuals cannot interact with the licensor on behalf of the applicant. The licensor is evaluating the applicant’s ability to operate the program in compliance with the law. The licensor may require that a controlling individual be present at the pre-licensing visit to determine whether the controlling individual can demonstrate competent knowledge of the applicable rules and statutes. If a friend, relative, consultant or attorney intervenes to demonstrate knowledge of the rules or laws, the licensor may end the pre-licensing inspection at that time and will make a decision about the application without giving the applicant any additional opportunity to provide information.
Legal authority: Minnesota Statutes, section 245A.04, subdivision 4; Minnesota Statutes, section 245A.04, subdivision 6
Following the pre-licensing inspection, DHS licensing will review the entire application, including the documentation gathered during Phase II and the information from the pre-licensing inspection. DHS has 90 days from the completion of all phases of the application process to either grant or deny the application to provide child care.
If the applicant is consistently unable to provide documentation of compliance with the requirements, withholds relevant information or provides false and misleading information in connection with the application, has a background study disqualification, or is unable to demonstrate competent knowledge of applicable requirements, DHS may deny the application.
If the licensing requirements are met, a license is granted. The center cannot serve children and families until the license has been issued by DHS. Operating a child care center without a license is punishable by law. The child care center license will expire on December 31 of each calendar year and must be renewed prior to this expiration date.
In an effort to promote license holder success and ensure the health and safety of children, DHS has established an Early and Often licensor team. These licensors work with applicants through the application process and continue to work with and support the license holder through their first year of operation. The Early and Often licensor conducts multiple center visits during the center’s first year of operation. The first visit is a scheduled, technical assistance visit that occurs approximately three months after the license is issued. The remaining visits in the first year are unannounced. The Early and Often licensor team creates an opportunity for DHS to engage more frequently with license holders and provide increased support and oversight. This approach has decreased the number of conditional licenses issued by the commissioner to child care centers after their first year of operation.
Legal authority: Minnesota Statutes, section 245A.04, subdivision 4; Minnesota Statutes, section 245A.04, subdivision 5
If information is received that a center is allegedly not following licensing requirements or alleged or suspected maltreatment of a child may be occurring in a licensed child care center, the Department of Human Services may assign a child care center licensor or maltreatment investigator to investigate.
Legal authority for the investigation of alleged violation of applicable laws and rules: Minnesota Statutes, section 245A
The licensed child care center email listserv provides information and updates, including legislative changes, for licensed child care centers, from DHS Licensing. If you are the authorized agent for your center, you will automatically receive an email with the same information so you do not need to sign up for this listserv.
