Legal Unlicensed Child Care

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Do I Need To Be Licensed?


Minnesota Statutes, Section 245A.03, subdivision 1 requires that an individual, corporation, part­nership, voluntary association, or other organization must not operate a nonresidential program (i.e., family child care home) unless licensed by the Commissioner of Human Services.

There are certain exclusions to the licensure requirement.  Under Minnesota Statutes, section 245A.03, sub­division 2, the following child care situations are excluded from licensure:

A.   child care provided to children from a single, unrelated family, for any length of time;

B.  child care provided for a cumulative total of less than 30 days in any 12-month period;

C. child care provided by a relative to only related children (Minnesota Statutes, section 245A.02, subdivision 13 defines an "individual who is related" as a spouse, a parent, a natural or adopted child or stepchild, a stepparent, a stepbrother, a stepsister, a niece, a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an uncle, or a legal guardian.)

Unless you meet this exclu­sion, you must be licensed, in the state of Minnesota.  The standards you must meet to be­come licensed are in Minnesota Rules, parts 9502.0300 to 9502.0445.