In this section, we will give you a brief overview of some things you can expect after your are licensed.
Your licensor will visit your program at least once each year.
You will need to maintain records and documentation. Your licensor will review the paperwork you keep for the children in care to make sure that their records are complete. You may choose to keep the records in a binder or in file folders. Not only is this helpful for your licensor at your yearly visit, but it makes keeping track of the paperwork easier for you.
Your licensor will confirm that you are following licensing requirements.
Your licensor will be available for any questions that you have about licensing.
The following are examples of children’s records that you will need to maintain:
Examples of records that you will need to maintain:
Minnesota Rules, part 9502.0345, subpart 2
The agency, department, and the authorized agent shall have access to provider records on children in care to determine compliance with parts 9502.0315 to 9502.0445. The provider shall not disclose any records on children in care to any persons other than the parents of the child, the agency, the department, the persons required by part 9502.0375, subpart 1, and medical or public safety persons if information is necessary to protect the health and safety of the child.
Minnesota Statutes, section 245A.14, Subdivision 14, paragraph (b)
A family child care provider licensed under this chapter and according to Minnesota Rules, chapter 9502, must maintain documentation of actual attendance for each child receiving care for which the license holder is reimbursed for the care of that child by a governmental program.
You must maintain children’s records and share them with your licensor when requested. Your licensor will be reviewing these at your yearly licensing visit.
Your licensor will review your records at your yearly licensing visits. Examples of what your licensor will review is that you and any other caregivers are on track with training, pets are up to date on their vaccinations, and that anyone caring for children is meeting the requirements of being licensed.
The children in your program have a right to their privacy. As their provider, you must protect their privacy by not sharing information from their records with anyone other than the child’s parent, the licensor, the Department of Human Services, and medical or public safety persons, if the information is necessary to protect the health and safety of the child. For example, some providers may choose to use social media or child care apps to assist in communicating with families. While these things may be helpful tools to engage with your child care families, they are also public platforms. You must talk to families about how you use social media and get their permission before posting any pictures or information about their children.
If you participate publicly funded programs, you must keep attendance records for those children.
In this section, we will provide an overview of certain things you need to report and where to report.
Minnesota Rules, part 9502.0375, subpart 2
The provider shall inform the agency:
Once you are licensed, you will be required to report to your licensor if any of the following occur in your program. After you report the situation, your licensor will guide you on next steps.
We know there is a lot to keep track of, especially when unexpected things happen. However, you will want to keep in mind that you will need to report some things immediately to state, county, or local agencies.
In this section, we will cover several types of licensing visits that do or may take place once you have been licensed.
Types of licensing visits include:
Congratulations! Your licensor has done a licensing visit at your program and determined that you are following all the requirements. Your licensor will give you a Licensing Review Report that states when they did your licensing visit and that no violations were found. Your compliant review will be posted on the Licensing Information Lookup website. Your licensor used a checklist called the Electronic Licensing Inspection Checklist Information (ELICI) tool on their computer to review your program for compliance. The same licensing checklist is used by every family child care licensor across the state. That means whether your program is in Ada or Randolph, Paynesville or Mountain Lake, International Falls or Rochester, you will be held to the same licensing standards.
If you are out of compliance with licensing standards, your licensor has several options for next steps. The step(s) your licensor will take next will depend on the nature, severity, and chronicity of the violation(s). Options include:
The fix-it ticket is a written notice about a violation that does not pose an immediate risk of harm to children and can be fixed onsite. The list of eligible fix-it ticket violations is determined by the Commissioner. If the fix-it ticket item is fixed within 48 hours, it will not be posted on the Licensing Information Lookup website.
A correction order is a written notice to the provider of a violation. You may be issued a correction order if the violation is not eligible for technical assistance or a fix-it ticket. Your licensor will give you a written timeline to correct the violation on the correction order.
More severe violations of the regulations may result in a licensing action, which are posted on Licensing Information Lookup. There are several types of licensing actions that can be issued, which are described below.
Fines - When there are violations that pose a risk to the children in care, a provider can be required to pay a fine. Fines are often issued for the following violations: infant safe sleep standards, failure to complete background studies, failure to comply with a correction order, or when the provider has been found responsible for maltreatment. The provider has the right to appeal a fine.
Conditional license - The department may make a provider’s license conditional when providers need to take additional and ongoing steps to remedy more serious or chronic violations, and comply with all other licensing requirements to keep their license. Licensors monitor and provide guidance to providers with conditional licenses to assist them with coming back into compliance.
Temporary immediate suspension - The department requires providers to stop operating immediately if it determines that there is an imminent risk of harm to children’s health, safety or rights. The risk could stem from a provider’s failure to comply with an applicable law or rule, the actions of the provider or other individuals, or conditions in the program. This is a temporary action to close the child care program to protect children’s health, safety, and rights while an investigation is conducted. The provider may appeal the temporary immediate suspension.
Indefinite suspension - On occasion, usually following the issuance of a temporary immediate suspension when an investigation is ongoing, the department may suspend a provider’s license for a longer period than the 90 days allowed for a temporary immediate suspension. The suspension keeps the program closed to protect children’s health, safety, and rights, until it is safe for a provider to begin operating again. If it is determined that the program is not safe and will not be safe for children, the provider’s license will be revoked. The provider may appeal the indefinite suspension.
Revocation - The department may take away a license in response to serious or chronic licensing violations that pose a risk to of harm to children’s health, safety, or rights. Once a license is revoked, the provider may not be issued another license or provide services licensed by DHS for five years. The provider may appeal the revocation.
If you would like to become licensed or have any questions about the licensing process, please reach out to your county licensor or licensing agency. On behalf of the Department of Human Services, thank you for your interest in licensed family child care.
