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 certified 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 inspection once per calendar year 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. Center Operators will receive an email notifying them that the correction order is available to review in the Provider Hub. Follow the instructions on the correction order to send “How Corrected” responses to your licensor.
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
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 Minnesota Statutes 245A.03, subd. 2 that chooses to participate in CCAP must be certified:
- (5) Programs operated by a public school for children 33 months or older
- (11) Recreation programs for children that are operated or approved by a park and recreation board
- (12) Programs operated by a school, YMCA, YWCA, or JCC whose primary purpose is to provide child care or services to school-age children
- (13) Head Start nonresidential programs that operate for less than 45 days in a year
- (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
- (18) Camps licensed by the commissioner of health under Minnesota Rules, chapter 4630
- (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.
- (30) Effective January 1, 2024. Head Start programs that serve only children who are at least three years old but not yet six years old.