HF 4382

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/16/2026 03:09 p.m.

A bill for an act
relating to children; modernizing and encoding rules governing licensed child care
centers and licensed family child care; creating requirements for family child care,
child care center workers, policies, capacity, staff ratios, equipment, notifications,
parent access, record keeping, supervision, facilities, health and safety, food and
nutrition, and transportation; amending Minnesota Statutes 2024, section 245A.211,
subdivision 1; proposing coding for new law as Minnesota Statutes, chapters 142H;
142I; repealing Minnesota Statutes 2024, sections 142B.01, subdivisions 11, 12,
13, 25, 26, 27; 142B.41, subdivisions 4, 6, 7, 8, 10, 11, 12, 13; 142B.54,
subdivisions 1, 2, 3; 142B.62; 142B.65, subdivisions 1, 2, 3, 4, 5, 6, 7, 10; 142B.66,
subdivisions 1, 2, 4, 5; 142B.70, subdivisions 1, 2, 3, 4, 5, 6, 9, 10, 11, 12; 142B.71;
142B.72; 142B.74; 142B.75; 142B.76; 142B.77; Minnesota Statutes 2025
Supplement, sections 142B.41, subdivision 9; 142B.65, subdivisions 8, 9; 142B.66,
subdivision 3; 142B.70, subdivisions 7, 8; Minnesota Rules, parts 9502.0300;
9502.0315; 9502.0325; 9502.0335; 9502.0341; 9502.0345; 9502.0355; 9502.0365;
9502.0367; 9502.0375; 9502.0395; 9502.0405; 9502.0415; 9502.0425; 9502.0435;
9502.0445; 9503.0005; 9503.0010; 9503.0015; 9503.0030; 9503.0031; 9503.0032;
9503.0033; 9503.0034; 9503.0040; 9503.0045; 9503.0050; 9503.0055; 9503.0060;
9503.0065; 9503.0070; 9503.0075; 9503.0080; 9503.0085; 9503.0090; 9503.0095;
9503.0100; 9503.0105; 9503.0110; 9503.0115; 9503.0120; 9503.0125; 9503.0130;
9503.0140; 9503.0145; 9503.0150; 9503.0155; 9503.0170.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

CHILD CARE CENTERS LICENSING MODERNIZATION

Section 1.

new text begin [142H.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter, the terms in this section have
the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Accessible to children. new text end

new text begin "Accessible to children" means capable of being reached
or utilized by a child.
new text end

new text begin Subd. 3. new text end

new text begin Accredited. new text end

new text begin "Accredited" means a postsecondary institution or technical college
recognized and listed in The Database of Accredited Postsecondary Institutions and Programs
maintained by the United States Department of Education.
new text end

new text begin Subd. 4. new text end

new text begin Age categories. new text end

new text begin (a) "Infant" means a child who is at least six weeks old but
less than 16 months old.
new text end

new text begin (b) "Toddler" means a child who is at least 16 months old but less than 33 months old.
new text end

new text begin (c) "Preschooler" means a child who is at least 33 months old up to school age.
new text end

new text begin (d) "School age" means a child who is at least of sufficient age to have attended the first
day of kindergarten, or is eligible to enter kindergarten within the next four months, but is
younger than 13 years of age. A child who becomes 13 during the school year may continue
to be considered a school-age child for the remainder of the school year.
new text end

new text begin Subd. 5. new text end

new text begin Applicant. new text end

new text begin "Applicant" has the meaning given in section 142B.01, subdivision
4.
new text end

new text begin Subd. 6. new text end

new text begin Arrival and departure times. new text end

new text begin "Arrival and departure times" means the times
when children typically arrive at or depart from a center. A center cannot designate more
than 25 percent of licensed hours of operation as arrival and departure times. The designated
arrival and departure times must be used at the beginning or end of a center's licensed hours
of operation.
new text end

new text begin Subd. 7. new text end

new text begin Building official. new text end

new text begin "Building official" means the person appointed pursuant to
section 326B.133 to administer the State Building Code or the building official's authorized
representative.
new text end

new text begin Subd. 8. new text end

new text begin Center. new text end

new text begin "Center" means a child care program that is not excluded by section
142B.05, subdivision 2, and is not a family child care program, as defined in section 142I.01,
subdivision 22.
new text end

new text begin Subd. 9. new text end

new text begin Child. new text end

new text begin "Child" means a person receiving child care services who falls within
the age categories in subdivision 4.
new text end

new text begin Subd. 10. new text end

new text begin Child care program. new text end

new text begin "Child care program" means the organization or
arrangement of activities, personnel, materials, and equipment in a facility to promote the
physical, intellectual, social, and emotional development of a child in the absence of the
parent for a period of less than 24 hours a day.
new text end

new text begin Subd. 11. new text end

new text begin Child care program plan. new text end

new text begin "Child care program plan" means the written
document that states specific activities that will be provided by the license holder to promote
the physical, intellectual, social, and emotional development of the children enrolled in the
center.
new text end

new text begin Subd. 12. new text end

new text begin Clean. new text end

new text begin "Clean" means free from dirt or other contaminants that can be detected
by sight, smell, or touch.
new text end

new text begin Subd. 13. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of children, youth,
and families.
new text end

new text begin Subd. 14. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Children, Youth, and
Families.
new text end

new text begin Subd. 15. new text end

new text begin Direct contact. new text end

new text begin "Direct contact" has the meaning given in section 245C.02,
subdivision 11.
new text end

new text begin Subd. 16. new text end

new text begin Disinfected. new text end

new text begin "Disinfected" means the chemical process to kill most germs and
viruses on surfaces and objects after they have been cleaned.
new text end

new text begin Subd. 17. new text end

new text begin Drop-in child care program. new text end

new text begin "Drop-in child care program" means a
nonresidential program of child care in which children participate on a onetime only or
occasional basis up to a maximum of 90 hours per child, per month.
new text end

new text begin Subd. 18. new text end

new text begin Experience. new text end

new text begin "Experience" means paid or unpaid employment:
new text end

new text begin (1) caring for children as a teacher, assistant teacher, aide, or student intern:
new text end

new text begin (i) in a licensed child care center, a licensed family child care program, or a Tribally
licensed child care program in any United States state or territory; or
new text end

new text begin (ii) in a public or nonpublic school;
new text end

new text begin (2) caring for children as a staff person or unsupervised volunteer in a certified
license-exempt child care center under chapter 142C; or
new text end

new text begin (3) providing direct contact services in a home or residential facility serving children
with disabilities that requires a background study under section 245C.03.
new text end

new text begin Subd. 19. new text end

new text begin Facility. new text end

new text begin "Facility" means the indoor and outdoor space where a child care
program is provided.
new text end

new text begin Subd. 20. new text end

new text begin Fire marshal. new text end

new text begin "Fire marshal" means the person designated by section 299F.011
to administer and enforce the State Fire Code or the fire marshal's authorized representative.
new text end

new text begin Subd. 21. new text end

new text begin Health consultant. new text end

new text begin "Health consultant" means a registered nurse, a public
health nurse, or a health care provider as defined in subdivision 22 who performs health
consultation services for a child care center pursuant to section 142H.29, subdivision 2.
new text end

new text begin Subd. 22. new text end

new text begin Health care provider. new text end

new text begin "Health care provider" means a physician or physician's
assistant licensed to practice medicine under chapter 147 or an advanced practice registered
nurse licensed under chapter 148.
new text end

new text begin Subd. 23. new text end

new text begin Inaccessible to children. new text end

new text begin "Inaccessible to children" means unable to be reached
or used by a child without adult assistance.
new text end

new text begin Subd. 24. new text end

new text begin License. new text end

new text begin "License" has the meaning given in section 142B.01, subdivision
16.
new text end

new text begin Subd. 25. new text end

new text begin License holder. new text end

new text begin "License holder" has the meaning given in section 142B.01,
subdivision 17.
new text end

new text begin Subd. 26. new text end

new text begin Licensed capacity. new text end

new text begin "Licensed capacity" means the maximum number of
children permitted at any one time in the program for which the license holder is licensed
to operate.
new text end

new text begin Subd. 27. new text end

new text begin Medication. new text end

new text begin "Medication" means any substance or preparation that is used
to prevent or treat a wound, injury, infection, and disease; maintain health; heal; or relieve
pain. This includes medication that is over the counter, or prescribed by a physician, physician
assistant, dentist, or advance practice registered nurse certified to prescribe medication, and
permitted by the parent for administration or application. This term applies to medication
taken internally or applied externally.
new text end

new text begin Subd. 28. new text end

new text begin Parent. new text end

new text begin "Parent" means the person or persons who has the legal responsibility
for a child such as the child's mother, father, or legally appointed guardian.
new text end

new text begin Subd. 29. new text end

new text begin Program staff person. new text end

new text begin "Program staff person" means an employee of the
child care center who carries out the child care program plan and has direct contact with
children. This includes unsupervised volunteers and substitutes.
new text end

new text begin Subd. 30. new text end

new text begin Staff supervision. new text end

new text begin "Staff supervision" means responsibility to hire, train,
assign duties, and direct staff in day-to-day activities and evaluate staff performance. A
"supervisor" is a person with staff supervision responsibility.
new text end

new text begin Subd. 31. new text end

new text begin State Building Code. new text end

new text begin "State Building Code" means the codes and regulations
adopted by the commissioner of the administration according to section 326B.101, and
contained in Minnesota Rules, chapter 1300.
new text end

new text begin Subd. 32. new text end

new text begin State Fire Code. new text end

new text begin "State Fire Code" means the codes and regulations adopted
by the state fire marshal pursuant to section 299F.011, and contained in Minnesota Rules,
chapter 7511.
new text end

new text begin Subd. 33. new text end

new text begin Student intern. new text end

new text begin "Student intern" means a student of a postsecondary institution
assigned by that institution for a supervised experience with children. The experience must
be in a licensed center, an elementary school operated by the commissioner of education
or a legally constituted local school board, or a private school approved under rules
administered by the commissioner of education. Student intern includes a person who is
practice teaching, student teaching, or carrying out a practicum or internship.
new text end

new text begin Subd. 34. new text end

new text begin Substitute. new text end

new text begin "Substitute" means a person who is temporarily filling a position
as a director, teacher, assistant teacher, or aide in a licensed child care center for less than
500 hours total in a calendar year due to the absence of a regularly employed program staff
person.
new text end

new text begin Subd. 35. new text end

new text begin Supervision of children. new text end

new text begin "Supervision of children" means when a program
staff person:
new text end

new text begin (1) is accountable for the child's care;
new text end

new text begin (2) is able to intervene to protect the health and safety of the child; and
new text end

new text begin (3) is within sight and hearing of the child at all times, except as described in section
142H.24, subdivision 1.
new text end

new text begin Subd. 36. new text end

new text begin Variance. new text end

new text begin "Variance" means written permission by the commissioner for a
license holder or applicant to depart from the provisions of a requirement in this chapter
pursuant to section 142B.10, subdivision 16.
new text end

new text begin Subd. 37. new text end

new text begin Volunteer. new text end

new text begin "Volunteer" means an individual who assists in the care of a child
and is not employed by the child care center.
new text end

Sec. 2.

new text begin [142H.02] APPLICABILITY AND LICENSING PROCESS.
new text end

new text begin (a) No child care center, as defined in section 142H.01, subdivision 8, may operate in
Minnesota without a license pursuant to this chapter and chapter 142B. An applicant for a
license and the license holder shall be governed by, and must comply with, the general
requirements in this chapter and chapters 142B, 245C, and 260E.
new text end

new text begin (b) The department may grant variances to the requirements in this chapter if the
conditions in section 142B.10, subdivision 16, are met.
new text end

Sec. 3.

new text begin [142H.03] OPERATING OPTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Program type. new text end

new text begin A license holder must operate a day program, drop-in
child care program, night care program, sick child care program, or a combination of two
or more kinds of programs.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this subdivision
have the meanings given.
new text end

new text begin (b) "Day program" means a nonresidential child care program that operates during
waking hours and does not provide overnight care.
new text end

new text begin (c) "Drop-in child care program" has the meaning given in section 142H.01, subdivision
17. Drop-in child care is subject to the requirements in section 142H.17.
new text end

new text begin (d) "Night care program" means a nonresidential child care program that provides
overnight care to children during sleeping hours, approximately 11:00 p.m. to 5:00 a.m.
Night care is subject to the requirements in section 142H.16.
new text end

new text begin (e) "Sick care program" means a nonresidential child care program that exclusively cares
for sick children. Sick child care is subject to the requirements in section 142H.19.
new text end

Sec. 4.

new text begin [142H.04] POLICIES AND PROCEDURES FOR PROGRAM
ADMINISTRATION.
new text end

new text begin (a) The license holder shall maintain and enforce program policies and procedures
necessary to comply with licensing requirements under Minnesota Statutes and Minnesota
Rules.
new text end

new text begin (b) The license holder shall:
new text end

new text begin (1) provide training to employees and volunteers related to their duties in implementing
the program's policies and procedures developed under paragraph (a);
new text end

new text begin (2) document the provision of this training; and
new text end

new text begin (3) monitor implementation of policies and procedures by employees and volunteers.
new text end

new text begin (c) The license holder shall keep program policies and procedures readily accessible to
employees and volunteers and index the policies and procedures with a table of contents or
another method approved by the commissioner.
new text end

Sec. 5.

new text begin [142H.05] DIRECTORS.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements for a director. new text end

new text begin (a) A center must have a director
who is responsible for overseeing implementation of written policies relating to the
management and control of the daily activities of the program, ensuring the health and safety
of program participants, and supervising staff and volunteers.
new text end

new text begin (b) A director must:
new text end

new text begin (1) be at least 21 years old;
new text end

new text begin (2) be a graduate of a high school or hold an equivalent diploma attained through
successful completion of the commissioner of education-selected high school equivalency
test pursuant to section 124D.549;
new text end

new text begin (3) have at least 1,040 hours of paid or unpaid staff supervision experience; and
new text end

new text begin (4) have at least 12 semester credits in accredited coursework in postsecondary child
development education, supervision, management, administration, or leadership or 120
hours of training earned in the topics of child development, supervision, management,
administration, or leadership.
new text end

new text begin (c) Paragraph (b), clauses (3) and (4), are satisfied if an individual has completed a
Minnesota Association for the Education of Young Children early childhood director's
credential; Child Care Aware Minnesota director's credential; Montessori administrator
credential; or diploma issued by the American Montessori Society, Association Montessori
International, or an institution accredited by the Montessori Accreditation Council for
Teacher Education.
new text end

new text begin Subd. 2. new text end

new text begin Director or designee on site. new text end

new text begin (a) The director or a designee must be on site
while the center is in operation.
new text end

new text begin (b) Any program staff person who is at least 18 years old may serve as the designee.
The designee does not have to meet the director qualifications in subdivision 1 but must be
aware of the designation and be able to perform the responsibilities.
new text end

new text begin Subd. 3. new text end

new text begin Director functioning as a teacher. new text end

new text begin Notwithstanding section 142H.06, a director
may be used as a teacher in any classroom as needed.
new text end

Sec. 6.

new text begin [142H.06] TEACHERS.
new text end

new text begin Subdivision 1. new text end

new text begin Teacher general qualifications. new text end

new text begin A teacher must:
new text end

new text begin (1) be at least 18 years old; and
new text end

new text begin (2) be a graduate of a high school or hold an equivalent diploma attained through
successful completion of the commissioner of education-selected high school equivalency
test.
new text end

new text begin Subd. 2. new text end

new text begin Teacher education and experience requirements. new text end

new text begin In addition to the general
requirements in subdivision 1, a teacher must have:
new text end

new text begin (1) at least 12 postsecondary semester credits and 480 hours of experience;
new text end

new text begin (2) attended at least 100 hours of commissioner-approved training within the previous
five years and 480 hours of experience. After initial qualification, a teacher qualified under
this clause must fulfill at least 50 percent of in-service training requirements under section
142H.09, subdivision 10, with commissioner-approved trainings;
new text end

new text begin (3) a credential or diploma from the American Montessori Society, Association
Montessori International, or an institution accredited by the Montessori Accreditation
Council for Teacher Education;
new text end

new text begin (4) an accredited certificate in child development or early childhood education from a
postsecondary institution;
new text end

new text begin (5) an accredited diploma, associate's degree, or bachelor's degree in child development
or early childhood education from a postsecondary institution; or
new text end

new text begin (6) a Child Development Associate (CDA) credential.
new text end

Sec. 7.

new text begin [142H.07] ASSISTANT TEACHERS.
new text end

new text begin Subdivision 1. new text end

new text begin Assistant teacher general qualifications. new text end

new text begin (a) An assistant teacher must
work under the supervision of a teacher and be:
new text end

new text begin (1) at least 18 years old; and
new text end

new text begin (2) a graduate of a high school or hold an equivalent diploma attained through successful
completion of the commissioner of education-selected high school equivalency test.
new text end

new text begin Subd. 2. new text end

new text begin Assistant teacher education and experience requirements. new text end

new text begin In addition to
the general requirements in subdivision 1, an assistant teacher must have:
new text end

new text begin (1) at least six postsecondary semester credits;
new text end

new text begin (2) attended at least 50 hours of commissioner-approved training within the previous
five years. After initial qualification, an assistant teacher qualified under this clause must
fulfill at least 50 percent of in-service training requirements under section 142H.09,
subdivision 10, with commissioner-approved trainings; or
new text end

new text begin (3) at least 160 hours of experience and be making progress toward any of the teacher
qualifications in section 142H.06, subdivision 2, clauses (3) to (6). An individual qualified
under this clause must be able to provide:
new text end

new text begin (i) documentation of current enrollment; and
new text end

new text begin (ii) evidence of working toward the successful completion of the credential.
new text end

Sec. 8.

new text begin [142H.08] AIDES, VOLUNTEERS, AND SUBSTITUTES.
new text end

new text begin Subdivision 1. new text end

new text begin Aide qualifications. new text end

new text begin (a) An aide must work under the supervision of a
teacher or assistant teacher, except when performing the tasks in paragraph (b). An aide
must be used pursuant to the staff distribution requirements in section 142H.10, subdivision
2.
new text end

new text begin (b) An aide may work without being supervised by a teacher or assistant teacher when
they are assisting with the supervision of sleeping children; assisting children with washing,
toileting, and diapering; or accompanying children to and from the bus stop.
new text end

new text begin (c) An aide must be at least 16 years old.
new text end

new text begin Subd. 2. new text end

new text begin Volunteers. new text end

new text begin (a) A volunteer who is included in the staff-to-child ratio must
meet the requirements for the assigned staff position in subdivision 1 and sections 142H.06
and 142H.07.
new text end

new text begin (b) The license holder must maintain a list of all volunteers with relevant information,
including first and last name, whether the volunteer must be supervised at all times or may
occasionally be unsupervised, and the first date of direct contact with children.
new text end

new text begin (c) Unsupervised volunteers must successfully complete training as required in section
142H.09.
new text end

new text begin (d) Supervised volunteers must successfully complete the training required in section
142H.09, subdivision 7.
new text end

new text begin Subd. 3. new text end

new text begin Substitutes. new text end

new text begin (a) A substitute must meet the requirements for the assigned staff
position in subdivision 1 or section 142H.06 or 142H.07, or may be designated as an
unqualified substitute if:
new text end

new text begin (1) a qualified teacher is continuously on site, except as provided in section 142H.10,
subdivision 2, paragraph (d);
new text end

new text begin (2) when substituting as a teacher or assistant teacher, the unqualified substitute is aware
of their designated staffing position; and
new text end

new text begin (3) the unqualified substitute is at least 18 years of age.
new text end

new text begin (b) All substitutes must successfully complete the required training under section
142H.09.
new text end

new text begin Subd. 4. new text end

new text begin Tracking unqualified substitute hours. new text end

new text begin (a) The license holder must document
the use of unqualified substitute hours on the day the unqualified substitute works.
new text end

new text begin (b) In a calendar year, a license holder must not use unqualified substitutes more than
60 hours multiplied by the number of the center's classrooms.
new text end

new text begin (c) A license holder must maintain a log of the use of unqualified substitutes in the center
administrative record for review by the commissioner. The log must be on a form prescribed
by the commissioner.
new text end

Sec. 9.

new text begin [142H.09] STAFF ORIENTATION AND TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Orientation and child care licensing basics training. new text end

new text begin (a) Program staff
persons must complete orientation training before providing direct contact services to a
child.
new text end

new text begin (b) Any program staff person hired after July 1, 2027, must complete child care licensing
basics training within 90 days after the first date of direct contact with a child, unless the
person has completed the training within the previous two years.
new text end

new text begin Subd. 2. new text end

new text begin Orientation training content. new text end

new text begin (a) The orientation training must include the
following topics:
new text end

new text begin (1) abusive head trauma for staff working with a child under school age pursuant to
subdivision 8;
new text end

new text begin (2) the center's policy on administration of medication pursuant to section 142H.29,
subdivision 5;
new text end

new text begin (3) the center's policy on allergy prevention and response pursuant to section 142H.15,
subdivision 5;
new text end

new text begin (4) the center's policy on behavior guidance pursuant to section 142H.13;
new text end

new text begin (5) child passenger restraint systems pursuant to subdivision 9;
new text end

new text begin (6) the center's child care program plan pursuant to section 142H.11;
new text end

new text begin (7) the center's policy on cleaning, sanitizing, and disinfecting pursuant to section
142H.31;
new text end

new text begin (8) the center's emergency preparedness plan and procedures pursuant to section 142H.23,
subdivision 1;
new text end

new text begin (9) procedures for the handling and disposal of bodily fluids pursuant to section 142H.29,
subdivision 10;
new text end

new text begin (10) the center's emergency and accident policies pursuant to section 142H.23, subdivision
2;
new text end

new text begin (11) the center's health policies pursuant to section 142H.29;
new text end

new text begin (12) individual child care program plan or plans pursuant to section 142H.15, if
applicable;
new text end

new text begin (13) job responsibilities specific to the individual's position at the center;
new text end

new text begin (14) prevention and control of infectious diseases pursuant to section 142H.18;
new text end

new text begin (15) the center's policy on research, cameras, and social media participation procedures
pursuant to section 142H.22;
new text end

new text begin (16) the center's policy on the use of alcohol, drugs, and tobacco products pursuant to
section 142B.10, subdivision 1, paragraph (c);
new text end

new text begin (17) recognition and reporting of maltreatment, abuse and neglect pursuant to chapter
260E;
new text end

new text begin (18) the center's risk reduction plan pursuant to section 142H.24;
new text end

new text begin (19) reduction of risk of sudden unexpected infant death pursuant to the requirements
of subdivision 7 and section 142B.46; and
new text end

new text begin (20) transportation and field trip safety procedures pursuant to section 142H.33.
new text end

new text begin (b) Training for orientation may be used to meet in-service training requirements.
new text end

new text begin Subd. 3. new text end

new text begin Child care basics training content. new text end

new text begin Child care basics training covers
information on effectively working in a child care center setting in Minnesota. Child care
basics training must be developed and updated by the commissioner. Child care basics
training may be used to meet in-service training requirements.
new text end

new text begin Subd. 4. new text end

new text begin Child development and learning training. new text end

new text begin (a) Program staff persons must
complete at least two hours of child development and learning training within 90 days after
the first date of direct contact with a child and every two calendar years thereafter. For the
purposes of this subdivision, "child development and learning training" means any training
in understanding how children develop physically, cognitively, emotionally, and socially
and learn as part of the children's family, culture, and community.
new text end

new text begin (b) An individual is exempt from this subdivision if the individual:
new text end

new text begin (1) has taken a three-credit college course on early childhood development within the
past five years;
new text end

new text begin (2) has received a bachelor's or master's degree in early childhood education or school-age
child care within the past five years;
new text end

new text begin (3) is licensed in Minnesota as a prekindergarten teacher, an early childhood educator,
a kindergarten to sixth grade teacher with a prekindergarten specialty, an early childhood
special education teacher, or an elementary teacher with a kindergarten endorsement; or
new text end

new text begin (4) has received a bachelor's degree with a Montessori certificate or diploma issued by
American Montessori Society, Association Montessori International, or an institution
accredited by the Montessori Accreditation Council for Teacher Education within the past
five years.
new text end

new text begin Subd. 5. new text end

new text begin Pediatric first aid. new text end

new text begin (a) Before caring for a child, a program staff person must
satisfactorily complete pediatric first aid. Pediatric first aid training completed within the
previous two calendar years meets this requirement.
new text end

new text begin (b) Notwithstanding paragraph (a), a program staff person who has yet to complete initial
pediatric first aid training may provide direct contact services within 90 days after the first
date of direct contact with a child while under the continuous direct supervision of an
individual who has met the pediatric first aid training requirements of this subdivision. For
purposes of this paragraph, "continuous direct supervision" means the program staff person
is within sight or hearing of the program's supervising individual and the program's
supervising individual is capable at all times of intervening to protect the health and safety
of the children served by the program.
new text end

new text begin (c) The first aid training must have been provided by an individual approved to provide
pediatric first aid instruction.
new text end

new text begin (d) A program staff person must complete training in pediatric first aid every two calendar
years. Documentation of the training must be maintained at the center.
new text end

new text begin (e) Online training reviewed and approved by the commissioner satisfies the training
requirement of this subdivision.
new text end

new text begin (f) Pediatric first aid training in this subdivision must not be used to meet in-service
training requirements under subdivision 10.
new text end

new text begin Subd. 6. new text end

new text begin Pediatric cardiopulmonary resuscitation. new text end

new text begin (a) Before caring for a child, a
program staff person must satisfactorily complete pediatric cardiopulmonary resuscitation
(CPR) training, including CPR techniques for infants and children and the treatment of
obstructed airways. Pediatric CPR training completed within the previous two calendar
years meets this requirement.
new text end

new text begin (b) Notwithstanding paragraph (a), a program staff person who has yet to complete initial
pediatric CPR training may provide direct contact services within 90 days after the first
date of direct contact with a child, if they are under the continuous direct supervision of an
individual who has met pediatric CPR training requirements under this subdivision. For the
purposes of this paragraph, "continuous direct supervision" means the individual is within
sight or hearing of the program's supervising individual to the extent that the program's
supervising individual is capable at all times of intervening to protect the health and safety
of the children served by the program.
new text end

new text begin (c) A program staff person must complete training in pediatric CPR every two calendar
years. A center must maintain documentation of the trainings on site.
new text end

new text begin (d) A pediatric CPR training under this subdivision must incorporate a hands-on skill
session to support the instruction and have been developed:
new text end

new text begin (1) by the American Heart Association or the American Red Cross; or
new text end

new text begin (2) using nationally recognized, evidence-based guidelines for pediatric CPR training.
new text end

new text begin (e) Pediatric CPR training must not be used to meet in-service training requirements
under subdivision 10.
new text end

new text begin Subd. 7. new text end

new text begin Sudden unexpected infant death training. new text end

new text begin (a) Before caring for infants,
program staff persons and volunteers must receive training on the standards under section
142B.46 and on reducing the risk of sudden unexpected infant death during orientation and
each calendar year thereafter.
new text end

new text begin (b) Sudden unexpected infant death reduction training required under this subdivision
must be at least one-half hour in length and include at minimum the infant sleep standards
under section 142B.46, the risk factors related to sudden unexpected infant death, methods
of reducing the risk of sudden unexpected infant death in child care, and license holder
communication with parents regarding reducing the risk of sudden unexpected infant death.
new text end

new text begin (c) Training taken under this subdivision may be used to meet the in-service training
requirements under subdivision 10.
new text end

new text begin Subd. 8. new text end

new text begin Abusive head trauma training. new text end

new text begin (a) Before caring for children under school
age, a program staff person must receive training on the risk of abusive head trauma during
orientation and each calendar year thereafter.
new text end

new text begin (b) Abusive head trauma training under this subdivision must be at least one-half hour
in length and include at minimum the risk factors related to shaking infants and young
children, methods of reducing the risk of abusive head trauma in child care, and license
holder communication with parents regarding reducing the risk of abusive head trauma.
new text end

new text begin (c) training taken under this subdivision may be used to meet the in-service training
requirements under subdivision 10.
new text end

new text begin Subd. 9. new text end

new text begin Child passenger restraint systems; training requirement. new text end

new text begin (a) Before a license
holder transports a child or children under age nine in a motor vehicle, the person placing
the child or children in a passenger restraint must satisfactorily complete training on the
proper use and installation of child restraint systems in motor vehicles.
new text end

new text begin (b) Training required under this subdivision must be repeated at least once every five
years and include at minimum the proper use of child restraint systems based on the size,
weight, and age of the child and the proper installation of a car seat or booster seat in the
motor vehicle used by the license holder to transport the child or children.
new text end

new text begin (c) Training required under this subdivision must be provided by individuals who are
certified and approved by the Department of Public Safety, Office of Traffic Safety.
new text end

new text begin (d) Training completed under this subdivision may be used to meet in-service training
requirements under subdivision 10. Staff training completed within the previous five years
is transferable upon change in employment to another child care center.
new text end

new text begin Subd. 10. new text end

new text begin In-service training requirements. new text end

new text begin (a) A license holder must ensure that
program staff persons complete in-service training.
new text end

new text begin (b) In-service training completed within the past 12 months by a program staff person
that is not specific to a child care center is transferable upon the program staff person's
change in employment to another child care program. The program staff person must provide
documentation of the completed training to the new child care program.
new text end

new text begin (c) All program staff persons, except substitutes and unsupervised volunteers, who work
more than 20 hours per week must complete at least 20 hours of in-service training each
calendar year.
new text end

new text begin (d) All program staff persons, except substitutes and unsupervised volunteers, who work
20 hours or less per week must complete at least ten hours of in-service training each calendar
year.
new text end

new text begin (e) Substitutes and unsupervised volunteers must complete a minimum of two hours of
training each calendar year and the training must include the topics identified under
subdivision 11.
new text end

new text begin (f) The number of in-service training hours may be prorated for center directors and
program staff persons not employed for an entire year.
new text end

new text begin (g) Pediatric first aid and pediatric CPR training must not be used to meet in-service
training requirements.
new text end

new text begin Subd. 11. new text end

new text begin In-service content. new text end

new text begin (a) Each calendar year, in-service training must include
the following:
new text end

new text begin (1) abusive head trauma training of at least one-half hour duration for individuals working
with a child under school age pursuant to subdivision 8;
new text end

new text begin (2) the center policies and procedures for maintaining health and safety, including:
new text end

new text begin (i) allergy prevention and response training pursuant to section 142H.15, subdivision 5;
new text end

new text begin (ii) emergency preparedness and procedures pursuant to section 142H.23, subdivision
1;
new text end

new text begin (iii) handling emergencies, accidents, incidents, and injuries pursuant to section 142H.23,
subdivision 2; and
new text end

new text begin (iv) handling and disposal of bodily fluids pursuant to section 142H.29, subdivision 10;
new text end

new text begin (3) maltreatment, abuse, and neglect reporting pursuant to chapter 260E;
new text end

new text begin (4) reduction of risk of sudden unexpected infant death training of at least one-half hour
duration for individuals working with infants pursuant to the requirements of subdivision
7 and section 142B.46;
new text end

new text begin (5) a risk reduction plan pursuant to section 142H.24;
new text end

new text begin (6) the center policies and procedures on behavior guidance pursuant to section 142H.13;
and
new text end

new text begin (7) the center policies and procedures on supervision pursuant to section 142H.24.
new text end

new text begin (b) At least once every two calendar years, in-service training must include the following:
new text end

new text begin (1) child development and learning pursuant to subdivision 4;
new text end

new text begin (2) at least one hour on cultural awareness and inclusion;
new text end

new text begin (3) pediatric first aid that meets the requirements of subdivision 5;
new text end

new text begin (4) pediatric cardiopulmonary resuscitation training that meets the requirements of
subdivision 5; and
new text end

new text begin (5) at least one hour on identifying and supporting children with special needs.
new text end

new text begin (c) At least once every five calendar years, training must include child passenger restraint
systems pursuant to subdivision 9, if applicable.
new text end

new text begin (d) The remaining hours of the in-service training requirement must be met by completing
training in the Minnesota knowledge and competency framework areas.
new text end

new text begin Subd. 12. new text end

new text begin Documentation required. new text end

new text begin (a) The license holder must document completed
training for program staff persons in a manner prescribed by the commissioner.
new text end

new text begin (b) For pediatric first aid and CPR trainings, the license holder must maintain copies of
training cards or certificates issued by the training organization.
new text end

Sec. 10.

new text begin [142H.10] STAFF RATIOS, GROUP SIZE, AND STAFF DISTRIBUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Staff-to-child ratios and maximum group size. new text end

new text begin (a) Except as provided
in paragraph (b) and section 142H.12 regarding naps and rest, the minimally acceptable
staff-to-child ratios and the maximum group size within each age category are:
new text end

new text begin Age Category new text end	new text begin Staff-to-Child Ratio new text end	new text begin Maximum Group Size new text end
new text begin Infant new text end	new text begin 1:4 new text end	new text begin 8 new text end
new text begin Toddler new text end	new text begin 1:7 new text end	new text begin 14 new text end
new text begin Preschooler new text end	new text begin 1:10 new text end	new text begin 20 new text end
new text begin School-age child new text end	new text begin 1:15 new text end	new text begin 30 new text end

new text begin (b) Except for groups that include an infant, the staff-to-child ratio may be doubled for
no more than two hours during nap time. During the nap time, there must be enough program
staff persons in the facility to meet staff-to-child ratio and staff distribution requirements
under paragraph (a) and subdivision 2 for the groups in case of an emergency. The program
must return to following the staff-to-child ratios and staff distribution requirements under
paragraph (a) and subdivision 2 when the number of awake children exceeds the number
of children who could be supervised by one program staff person under subdivision 1.
new text end

new text begin (c) The maximum group size applies at all times except during meals, outdoor activities,
field trips, naps and rest, and special activities at the center such as guest speakers and
holiday programs.
new text end

new text begin Subd. 2. new text end

new text begin Staff distribution. new text end

new text begin (a) The license holder must ensure that the following
requirements for staff distribution are met and a documented staff schedule is kept in the
administrative record.
new text end

new text begin (b) Only a program staff person can be included in meeting the staff-to-child ratios in
this section.
new text end

new text begin (c) An aide must not work alone with a child unless the aide is performing certain duties
as specified in section 142H.08, subdivision 1, paragraph (b).
new text end

new text begin (d) An assistant teacher or an aide may be substituted for a teacher during arrival and
departure times if the total arrival and departure time does not exceed 25 percent of the
center's daily hours of operation. For an aide to be substituted for a teacher under this
subdivision, the aide must:
new text end

new text begin (1) be 18 years of age or older;
new text end

new text begin (2) have been employed by the child care center for a minimum of 30 days; and
new text end

new text begin (3) have completed the training required under section 142H.09, including orientation
and the training required within the first 90 days of the first date of direct contact with a
child.
new text end

new text begin (e) Except as provided in paragraphs (c) and (d), staff distribution within each age
category must be as follows:
new text end

new text begin (1) the first staff member needed to meet the required staff child ratio must be a teacher;
new text end

new text begin (2) the second staff member must have at least the qualifications of an aide;
new text end

new text begin (3) the third staff member must have at least the qualifications of an assistant teacher;
and
new text end

new text begin (4) the fourth staff member must have at least the qualifications of an aide.
new text end

new text begin (f) A volunteer who is included in the staff-to-child ratio must meet the requirements
for the assigned staff position in sections 142H.06 to 142H.08.
new text end

new text begin (g) The pattern in paragraph (e) must be repeated until the number of staff needed to
meet the staff-to-child ratio for each age category has been achieved.
new text end

new text begin Subd. 3. new text end

new text begin Age category grouping. new text end

new text begin (a) Each center must specify arrival and departure
times of the day in their program's policies. Children in different age categories may be
grouped according to paragraphs (b) and (c).
new text end

new text begin (b) During arrival and departure times, not to exceed 25 percent of the licensed hours
of operation for the center, children in different age categories may be grouped together if:
new text end

new text begin (1) the staff-to-child ratio, group size, and staff distribution applied are for the age
category of the youngest child present; and
new text end

new text begin (2) the group is divided when the number of children present reaches the maximum
group size of the youngest child present.
new text end

new text begin (c) Outside of arrival and departure times, children in different age categories may be
mixed within a group if:
new text end

new text begin (1) infants are not grouped with children of other age categories;
new text end

new text begin (2) there is no more than a 36-month range in age among children in a group, unless all
children in the group are school age; and
new text end

new text begin (3) the staff-to-child ratios, group size, and staff distribution applied are for the youngest
child present.
new text end

new text begin Subd. 4. new text end

new text begin Age designation. new text end

new text begin (a) Except as provided in this subdivision, a child must be
designated as a member of the age category that is consistent with the date of birth of the
child.
new text end

new text begin (b) A child with special health care needs must be included in the group that best meets
the child's developmental needs, best interest of the child, and in accordance with the
individual child care program plan for the child.
new text end

new text begin (c) A child may be designated as an "infant" up to the age of 18 months if the parent,
teacher, and center director determine that such a designation is in the best interest of the
child. The center must document the determination and designation in the file of the child.
new text end

new text begin (d) A child may be designated as a "toddler" up to the age of 35 months if the parent,
teacher, and center director determine that the designation is in the best interest of the child.
The center must document the determination and designation in the file of the child.
new text end

new text begin (e) A child may be designated as a "preschooler" at the age of 31 months if the parent,
teacher, and center director determine that the designation is in the best interest of the child.
The center must document the determination and designation in the file of the child.
new text end

new text begin Subd. 5. new text end

new text begin Transitioning children. new text end

new text begin (a) Transitions to the next age group may occur up to
two weeks prior to the child aging into the next age group. The transition must be planned
in advance based on the child's readiness and in consultation with parents and program staff.
new text end

new text begin (b) A center must develop a written policy on transitioning children to the next age
group.
new text end

new text begin (c) When a transitioning child is with their new class, the staff-to-child ratios for the age
group of that class apply and are not changed by the transitioning child.
new text end

Sec. 11.

new text begin [142H.11] CHILD CARE PROGRAM PLAN AND ACTIVITIES.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin The child care program plan must:
new text end

new text begin (1) include a statement mandating that children are supervised at all times as defined in
section 142H.01, subdivision 35, and pursuant to the requirements of section 142H.24,
subdivision 1;
new text end

new text begin (2) specify the age categories and number of children to be served by the program;
new text end

new text begin (3) specify the days and hours of operation of the program;
new text end

new text begin (4) describe the general educational methods to be used by the program and the religious,
political, or philosophical basis, if any;
new text end

new text begin (5) be developed and evaluated in writing each calendar year by a program staff person
qualified as a teacher or director under sections 142H.05 and 142H.06. Documentation of
the evaluation, the date of the evaluation, and the signature of the teacher or director
completing the evaluation must be maintained in the center administrative records;
new text end

new text begin (6) specify planned activities designed to support and nurture the whole child in all areas
of the development and learning of the child, including but not limited to the following:
intellectual, social, emotional, and physical development. The activities must be in a manner
consistent with the cultural and ethnic backgrounds of a child, as feasible;
new text end

new text begin (7) specify that the intellectual, social, emotional, and physical development of each
child be documented in the record of the child and conveyed to the parent during the
conferences specified under section 142H.20, subdivision 2;
new text end

new text begin (8) include a daily schedule of planned indoor and outdoor activities for each age category
served;
new text end

new text begin (9) specify activities that are both quiet and active, teacher directed and child initiated;
new text end

new text begin (10) specify a variety of activities that require the use of varied equipment and materials;
new text end

new text begin (11) include a schedule if equipment is rotated between groups of children;
new text end

new text begin (12) describe use of technology and screen time for each age category; and
new text end

new text begin (13) be available to a parent for review upon request.
new text end

new text begin Subd. 2. new text end

new text begin Outdoor activities. new text end

new text begin (a) Child care activities must promote the physical,
intellectual, social, and emotional development of the child. To facilitate child development,
programs must include daily outdoor activities when weather conditions allow, as defined
in this subdivision.
new text end

new text begin (b) The applicant must develop a written outdoor weather and activity policy. The license
holder must ensure that the policies and procedures are carried out. The policies and
procedures must incorporate guidance from national, state, or local authorities in public
health and at a minimum require the provider to consider the following conditions when
determining if outdoor play poses a health and safety risk:
new text end

new text begin (1) heat in excess of 100 degrees Fahrenheit accounting for heat index, or pursuant to
advice of the local authority;
new text end

new text begin (2) cold less than 15 degrees Fahrenheit accounting for wind chill, or pursuant to advice
of the local authority;
new text end

new text begin (3) extreme weather, including but not limited to a lightning storm, blizzard, tornado,
or flooding;
new text end

new text begin (4) an air quality emergency order by a local or state authority on air quality or public
health; or
new text end

new text begin (5) a lockdown notification ordered by a public safety authority.
new text end

new text begin (c) The center's outdoor weather and activity policy must specify, if children are to go
outside beyond the temperature range specified in paragraph (b), clauses (1) and (2), what
procedures will be used to keep the children safe, including but not limited to ensuring
children have appropriate clothing, providing frequent indoor breaks, or matching the
intensity of the activity level to the weather conditions.
new text end

new text begin (d) For toddlers, preschool, and school-age children attending four or more hours per
day, the license holder must provide at least one opportunity for outdoor activity per day
pursuant to paragraph (b).
new text end

new text begin (e) For infants attending four or more hours per day, the license holder must provide at
least one opportunity for outdoor activity per day as practicable, pursuant to paragraph (b)
and the individual needs of the infants in care.
new text end

new text begin (f) Programs operating three or fewer hours per day are exempt from the daily outdoor
activity requirement.
new text end

new text begin (g) If the weather is not suitable for outdoor activities, the program must provide indoor
gross motor play activities that support physical development.
new text end

Sec. 12.

new text begin [142H.12] NAPS AND REST.
new text end

new text begin Subdivision 1. new text end

new text begin Naps and rest policy. new text end

new text begin An applicant must develop and, once licensed,
implement a policy for naps and rest that is consistent with the developmental level of the
children enrolled in the center. The policy must include but is not limited to the requirements
in this section, as applicable.
new text end

new text begin Subd. 2. new text end

new text begin Parent consultation. new text end

new text begin The parent of each child must be informed at the time
the child is enrolled of the center's policy on naps and rest and be offered the opportunity
to provide information specific to their child.
new text end

new text begin Subd. 3. new text end

new text begin General nap and rest requirements. new text end

new text begin (a) The child care center must provide
a quiet space for children to nap and rest.
new text end

new text begin (b) Nap and rest time must be in accordance with the developmental needs of the child.
new text end

new text begin (c) Nap and rest areas must be lighted to allow for visual supervision of all children at
all times.
new text end

new text begin (d) Evacuation routes must not be blocked by resting or napping children. Each child
must have a free and direct means of escape, and the staff must have a clear path to each
resting child, including full access to at least one long side of a crib, cot, or mat.
new text end

new text begin (e) A crib that meets the safety requirements of section 142B.45 must be provided for
each infant for whom the center is licensed to provide care.
new text end

new text begin (f) The license holder must follow the infant safe sleep requirements under section
142B.46.
new text end

new text begin (g) Cribs, cots, and mats must be placed directly on the floor and must not be stacked
when in use.
new text end

new text begin Subd. 4. new text end

new text begin Monitoring napping infants. new text end

new text begin (a) An infant must be supervised as defined in
section 142H.01, subdivision 35, and pursuant to section 142H.24, subdivision 1, paragraph
(b).
new text end

new text begin (b) Staff must conduct in-person checks of the sleeping infant every 15 minutes.
new text end

new text begin (c) When a baby monitor or other mechanical equipment is used to hear or see infants
during sleep, the monitoring equipment must be:
new text end

new text begin (1) able to pick up the sounds of all infants in the separate room;
new text end

new text begin (2) actively monitored by program staff at all times; and
new text end

new text begin (3) checked daily prior to use to ensure it is working correctly. If equipment is
malfunctioning, a program staff person must put in place an alternate means of supervision
until the equipment can be fixed.
new text end

new text begin Subd. 5. new text end

new text begin Confinement limitation. new text end

new text begin A child who has completed a nap or rested quietly
for 30 minutes must not be required to remain on a cot, mat, or in a crib. Any child who
does not fall asleep during a designated nap time must have the opportunity to engage in
quiet activities.
new text end

new text begin Subd. 6. new text end

new text begin Bedding and sleeping equipment. new text end

new text begin Separate bedding must be provided and
stored separately for each child in care.
new text end

Sec. 13.

new text begin [142H.13] BEHAVIOR GUIDANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Behavior guidance" means an ongoing process where a program staff person offers
constructive, positive, and developmentally appropriate guidance to a child to help manage
the child's behavior in a socially acceptable manner.
new text end

new text begin (c) "Persistent unacceptable behavior" means when a child:
new text end

new text begin (1) exhibits behaviors that present a serious safety risk for the child or others and the
program is not able to reduce or eliminate the safety concern; or
new text end

new text begin (2) significantly disrupts the learning environment and requires an increased amount of
staff guidance and time to address the child's behavior. Significantly disruptive behavior
may include physical aggression, verbal threats, or repetitive behaviors that have been
addressed through standard behavior guidance techniques without improvement.
new text end

new text begin (d) "Redirection" means a positive guidance technique where a program staff person
intervenes and guides a child away from potential problems toward constructive activity or
talks with a child to help the child calm down and self-regulate.
new text end

new text begin (e) "Separation" means a form of behavior guidance that involves interruption of
unacceptable behavior by the removal of a child from a situation with the intention of
allowing the child an opportunity to pause and gain self-control. During a separation a child
is isolated from participating in activities with other children. Separation of children must
be done pursuant to subdivision 7.
new text end

new text begin Subd. 2. new text end

new text begin Behavior guidance policies and procedures. new text end

new text begin The applicant must develop
written behavior guidance policies and procedures approved by the commissioner. The
license holder must ensure that the policies and procedures are carried out. The policies and
procedures must include:
new text end

new text begin (1) methods of promoting positive behavior as specified under subdivision 3;
new text end

new text begin (2) prohibited actions as specified under subdivision 4;
new text end

new text begin (3) addressing persistent unacceptable behavior as specified under subdivision 6; and
new text end

new text begin (4) separation from the group as specified in subdivision 7.
new text end

new text begin Subd. 3. new text end

new text begin Methods of promoting positive behavior. new text end

new text begin A license holder must promote
positive behavior by:
new text end

new text begin (1) ensuring that each child is provided with a positive model of acceptable behavior;
new text end

new text begin (2) tailoring methods of promoting positive behavior to the developmental level of the
children the center is licensed to serve;
new text end

new text begin (3) ensuring redirection is used, as appropriate in addressing the behavior of a child, to
guide a child away from potential problems and toward constructive activity or to talk with
a child to help them calm down and self-regulate;
new text end

new text begin (4) teaching children how to use acceptable alternatives to problem behavior to reduce
conflict;
new text end

new text begin (5) protecting the safety and well-being of children, employees, and volunteers; and
new text end

new text begin (6) providing immediate and directly related consequences for the unacceptable behavior
of a child.
new text end

new text begin Subd. 4. new text end

new text begin Prohibited actions. new text end

new text begin A license holder must prohibit the following actions by or
at the direction of employees or volunteers:
new text end

new text begin (1) subjecting a child to corporal or physical punishment, including but not limited to
rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching,
spitting, hitting, or spanking;
new text end

new text begin (2) subjecting a child to name calling, ostracism, shaming, derogatory remarks about
the child or the child's family, cultural or racial slurs, yelling, or profane language that
threatens, humiliates, or frightens the child;
new text end

new text begin (3) forcing a child to maintain an uncomfortable position or to continuously repeat
physical movements;
new text end

new text begin (4) utilizing group punishments for the behavior of an individual child;
new text end

new text begin (5) separation of a child from the group except as provided in subdivision 7;
new text end

new text begin (6) punishment for not resting, napping, or sleeping; toileting accidents; failing to eat
all or part of meals or snacks; or failing to complete an activity;
new text end

new text begin (7) denial of food or drink or forcing food or drink upon a child;
new text end

new text begin (8) denial of light, warmth, clothing, or medical care as a punishment for unacceptable
behavior;
new text end

new text begin (9) the use of physical restraint other than to physically hold a child when containment
is necessary to protect the child or others from harm;
new text end

new text begin (10) the use of mechanical restraints, including tying a child up, or any device or
equipment intended to restrict or prevent movement as a means of discipline or convenience
by staff, including but not limited to confinement to a swing, high chair, infant carrier,
walker, or crib;
new text end

new text begin (11) the use of prone or contraindicated restraints as prohibited in section 245A.211;
new text end

new text begin (12) the use of any substance given to a child to subdue or restrict movement or behavior;
new text end

new text begin (13) discipline and punishment must not be delegated to another child; and
new text end

new text begin (14) punishing or shaming a child for the actions of a parent, including but not limited
to failure to pay fees, failure to provide appropriate clothing, failure to provide materials
for an activity, or any conflict between the license holder or staff and the parent.
new text end

new text begin Subd. 5. new text end

new text begin Additional provisions. new text end

new text begin (a) When providing services to a child with a
developmental disability or related condition, the license holder must follow section 142B.63.
new text end

new text begin (b) A program that cares for a child with a developmental disability or related condition
must comply with the individual child care program plan requirements under section 142H.15.
new text end

new text begin Subd. 6. new text end

new text begin Persistent unacceptable behavior. new text end

new text begin (a) A program staff person who observes
persistent unacceptable behavior must document the behavior of the child and staff response
to the behavior, including:
new text end

new text begin (1) information on where the child was, what activity the child was doing, and the
employees or volunteers present when the incident occurred; and
new text end

new text begin (2) staff actions, including the positive guidance techniques that were tried.
new text end

new text begin (b) When persistent unacceptable behavior as defined in subdivision 1, paragraph (c),
occurs, a behavior plan must be developed to address the behavior documented in paragraph
(a) in consultation with the child's parent, the program staff, and other professionals involved
in the care and treatment of the child, as appropriate. The behavior plan must include but
is not limited to the following:
new text end

new text begin (1) a description of the specific behavior;
new text end

new text begin (2) the planned behavior management method to be used in response to the behavior
pursuant to subdivision 3 or any other previously approved methods; and
new text end

new text begin (3) an area to document the effectiveness of the plan and progress of the child.
new text end

new text begin (c) The plan must be signed and dated by the child's parent, the director, and other
professionals involved in the care and treatment of the child, as applicable, and kept in the
child's record.
new text end

new text begin (d) The plan and the child's progress must be reviewed at least twice each calendar year,
or more frequently as needed, and changes must be made based on the child's needs and
the input of the child's parent, program staff, or other individuals involved in the provision
of care and treatment of the child. Documentation of the review must be kept in the child's
record. If the child's parent and the program staff agree that the behavior plan is no longer
needed, the license holder must document the date the behavior plan is no longer in effect.
new text end

new text begin (e) The license holder must ensure that all staff who work directly with the child are
trained on the behavior plan prior to working with the child or when a new behavior plan
is developed. Documentation of staff training must be maintained on file.
new text end

new text begin (f) The license holder must ensure that all staff who work directly with the child are
trained on the behavior plan prior to working with the child or when a new behavior plan
is developed. Documentation of staff training must be maintained on file.
new text end

new text begin Subd. 7. new text end

new text begin Separation time from the group. new text end

new text begin No child may be separated from the group
unless the license holder has tried less intrusive methods of guiding the child's behavior
that have been ineffective and the behavior of the child threatens the well-being of the child
or other children in the center. Separation from the group must meet the following
requirements:
new text end

new text begin (1) the separation time must be limited to the amount of time necessary for the child to
gain self-control and rejoin the group;
new text end

new text begin (2) the duration of separation of the child must be documented, including the beginning
and end time of the separation;
new text end

new text begin (3) infants and toddlers must not be separated from the group as a means of behavior
guidance. Positive behavior guidance techniques such as redirection may be used with
toddlers; and
new text end

new text begin (4) the child must be supervised as defined under section 142H.01, subdivision 35, while
separated.
new text end

Sec. 14.

new text begin [142H.14] FURNISHINGS, EQUIPMENT, MATERIALS AND SUPPLIES.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin (a) Each center must have on the premises the
quantity and type of equipment and materials necessary to implement the child care program
plan under section 142H.11 and the indoor and outdoor equipment requirements in
subdivisions 2 and 3.
new text end

new text begin (b) Equipment and furniture must be durable, in good repair, structurally sound, stable,
and free of sharp edges, dangerous protrusions, points where extremities of a child could
be pinched or crushed, and openings or angles that could trap part of a child.
new text end

new text begin (c) License holders and program staff must ensure equipment and furnishings are not
hazardous objects as specified in section 142H.34, subdivision 17.
new text end

new text begin (d) Equipment must be appropriate to the age and size of children and used in accordance
with the manufacturer's instructions.
new text end

new text begin Subd. 2. new text end

new text begin Indoor play equipment. new text end

new text begin The license holder must provide sufficient indoor
play equipment and materials so that at any point in the day when children are indoors and
using equipment every child can choose from at least three activities involving equipment
or materials. The quantity of indoor equipment provided shall be based on the maximum
licensed capacity of the classroom and must be accessible to children as specified in
subdivision 5.
new text end

new text begin Subd. 3. new text end

new text begin Outdoor play equipment. new text end

new text begin The license holder must provide sufficient outdoor
play equipment and materials so that when all children are outdoors every child can choose
from at least one activity involving equipment or materials. The quantity of outdoor
equipment and materials provided shall be based on the maximum licensed capacity of the
classroom and must be accessible to children as specified in subdivision 5.
new text end

new text begin Subd. 4. new text end

new text begin Interest areas. new text end

new text begin The license holder must have equipment and materials in each
of the following developmental and interest areas to support a child's learning and growth:
new text end

new text begin (1) creative arts and crafts;
new text end

new text begin (2) construction and building;
new text end

new text begin (3) social interaction, dramatic play, or practical life activities;
new text end

new text begin (4) math and science;
new text end

new text begin (5) music;
new text end

new text begin (6) fine motor skills;
new text end

new text begin (7) physical and movement activities;
new text end

new text begin (8) sensory exploration activities; and
new text end

new text begin (9) language and literacy.
new text end

new text begin Subd. 5. new text end

new text begin Equipment rotation and accessibility. new text end

new text begin Equipment may be rotated throughout
the day as specified in the child care program plan if the number of choices required in
subdivisions 2 and 3 is available for each child in attendance. Equipment and materials from
each interest area must be accessible to children at least once per day.
new text end

new text begin Subd. 6. new text end

new text begin Furnishings. new text end

new text begin The license holder must ensure that each child has access to
furniture that is developmentally appropriate and the appropriate size, including at a
minimum:
new text end

new text begin (1) one diaper changing table for every 12 infants or 14 toddlers. The same table may
not be counted to fulfill the requirement under this clause for both infants and toddlers;
new text end

new text begin (2) one hands-free covered diaper container per diaper changing table;
new text end

new text begin (3) one crib and waterproof mattress per infant, including enough cribs with wheels to
evacuate the number of infants the program is licensed to serve;
new text end

new text begin (4) one cot or mat per toddler and preschool child. This clause does not apply to programs
operating for less than five hours per day if rest is not indicated as part of the center's child
care program;
new text end

new text begin (5) for infants, one nonfolding seating option per child based on licensed capacity; and
new text end

new text begin (6) for toddlers, preschoolers, and school-age children, one nonfolding seating option
per child based on licensed capacity, with a corresponding amount of table space to allow
the child to do table work or eat a meal while seated.
new text end

new text begin Subd. 7. new text end

new text begin Supplies. new text end

new text begin (a) The license holder must maintain enough diapers, disposable
paper for the diaper changing table, facial tissues, liquid hand soap, and single-service towels
to maintain cleanliness and sanitation for children in care.
new text end

new text begin (b) The license holder must provide at least two sets of sheets for each crib.
new text end

Sec. 15.

new text begin [142H.15] CHILDREN WITH SPECIAL HEALTH CARE NEEDS OR
DISABILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Child with special health care needs or disabilities. new text end

new text begin For the purposes
of this section, "child with special health care needs or disabilities" means a child at least
six weeks old but younger than 13 years old who:
new text end

new text begin (1) has developmental disabilities or is otherwise eligible for case management pursuant
to Minnesota Rules, parts 9525.0004 to 9525.0036;
new text end

new text begin (2) has been identified by the local school district as a child with a disability as defined
in section 125A.02, subdivision 1; or
new text end

new text begin (3) has been determined by a health care provider as defined in section 142H.01,
subdivision 22; licensed psychiatrist; licensed psychologist; or licensed consulting
psychologist as having a special health care need or disability relating to physical, social,
or emotional development.
new text end

new text begin Subd. 2. new text end

new text begin Report to parent. new text end

new text begin The license holder must inform the parent when there is a
developmental concern or potential special health care need of a child that was not previously
identified.
new text end

new text begin Subd. 3. new text end

new text begin Individual child care program plan. new text end

new text begin (a) When a license holder admits a child
with a disability or special health care need or a special need is identified, the license holder
must ensure that an individual child care program plan (ICCPP) is developed in a form and
manner prescribed by the commissioner to meet the child's individual needs.
new text end

new text begin (b) When developing or updating the ICCPP, the license holder must obtain relevant
information from the child's parent and program staff who work directly with the child.
new text end

new text begin (c) For a child who meets the criteria in subdivision 1, clause (1), the ICCPP must be
coordinated with the child's individual service plan (ISP).
new text end

new text begin (d) For a child who meets the criteria in subdivision 1, clause (2), the ICCPP must be
coordinated with the child's individualized educational plan (IEP).
new text end

new text begin (e) For a child who meets the criteria in subdivision 1, clause (3), the ICCPP must be
coordinated with the child's health care provider or other necessary medical professionals.
new text end

new text begin (f) The license holder must ensure that all program staff who work directly with the
child are trained on the ICCPP prior to working with the child. Documentation of staff
training must be maintained on file.
new text end

new text begin (g) Before the ICCPP is implemented, the parent and the director of the center must sign
and date the form. The ICCPP must be kept in the child's record.
new text end

new text begin (h) The ICCPP must be reviewed and updated at least once each calendar year and more
frequently if needed. The ICCPP must be signed and dated by the parent and the director
of the center upon their yearly review.
new text end

new text begin (i) The most recent ICCPP must be available at all times to program staff when the child
is in care.
new text end

new text begin Subd. 4. new text end

new text begin Inclusion. new text end

new text begin All activities must be designed to include all children unless a specific
medical contraindication exists or an exclusion is otherwise specified in a child's ICCPP.
new text end

new text begin Subd. 5. new text end

new text begin Allergy prevention and response. new text end

new text begin (a) An applicant must develop a written
policy on allergy prevention and response. A license holder must ensure the policy is carried
out and provided to parents at the time of enrollment.
new text end

new text begin (b) Before admitting a child for care, the license holder must obtain documentation of
any known allergy from the child's parent or the child's health care provider.
new text end

new text begin (c) If a child has a known allergy, the license holder must maintain current information
about the allergy in the child's record and develop an ICCPP pursuant to subdivision 3,
including:
new text end

new text begin (1) a description of the allergy;
new text end

new text begin (2) specific triggers and avoidance techniques;
new text end

new text begin (3) symptoms of an allergic reaction;
new text end

new text begin (4) procedures for responding to an allergic reaction, including medication to be
administered in an emergency situation and dosages; and
new text end

new text begin (5) the child's health care provider contact information.
new text end

new text begin (d) If a child has an ICCPP related to a food allergy, the ICCPP must be readily available
to the person in the area where food is prepared and served to the child. If food is prepared
off site, the center must notify the person or entity preparing the food of any food allergies
of children in their care. Food allergy information for all children in care shall be readily
available to staff in the classroom and wherever food is served.
new text end

new text begin (e) The license holder must contact the parent of the child immediately after any instance
of exposure or allergic reaction.
new text end

new text begin (f) The license holder must call 911 when epinephrine is administered to a child in care.
new text end

new text begin Subd. 6. new text end

new text begin Temporary physical needs. new text end

new text begin If a child has a temporary physical need as
identified by their health care provider, including but not limited to a brace, cast, or helmet,
the license holder must maintain current documentation about the temporary physical need
from the child's health care provider and any necessary accommodations in the child's record.
The license holder must ensure staff who work with the child are aware of the child's
temporary physical need and follow the identified necessary accommodations.
new text end

Sec. 16.

new text begin [142H.16] NIGHT CARE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin A license holder providing overnight care must comply
with this section. Night care is provided when children are in attendance anytime between
the hours of 11:00 p.m. and 5:00 a.m.
new text end

new text begin Subd. 2. new text end

new text begin Furnishings. new text end

new text begin Each child enrolled in a night care program must be provided
with a crib or bed, as described below.
new text end

new text begin (1) A crib that meets the requirements under section 142B.45 and two sets of sheets
must be provided for each infant and meet the requirements under section 142H.14.
new text end

new text begin (2) An individual age-appropriate bed with two sets of sheets and a blanket or quilt must
be provided for each toddler, preschooler, or school-age child.
new text end

new text begin (3) Each bed must have a waterproof mattress or mattress pad that can be cleaned and
disinfected.
new text end

new text begin (4) Bedding and sleeping equipment must be cleaned and disinfected as specified in
section 142H.31, subdivision 4, clause (3).
new text end

new text begin (5) Separate bedding must be provided and stored separately for each child in care.
new text end

new text begin Subd. 3. new text end

new text begin Clothing intended for sleeping. new text end

new text begin The license holder must ensure that all children
are put to bed in clothing for sleeping as designated by the parent of the child.
new text end

new text begin Subd. 4. new text end

new text begin Personal care items. new text end

new text begin The license holder must ensure that all children have
personal items needed to clean up and prepare for sleep. The items must include an individual
washcloth, towel, toothbrush, toothpaste, and liquid hand soap.
new text end

new text begin Subd. 5. new text end

new text begin Meals and snacks. new text end

new text begin The license holder must ensure that a child who will be
present in the center has had or will be provided with an evening meal. A bedtime snack
must be available for all children in attendance. Eating times and schedules for the individual
child must be consistent with patterns established in consultation with the parent of the
child.
new text end

new text begin Subd. 6. new text end

new text begin Staffing. new text end

new text begin At least two program staff persons, one of whom must qualify as a
teacher under section 142H.06, must be present in the center at all times during the hours
the night program is in operation. When more than 80 percent of the children present are
asleep, the remaining program staff persons needed to meet the required staff-to-child ratio
must have at least the qualifications of a child care aide. Program staff must be awake,
dressed, and provide supervision as specified in sections 142H.01, subdivision 35, and
142H.12 to children who are sleeping.
new text end

new text begin Subd. 7. new text end

new text begin Hygiene assistance. new text end

new text begin The license holder must ensure that children have the
opportunity to wash up and brush their teeth before bedtime. Program staff must assist
children during washing and changing clothes according to the developmental needs of the
child.
new text end

new text begin Subd. 8. new text end

new text begin Showers and bathtubs. new text end

new text begin The license holder must ensure bathtubs and showers
are equipped to prevent slipping, if the center provides bathing.
new text end

new text begin Subd. 9. new text end

new text begin Bathing procedures. new text end

new text begin The center must have written permission from the parent
prior to allowing the child to bathe and ensure bathtubs and showers are cleaned and
disinfected after each use. The tub or showers do not have to be disinfected between uses
if the children are siblings and the parent has provided written consent. All children must
bathe separately unless the children are siblings and the parent has provided written consent
that the children can be bathed together.
new text end

new text begin Subd. 10. new text end

new text begin Privacy. new text end

new text begin To ensure privacy, school-age boys and girls must be separated
during bedtime washing and changing activities.
new text end

new text begin Subd. 11. new text end

new text begin Sleeping arrangements. new text end

new text begin The center must provide sleeping arrangements so
that sleeping children are cared for separately from children who are awake and so that
sleeping children are not disturbed by arrivals and departures. Infants must have a sleep
area separate from the center's play and activity areas.
new text end

new text begin Subd. 12. new text end

new text begin Bedtime. new text end

new text begin A child's bedtime must be scheduled in consultation with the child's
parent.
new text end

new text begin Subd. 13. new text end

new text begin Light. new text end

new text begin The center must provide adequate lighting indoors in all areas, including
bathrooms, hallways, and sleeping rooms to ensure that staff are able to see all children at
all times.
new text end

new text begin Subd. 14. new text end

new text begin Outdoor illumination. new text end

new text begin The center must ensure that parking areas, outdoor
walkways, and all building entrances are adequately lighted for safety and security.
new text end

new text begin Subd. 15. new text end

new text begin Program emphasis. new text end

new text begin A license holder operating a night care program must
comply with the child care program standards in 142H.11.
new text end

new text begin Subd. 16. new text end

new text begin Exceptions. new text end

new text begin The outdoor activity area required by section 142H.34, subdivision
7; outdoor activities required by section 142H.11, subdivision 2; and outdoor equipment
required by section 142H.14 need not be provided for children enrolled in a night care
program.
new text end

Sec. 17.

new text begin [142H.17] DROP-IN CHILD CARE PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Drop-in child care programs. new text end

new text begin If a license holder chooses to operate as
a drop-in child care program as defined in section 142H.01, subdivision 17, the license
holder must comply with the requirements specified by this section and all other applicable
sections of this chapter. A drop-in child care program must meet one of the following
requirements to qualify for the exemptions specified in subdivision 2:
new text end

new text begin (1) the drop-in child care program operates in a child care center that houses no child
care program except the drop-in child care program;
new text end

new text begin (2) the drop-in child care program operates in the same child care center but not during
the same hours as a regularly scheduled ongoing child care program with a stable enrollment;
or
new text end

new text begin (3) the drop-in child care program operates in a child care center at the same time as a
regularly scheduled ongoing child care program with a stable enrollment, but activities,
except for bathroom use and outdoor play, are conducted separately from each other.
new text end

new text begin Subd. 2. new text end

new text begin Exemptions. new text end

new text begin Drop-in child care programs are exempt from the following
requirements:
new text end

new text begin (1) sections 142H.10 and 142H.11, subdivision 1, clauses (6) and (7); and
new text end

new text begin (2) section 142H.12, subdivisions 3 and 5, except for infants and toddlers.
new text end

new text begin Subd. 3. new text end

new text begin Staffing requirements. new text end

new text begin (a) A drop-in child care program must have at least
two program staff persons on site whenever the program is operating: the director or a
designee under section 142H.05 and a program staff member who is qualified as a teacher
under section 142H.06.
new text end

new text begin (b) If the drop-in child care program has additional staff who are on call as a mandatory
condition of their employment, the minimum child-to-staff ratio may be exceeded only for
preschool and school-age children by a maximum of four children for no more than 20
minutes while additional staff are in transit. If the ratio is exceeded for more than 20 minutes,
the license holder must review the mandatory on-call staff procedures and revise as necessary
to ensure compliance with this section, including hiring additional on-call staff as needed.
new text end

new text begin (c) Whenever there is a total of 20 children or more at a drop-in child care center, children
that are younger than age 2-1/2 must be cared for in a separate group. The group may contain
children up to 60 months old. The group must be cared for in an area that is physically
separated from older children.
new text end

new text begin (d) In drop-in care programs that serve both infants and older children, children up to
age 2-1/2 may be supervised by assistant teachers as long as other staff are present in
appropriate ratios.
new text end

new text begin (e) A drop-in child care program may care for siblings who are all at least 16 months
old together in any group. For purposes of this section, "sibling" is defined as sister or
brother, half sister or half brother, or stepsister or stepbrother.
new text end

new text begin Subd. 4. new text end

new text begin Staff-to-child ratio requirements in a drop-in program. new text end

new text begin The minimum
staff-to-child ratio that a license holder may maintain in a drop-in program is:
new text end

new text begin (1) for infants ages six weeks to 16 months, one program staff person for every four
infants;
new text end

new text begin (2) for toddler children ages 17 to 33 months, one program staff person for every seven
children;
new text end

new text begin (3) for preschool children ages 34 months up to school age, one program staff person
for every ten children; and
new text end

new text begin (4) for school-age children, one program staff person for every 15 children.
new text end

new text begin Subd. 5. new text end

new text begin Staff distribution. new text end

new text begin (a) The minimum staff distribution pattern for a drop-in
child care program is:
new text end

new text begin (1) the first staff member needed to meet the required staff-to-child ratio must be a
teacher;
new text end

new text begin (2) the second and third staff members must have at least the qualifications of a child
care aide; and
new text end

new text begin (3) the fourth staff member must have at least the qualifications of an assistant teacher.
new text end

new text begin (b) The pattern in paragraph (a) must be repeated until the number of staff needed to
meet the staff-to-child ratio for each age category has been achieved.
new text end

Sec. 18.

new text begin [142H.18] EXCLUSION OF SICK CHILDREN .
new text end

new text begin Subdivision 1. new text end

new text begin Care of sick children. new text end

new text begin If a child becomes sick while at the center, the
child must be isolated from other children in care and the child's parent called immediately.
When determining if a child is sick and exclusion is necessary, license holders must follow:
new text end

new text begin (1) the requirements on reportable diseases in Minnesota Rules, parts 4605.7040,
4605.7070, and 4605.7080; and
new text end

new text begin (2) guidelines from the commissioner of health on infectious diseases in child care
settings.
new text end

new text begin Subd. 2. new text end

new text begin Notification. new text end

new text begin (a) A child care center's program policies must require a parent
to inform the center within 24 hours, exclusive of weekends and holidays, when a child is
diagnosed by a child's health care provider or dental care provider as having a reportable
or infectious disease as specified in subdivision 1.
new text end

new text begin (b) The license holder must ensure that the commissioner of health is notified of any
suspected case of reportable disease as specified in Minnesota Rules, parts 4605.7040,
4605.7050, or 4605.7080, within 24 hours of receiving the parent's or staff report.
Documentation of the notification must be kept at the center.
new text end

new text begin (c) The license holder must notify the parents of exposed children within 24 hours of
when a parent, employee, or volunteer notifies the center of a reportable disease under
subdivision 1, lice, scabies, impetigo, ringworm, or chicken pox. The notice must be posted
in a clearly visible, accessible place or provided individually to each parent of a child who
was exposed.
new text end

new text begin Subd. 3. new text end

new text begin Return to center. new text end

new text begin Children with a reportable or infectious disease as specified
in subdivision 1 must be excluded from the center for a length of time as specified in the
commissioner of health guidelines on infectious diseases in child care settings and until the
child can participate in routine activities without more staff supervision than usual. The
center must exclude a child for a longer period if the child's health care provider determines
that it is necessary.
new text end

Sec. 19.

new text begin [142H.19] SICK CARE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure of sick care programs. new text end

new text begin If a license holder chooses to operate
as a sick care program, the license holder must operate a sick care program that complies
with the requirements in this section.
new text end

new text begin Subd. 2. new text end

new text begin Review of admission and health policies and practices. new text end

new text begin (a) A licensed
physician, physician assistant, or advanced practice registered nurse with a specialization
in pediatric care must review and approve a sick care program's admission policy at the
time of initial license application, after the first six months of initial operation, and at least
once each calendar year.
new text end

new text begin (b) The review must include consultation with the licensed registered nurse or physician
responsible for admissions.
new text end

new text begin (c) A report of the findings must be sent to the commissioner with the initial application
for licensure, and subsequent reports must be placed in the center's administrative record.
new text end

new text begin (d) The license holder operating a sick care program must ensure that the program's
health policies and practices required under this section are reviewed quarterly by a health
consultant. The center must keep documentation of the quarterly reviews in the center's
administrative records.
new text end

new text begin Subd. 3. new text end

new text begin Evaluation of a sick child. new text end

new text begin (a) A license holder that operates a sick care program
must provide for the evaluation of the condition of a sick child before admitting the child
to the center.
new text end

new text begin (b) The evaluation must be based on the physical symptoms of the child each day of
admission, the probable contagion and risk to the health of others present, the ability of the
program to provide the care the child requires, and whether the child can be grouped together
with other children in care with contagious or noncontagious illnesses. Documentation of
the evaluation must be placed in the child's record.
new text end

new text begin (c) Before admitting a child to a sick care program:
new text end

new text begin (1) a parent must describe the child's symptoms over the phone;
new text end

new text begin (2) a health care provider as defined in section 142H.01, subdivision 22, affiliated with
the center must tell the parent whether the parent may bring the child to the center for further
evaluation; and
new text end

new text begin (3) the health care provider must conduct a physical assessment of the child and obtain
a health history from the parent at the center.
new text end

new text begin Subd. 4. new text end

new text begin Information to parents. new text end

new text begin A summary of the sick care program's health care
policies and practices and the center's procedures for notification of parents in the event of
an emergency must be given to the parent the first time a child is admitted and every
admission following a change to any of the information.
new text end

new text begin Subd. 5. new text end

new text begin Parent conference exception. new text end

new text begin Centers licensed to provide child care exclusively
to sick children are not required to provide parent conferences under section 142H.20,
subdivision 2.
new text end

new text begin Subd. 6. new text end

new text begin Child care program emphasis exception. new text end

new text begin A sick care program does not need
to meet the child care program plan requirements under section 142H.11. However, the
child care program plan for the care of sick children must emphasize quiet activities.
new text end

new text begin Subd. 7. new text end

new text begin Group size and age category grouping exceptions. new text end

new text begin The maximum group
sizes specified under section 142H.10, subdivision 1, and the age category grouping
restrictions under section 142H.10, subdivision 3, do not apply to sick care programs, except
that there must be no more than 16 children in sick care in the same room at the same time.
new text end

new text begin Subd. 8. new text end

new text begin Additional staff-to-child ratios and staff distribution requirements. new text end

new text begin (a) A
one-to-four staff-to-child ratio must be maintained at all times in a room used to care for
sick children.
new text end

new text begin (b) At least two program staff persons must be present in a center operating a sick care
program whenever sick children are in care.
new text end

new text begin (c) The first program staff person must be a registered nurse. The remaining program
staff persons must at least meet the qualifications and follow the staff distribution pattern
under section 142H.10.
new text end

new text begin Subd. 9. new text end

new text begin Limitation on staff assignment. new text end

new text begin Staff must not care for nonsick children or
prepare food for nonsick children on the same day as sick children. Staff caring for sick
children must not enter the kitchen used to prepare food for nonsick children.
new text end

new text begin Subd. 10. new text end

new text begin Food preparation. new text end

new text begin Food provided by the license holder and prepared at the
center must be prepared in a room separate from rooms where sick care is provided and
must be delivered to each sick care room in individual servings and in covered containers.
Procedures for preparing, handling, and serving food and washing food, utensils, and
equipment must comply with the requirements in the Minnesota Food Code, Minnesota
Rules, chapter 4626.
new text end

new text begin Subd. 11. new text end

new text begin Menus. new text end

new text begin Menus for sick children must be modified to meet the individual needs
of the child.
new text end

new text begin Subd. 12. new text end

new text begin Additional facility requirements. new text end

new text begin A license holder operating a sick care
program must provide:
new text end

new text begin (1) a room or rooms that are exclusively used to care for sick children and that are not
used at any time for any other child care purpose; and
new text end

new text begin (2) toilets and hand sinks that are within or immediately adjacent to the room or rooms
used for sick care and are not used by well children in care.
new text end

new text begin Subd. 13. new text end

new text begin Outdoor activity area, activities, and equipment exception. new text end

new text begin Sick care
programs under this section are exempt from the requirements for an outdoor activity area
under section 142H.34, subdivision 7; outdoor activities under section 142H.11, subdivision
2; and outdoor equipment under section 142H.14.
new text end

new text begin Subd. 14. new text end

new text begin Cleaning and disinfection. new text end

new text begin Floors in rooms where sick care is provided and
all linens, toileting equipment, sinks, furnishings, objects, and equipment used by sick
children must be cleaned and disinfected at least daily and as needed pursuant to the
requirements under section 142H.31.
new text end

new text begin Subd. 15. new text end

new text begin Bedding and sleeping equipment. new text end

new text begin (a) Each sick child must be provided
appropriate bedding and sleeping equipment, depending on the age of the child, as follows:
new text end

new text begin (1) a crib and crib sheets pursuant to the requirements of section 142B.45, cot, mat, or
bed, depending on the age of the child;
new text end

new text begin (2) a pillow, except if the child is an infant;
new text end

new text begin (3) a pillowcase, except if the child is an infant; and
new text end

new text begin (4) a blanket or quilt, except if the child is an infant.
new text end

new text begin (b) Bedding provided by the center must be laundered after each use. Sleeping equipment
must be cleaned and disinfected after each use.
new text end

Sec. 20.

new text begin [142H.20] INFORMATION TO PARENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Policies provided to parents. new text end

new text begin At the time of a child's enrollment, the
parent must be provided with written notification of the:
new text end

new text begin (1) ages and numbers of children the center is licensed to serve;
new text end

new text begin (2) hours and days of operation;
new text end

new text begin (3) child care program options the center is licensed to operate, including a description
of the program's educational methods; the program's religious, political, or philosophical
basis, if any; and how parents may review the center's child care program plan;
new text end

new text begin (4) policy on parent conferences and notification to a parent of a child's intellectual,
physical, social, and emotional development;
new text end

new text begin (5) policy requiring a health care summary and immunization record of a child;
new text end

new text begin (6) policies and procedures for the care of children who become sick at the center and
parent notification practices for the onset of or exposure to a contagious illness or condition
pursuant to section 142H.18 or when there is an emergency or injury requiring medical
attention;
new text end

new text begin (7) policies and procedures for administering first aid and sources of care to be used in
case of emergencies;
new text end

new text begin (8) policies on the administration of medicine;
new text end

new text begin (9) procedures for obtaining written parental permission for transportation of children
and field trips as required in section 142H.33, subdivision 4, paragraph (d);
new text end

new text begin (10) procedures for obtaining written parental consent for research, cameras, and social
media participation pursuant to section 142H.22;
new text end

new text begin (11) policies on transitioning a child to the next age group, pursuant to section 142H.10;
new text end

new text begin (12) policies on the provision of meals and snacks;
new text end

new text begin (13) behavior guidance policies and procedures;
new text end

new text begin (14) presence of pets;
new text end

new text begin (15) policy that parents of enrolled children must be allowed access to their child at any
time while the child is in care unless a court order or other legal documentation restricts
access pursuant to section 142H.21;
new text end

new text begin (16) policy on the prohibition of smoking, use of tobacco products, vaping, electronic
cigarettes, alcohol, and drugs on the premises of the program pursuant to section 142H.29,
subdivision 11;
new text end

new text begin (17) policy on use of technology and screen time pursuant to section 142H.11, subdivision
1, clause (12);
new text end

new text begin (18) telephone number of the Department of Children, Youth, and Families, Division
of Licensing;
new text end

new text begin (19) policy on naps and rest pursuant to section 142H.12; and
new text end

new text begin (20) procedures for notifying parents of an evacuation, including procedures for
reunification with families.
new text end

new text begin Subd. 2. new text end

new text begin Parent conferences. new text end

new text begin The license holder must inform the parent of a child's
progress and:
new text end

new text begin (1) complete individual assessments of each child's intellectual, physical, social, and
emotional development at least twice a year. Individual assessments for school-age children
must be completed at least once a year;
new text end

new text begin (2) plan and offer parent conferences by program staff at least twice a year to review
and discuss the child's assessment. Parent conferences for school-age children must be
planned and offered at least once a year; and
new text end

new text begin (3) maintain documentation of the child's assessment and that individual parent
conferences were planned and offered in each child's record.
new text end

new text begin Subd. 3. new text end

new text begin Daily reports for infants and toddlers. new text end

new text begin Daily written individualized reports
must be provided to the parent of an infant or toddler about the child's food intake,
elimination, sleeping patterns, and general behavior.
new text end

Sec. 21.

new text begin [142H.21] PARENT VISITATION AND ACCESS TO PROGRAM.
new text end

new text begin (a) The center must have a parent visitation and access policy that meets the requirements
of this section at a minimum.
new text end

new text begin (b) An enrolled child's parent must be allowed access to their child at any time while
the child is in care unless a legal restriction or court order restricts access.
new text end

new text begin (c) A copy of the order or other legal restriction in paragraph (b) must be kept in the
child's record.
new text end

Sec. 22.

new text begin [142H.22] CONSENT FOR RESEARCH, CAMERAS, AND SOCIAL MEDIA
PARTICIPATION.
new text end

new text begin Subdivision 1. new text end

new text begin Policy. new text end

new text begin A center must have and follow a policy governing the center's
use of social media and the use of photos and videos of children in care. The policy must
include:
new text end

new text begin (1) procedures for obtaining written consent from parents for release of photos and
videos of children for promotional or publicity purposes; and
new text end

new text begin (2) a statement prohibiting any employee or volunteer from posting content of children
in care or enrolled families on a personal social media account or public digital platform,
including photos, videos, or personal identifying information of the children.
new text end

new text begin Subd. 2. new text end

new text begin Participation in research, fundraising, or public relations projects. new text end

new text begin (a) The
license holder must obtain written permission from a parent before a child is involved in
research, fundraising, or public relations projects while at the center. A separate written
permission form must be obtained before each occasion of a research, fundraising, or public
relations activity.
new text end

new text begin (b) The permission form must be maintained in the child's record.
new text end

Sec. 23.

new text begin [142H.23] EMERGENCY AND ACCIDENT POLICIES AND RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Emergency preparedness plan. new text end

new text begin (a) An applicant must develop a written
plan for emergencies that require evacuation, relocation, sheltering in place, or lockdown
resulting from a fire, blizzard, tornado or other natural disaster, or other threatening situations
that may pose a health or safety hazard to a child, such as an intruder or violence at the
facility. A license holder must carry out the emergency plan during emergencies. The plan
must be written on a form developed by the commissioner and include:
new text end

new text begin (1) procedures for an evacuation, including building evacuation routes and identification
of primary and secondary exits;
new text end

new text begin (2) procedures for relocation, including a designated relocation site;
new text end

new text begin (3) procedures for sheltering in place and lockdown;
new text end

new text begin (4) procedures for notifying a child's parent of an evacuation, relocation, sheltering in
place, or lockdown, including procedures for reunification with families;
new text end

new text begin (5) accommodations for a child with a disability or a chronic medical condition;
new text end

new text begin (6) accommodations for infants and toddlers;
new text end

new text begin (7) procedures for storing a child's medically necessary medicine that facilitates easy
removal during an evacuation or relocation;
new text end

new text begin (8) procedures for continuing operations in the period during and after a crisis; and
new text end

new text begin (9) procedures for communicating with local emergency management officials, law
enforcement officials, or other appropriate state or local authorities.
new text end

new text begin (b) A license holder must review and update the emergency plan at least once each
calendar year and as needed when changes to the circumstances or facilities necessitate an
updated plan. Documentation of the yearly review and when changes are made must be
maintained in the program's administrative records.
new text end

new text begin (c) Program staff must be trained on the emergency plan at orientation as specified under
section 142H.09 when changes are made to the plan and at least once each calendar year.
Training must be documented and maintained on site.
new text end

new text begin (d) A center must have an operable on-site flashlight for use in an emergency situation.
A cell phone may not be used to meet this requirement.
new text end

new text begin (e) A license holder must conduct fire drills every month and hold tornado drills monthly
from April 1 through September 30. Fire and tornado drills must be documented and include
the date of the drill, the start and end time of the drill, and the name of the program staff
person completing the documentation. Documentation must be maintained in the program's
administrative records.
new text end

new text begin (f) Primary and secondary exits and evacuation routes must remain unblocked.
new text end

new text begin Subd. 2. new text end

new text begin Emergencies, accidents, incidents, and injuries. new text end

new text begin (a) The policies and
procedures for emergencies, accidents, incidents, and injuries must include:
new text end

new text begin (1) procedures for administering first aid;
new text end

new text begin (2) procedures for the daily inspection of potential hazards;
new text end

new text begin (3) procedures for fire prevention and procedures to follow in the event of a fire, including
the phone number of the fire department, persons responsible for the evacuation of children
and areas for which they are responsible, instruction on how to use a fire extinguisher, and
instructions on how to close off the fire area;
new text end

new text begin (4) procedures to follow when a child is missing, including when a school-age child
does not arrive at the center when expected after school;
new text end

new text begin (5) procedures to follow if a person who is unknown, unauthorized, incapacitated, or
suspected of abuse attempts to pick up a child or if no one comes to pick up a child. The
procedure must include a practice for verifying a person's identity;
new text end

new text begin (6) sources of emergency medical care; and
new text end

new text begin (7) procedures for recording emergencies, accidents, incidents, and injuries involving a
child enrolled in the center. The written record must include:
new text end

new text begin (i) the name and age of the child involved;
new text end

new text begin (ii) the name of employees or volunteers present;
new text end

new text begin (iii) the date, time, and place of the emergency, accident, incident, or injury;
new text end

new text begin (iv) the type of injury;
new text end

new text begin (v) actions taken by staff; and
new text end

new text begin (vi) to whom the emergency, accident, incident, or injury was reported.
new text end

new text begin (b) At a minimum, the emergency, accident, incident, or injury must be reported in
writing to the parent and as otherwise required in section 142H.28.
new text end

new text begin (c) Each calendar year, the license holder must conduct an analysis of the emergencies,
accidents, incidents, and injuries that have been documented pursuant to paragraph (a),
clause (7). Documentation of the yearly analysis and any modification of the center's policies
based on the analysis must be maintained in the program's administrative records.
new text end

new text begin (d) The license holder must post a facility floor plan in a visible location in each classroom
and other areas in the facility where child care is provided. The posted floor plan in each
area must include:
new text end

new text begin (1) identification of primary and secondary exits;
new text end

new text begin (2) building evacuation routes;
new text end

new text begin (3) identification of tornado shelter and other shelter-in-place locations;
new text end

new text begin (4) identification of staff positions responsible for the evacuation or sheltering of children;
new text end

new text begin (5) the name and address of the designated relocation site; and
new text end

new text begin (6) phone numbers and sources of emergency medical services, the poison control center,
the fire department, and the department's licensing division.
new text end

new text begin (e) The license holder must ensure program staff are trained on the emergency, accident,
incident, and injury policies and procedures at orientation as required in section 142H.09
when changes are made to the policies and procedures and at least once each calendar year.
Training must be documented and maintained on site.
new text end

Sec. 24.

new text begin [142H.24] SUPERVISION AND RISK REDUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Supervision; sight and hearing exceptions. new text end

new text begin (a) A child is still supervised
as defined in section 142H.01, subdivision 35, when:
new text end

new text begin (1) an infant is placed in a crib to sleep and a program staff person is within sight or
hearing of the infant pursuant to section 142H.12, subdivision 4;
new text end

new text begin (2) a single school-age child uses a restroom that is not available to the public when the
child care center is operating and serving children and a program staff person has knowledge
of the child's activity and location and checks on the child at least every five minutes. When
services are provided away from the child care facility, including but not limited to field
trips, a school-age child who uses a restroom that is available to the public must be
accompanied by a program staff person;
new text end

new text begin (3) a school-age child leaves the classroom but remains within the licensed child care
center space to deliver or retrieve items from the child's personal storage space and a program
staff person has knowledge of the child's activity and location and checks on the child at
least every five minutes; or
new text end

new text begin (4) a single preschool child uses an individual, private restroom within the classroom
with the door closed and a program staff person has knowledge of the child's activity and
location, can hear the child, and checks on the child at least every five minutes. A shared
restroom between two separate rooms that has a door into each room is not considered an
individual, private restroom for the purposes of this clause.
new text end

new text begin (b) A program must account for each exception in paragraph (a) in the risk reduction
plan under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Risk reduction plan. new text end

new text begin (a) The license holder must develop a risk reduction plan
that identifies the general risks to children served by the child care center in a form and
manner prescribed by the commissioner.
new text end

new text begin (b) The license holder must establish procedures to minimize identified risks, train staff
on the procedures, and review the procedures each calendar year.
new text end

new text begin (c) The risk reduction plan must include an assessment of risk to children the center
serves or intends to serve and identify specific risks based on the outcome of the assessment.
The assessment of risk must be composed of:
new text end

new text begin (1) an assessment of the risks presented by the physical plant where the licensed services
are provided, including an evaluation of:
new text end

new text begin (i) the condition and design of the facility and its outdoor space, bathrooms, and storage
areas;
new text end

new text begin (ii) the accessibility of medications and cleaning products that are harmful to children;
and
new text end

new text begin (iii) the existence of areas that are difficult to supervise; and
new text end

new text begin (2) an assessment of the risks presented by the environment for each facility and for
each site, including an evaluation of the type of grounds and terrain surrounding the building
and the proximity to hazards, busy roads, and publicly accessed businesses.
new text end

new text begin (d) The risk reduction plan must include a statement of measures that will be taken to
minimize the risk of harm presented to children for each risk identified in the assessment
under paragraph (c) related to the physical plant and environment.
new text end

new text begin (e) In addition to any program-specific risks identified in paragraph (c), the plan must
include specific policies and procedures that minimize the risk of harm or injury to children,
including from:
new text end

new text begin (1) closing children's fingers in doors, including cabinet doors;
new text end

new text begin (2) leaving children in the community without supervision;
new text end

new text begin (3) children leaving the facility without supervision;
new text end

new text begin (4) dislocation of children's elbows by program staff pulling or lifting children by the
hands or wrists or swinging by the arms;
new text end

new text begin (5) burns, including from hot food or beverages, whether served to children or being
consumed by program staff, and devices used to warm food and beverages;
new text end

new text begin (6) injuries from equipment, such as scissors and glue guns;
new text end

new text begin (7) sunburn;
new text end

new text begin (8) feeding children foods to which they are allergic;
new text end

new text begin (9) children falling from changing tables;
new text end

new text begin (10) children accessing dangerous items or chemicals or coming into contact with residue
from harmful cleaning products;
new text end

new text begin (11) traffic and pedestrian accidents, including when walking with children on
neighborhood walks, to an off-site outdoor play area, or in areas with heavy traffic or difficult
terrain such as railroad tracks; and
new text end

new text begin (12) children choking or suffocating.
new text end

new text begin (f) The plan must ensure hazardous objects as defined in section 142H.34, subdivision
17, are inaccessible to children.
new text end

new text begin (g) The plan must include specific policies and procedures to ensure adequate supervision
of children at all times as defined in subdivision 1 and section 142H.01, subdivision 35,
and pursuant to the staffing requirements of section 142H.10, subdivision 1, with particular
emphasis on:
new text end

new text begin (1) times when children are transitioned from one area within the facility to another,
including the use of a name-to-face check during transition time;
new text end

new text begin (2) nap-time supervision, including infant crib rooms;
new text end

new text begin (3) child arrival and departure times, including when children arrive or depart from the
center by bus;
new text end

new text begin (4) supervision during outdoor play, outdoor learning activities, and community activities,
including but not limited to field trips and neighborhood walks;
new text end

new text begin (5) supervision of children in hallways;
new text end

new text begin (6) supervision of preschool children when using an individual private restroom within
the classroom; and
new text end

new text begin (7) supervision of school-age children when using the restroom and visiting the child's
personal storage space.
new text end

new text begin Subd. 3. new text end

new text begin Yearly review of risk reduction plan. new text end

new text begin (a) The license holder must review the
risk reduction plan each calendar year and document the review.
new text end

new text begin (b) When conducting the review, the license holder must consider incidents that have
occurred in the center since the last review, including:
new text end

new text begin (1) incidents covered by the assessment factors in subdivision 2;
new text end

new text begin (2) the internal reviews conducted under section 142H.36, if any;
new text end

new text begin (3) substantiated maltreatment findings, if any; and
new text end

new text begin (4) any other incidents that caused injury or harm to a child.
new text end

new text begin (c) Within ten days following any change to the risk reduction plan, the license holder
must train program staff on the change and document that the staff were trained on the
change.
new text end

Sec. 25.

new text begin [142H.25] CENTER ADMINISTRATIVE RECORDS.
new text end

new text begin For a center governed by this chapter, the record retention requirements in section
142B.03, subdivision 1, apply to:
new text end

new text begin (1) a record of the information given to parents specified in section 142H.20;
new text end

new text begin (2) the personnel records specified in section 142H.26;
new text end

new text begin (3) the children's records specified in section 142H.27;
new text end

new text begin (4) health consultant reviews of the center's health policies and practices as specified in
section 142H.29, subdivision 2;
new text end

new text begin (5) the child care program plan specified in section 142H.11;
new text end

new text begin (6) the emergencies, accidents, incidents, and injuries records specified in section
142H.23, subdivision 2;
new text end

new text begin (7) the child separation reports mandated in section 142H.13;
new text end

new text begin (8) daily center and classroom attendance records specified in section 142H.30; and
new text end

new text begin (9) staffing schedules.
new text end

Sec. 26.

new text begin [142H.26] PERSONNEL RECORDS.
new text end

new text begin A license holder must maintain a current personnel record for each program staff person
in a manner prescribed by the commissioner and consistent with section 142B.03. The
personnel record for each program staff person must contain:
new text end

new text begin (1) the program staff person's name, home address, telephone number, date of birth, and
emergency contact information;
new text end

new text begin (2) the program staff person's first date of direct contact and first date of unsupervised
direct contact with a child;
new text end

new text begin (3) documentation indicating that the program staff person meets the requirements of
the staff person's job in sections 142H.05 to 142H.08; and
new text end

new text begin (4) the program staff person's hire date and last day of employment.
new text end

Sec. 27.

new text begin [142H.27] CHILDREN'S RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin Prior to or on the day of enrollment in the center, the
license holder must maintain a record on site for each child served by the program. The
record must contain:
new text end

new text begin (1) the child's full name, date of birth, and current home address;
new text end

new text begin (2) the child's date of enrollment in the program;
new text end

new text begin (3) the name, address, and telephone number of the child's parent;
new text end

new text begin (4) the name and telephone number of at least one emergency contact person who can
be contacted if a parent cannot be reached in an emergency or when there is an injury
requiring medical attention;
new text end

new text begin (5) the names and telephone numbers of any additional persons authorized by the parent
to pick up the child from the center;
new text end

new text begin (6) the child's health and immunization information required by section 142H.29,
subdivisions 3 and 4;
new text end

new text begin (7) written authorization for the license holder to act in an emergency or when a parent
or designee cannot be reached or is delayed;
new text end

new text begin (8) the hours and days of the week the child will attend the center;
new text end

new text begin (9) for infants and toddlers, a description of the child's eating, sleeping, toileting, and
communication habits and effective methods for comforting the child;
new text end

new text begin (10) documentation of any dietary or medical needs of the child;
new text end

new text begin (11) documentation of a child's individual child care program plan as required by section
142H.15; and
new text end

new text begin (12) the date of parent conferences and a summary of the information provided to the
parent at the conferences.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure. new text end

new text begin The license holder must not disclose a child's record to any person
other than the child, the child's parent, the child's legal representative, employees of the
license holder, or the commissioner unless the child's parent has given written consent. This
subdivision does not apply to information needed by a first responder in the case of an
emergency.
new text end

Sec. 28.

new text begin [142H.28] REPORTING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Maltreatment, abuse, and neglect reporting. new text end

new text begin The license holder must
comply with the reporting requirements for abuse and neglect specified in chapter 260E.
new text end

new text begin Subd. 2. new text end

new text begin Other reporting. new text end

new text begin Within 24 hours, the license holder must notify the
commissioner of the following in a manner prescribed by the commissioner:
new text end

new text begin (1) of the death or notification of the death of a child enrolled in the center as required
under section 142B.10, subdivision 24;
new text end

new text begin (2) of the occurrence or notification of any injury to a child in care in the program that
required treatment by a dentist or health care provider as defined in section 142H.01,
subdivision 22. Treatment does not include application of or recommendation to use
nonprescription medication or diagnostic testing;
new text end

new text begin (3) of the occurrence of structural damage to the building or a fire that requires the
service of a fire department; and
new text end

new text begin (4) of the provision of any emergency medical service to a child while in care.
new text end

Sec. 29.

new text begin [142H.29] HEALTH.
new text end

new text begin Subdivision 1. new text end

new text begin Health policies. new text end

new text begin An applicant must develop written health policies
approved by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Health consultation. new text end

new text begin (a) The center must have a health consultant as defined
in section 142H.01, subdivision 21, review the center's health policies and practices in
person and certify that the policies and practices are adequate to protect the health of children
in care.
new text end

new text begin (b) The health consultant's review, including an on-site visit, must be done before initial
licensure and must be repeated each calendar year.
new text end

new text begin (c) For programs serving infants, an in-person review must be done before initial licensure
and at least quarterly thereafter. At least every other quarter, a health consultant may conduct
the health review visit virtually.
new text end

new text begin (d) A health consultant must review the center's health policies and practices before
implementing a change in the center's health policies or practices and after an outbreak of
a contagious reportable illness as specified in Minnesota Rules, parts 4605.7040, 4605.7050,
and 4605.7080.
new text end

new text begin (e) The consultant must review and approve:
new text end

new text begin (1) the first aid and safety policies and procedures required by section 142H.23,
subdivision 2;
new text end

new text begin (2) the diapering procedures and practices specified in subdivision 6;
new text end

new text begin (3) the programs' cleaning and disinfecting products and procedures; and
new text end

new text begin (4) the sanitation procedures and practices for food catered in or provided by the child's
parent as specified in section 142H.32, subdivision 5, and for infants as specified in section
142H.32, subdivision 10.
new text end

new text begin Subd. 3. new text end

new text begin Health information at admission. new text end

new text begin Before a child is admitted to a center or
within 30 days of admission, the license holder must obtain a report on a current physical
examination of the child signed by the child's health care provider.
new text end

new text begin Subd. 4. new text end

new text begin Immunizations. new text end

new text begin (a) Before a child is admitted to a center, the license holder
must obtain documentation of current immunization records according to section 121A.15
and Minnesota Rules, chapter 4604; a signed notarized statement of parental objection to
the immunization; or a medical exemption. The license holder must maintain record of
current immunizations, a signed notarized statement of parental objection to the
immunization, or a medical exemption throughout the child's enrollment at the center.
new text end

new text begin (b) License holders must file an immunization report each calendar year with the
Department of Health, as required under the Minnesota School and Child Care Immunization
Law, section 121A.15, subdivision 8, and Minnesota Rules, part 4604.0410.
new text end

new text begin Subd. 5. new text end

new text begin Administration of medication. new text end

new text begin (a) A license holder that administers medication
must:
new text end

new text begin (1) get written permission from the child's parent before administering medication;
new text end

new text begin (2) get written permission from the child's parent before administering items that may
be applied externally, including but not limited to diapering products, sunscreen lotions,
hand sanitizer, lip balm, body lotion, and insect repellents. Items under this clause must be
administered according to the manufacturer's instructions unless a dentist or health care
provider as defined in section 142H.01, subdivision 22, gives alternative written instructions;
new text end

new text begin (3) get and follow written instructions from a dentist or a health care provider before
administering each prescription. Medication with the child's name and current prescription
information on the label constitutes instructions;
new text end

new text begin (4) follow written dosage instructions from a child's parent or health care provider for
over-the-counter medication that is intended to be ingested and does not include dosage
information within the manufacturer's instructions;
new text end

new text begin (5) keep all medication in its original container and have a legible label stating the child's
first and last name. The medication must be given only to the child whose name is on the
label, unless as described in paragraph (b);
new text end

new text begin (6) not give medication after an expiration date on the label, return any unused portion
to the child's parent if possible, and destroy any unused portion that cannot be returned;
new text end

new text begin (7) document the administration of any ingested nonprescription medication and all
prescription medication. The documentation must include the first and last name of the
child, name of the medication or prescription number, date, time, dosage, and printed name
and signature or initials of the person who administered the medication. This documentation
must be available to the parent and maintained in the child's record;
new text end

new text begin (8) store all medications, insect repellents, sunscreen lotions, and diaper rash control
products according to directions on the original container and in a place inaccessible to
children; and
new text end

new text begin (9) not use herbal remedies and essential oils, unless prescribed or recommended by a
dentist or a health care provider. If these are administered, they must be administered in
compliance with the requirements of this subdivision.
new text end

new text begin (b) Sunscreen lotions and insect repellents supplied by the license holder may be used
on more than one child and must be labeled for use for all children. A product to control or
prevent diaper rash, including premoistened commercial wipes that cannot be dispensed in
a manner that prevents cross contamination of the product and container as determined by
the health consultant, must be labeled with the child's first and last name and used only for
the individual child whose name is written on the label.
new text end

new text begin Subd. 6. new text end

new text begin Diapers, changing areas, and disposal. new text end

new text begin Sanitary diaper procedures must be
used to reduce the spread of communicable disease. A license holder must:
new text end

new text begin (1) make an adequate supply of clean diapers available for each child and store the
diapers in a clean place;
new text end

new text begin (2) change diapers following the diaper changing procedure reviewed and approved by
the center's health consultant pursuant to subdivision 2, paragraph (e), clause (2);
new text end

new text begin (3) post diaper changing procedures reviewed and certified by the center's health
consultant in the diaper changing area;
new text end

new text begin (4) keep children in diapers clean and dry. Diapers and clothing must be changed
immediately or as soon as practicable when wet or soiled. Soiled clothing must be placed
in a plastic bag and sent home with the parent daily;
new text end

new text begin (5) use single-service wipes for cleaning a wet or soiled child;
new text end

new text begin (6) clean and disinfect changing tables and changing pads between children;
new text end

new text begin (7) use smooth, nonabsorbent surfaces for the diaper changing area and flooring;
new text end

new text begin (8) require the program staff person to maintain a hand on the child at all times during
diapering. Children must not be left unattended on the changing table;
new text end

new text begin (9) clean and disinfect diaper changing areas, including but not limited to counters, sinks,
and floors, daily or immediately when soiled;
new text end

new text begin (10) keep a covered diaper disposal receptacle lined with a disposable plastic bag in the
diaper changing area. Diapers cannot be disposed of in a kitchen disposal area;
new text end

new text begin (11) empty, clean, and disinfect diaper receptacles daily or more often as needed; and
new text end

new text begin (12) only change a diaper in the diaper changing area. The diaper changing area must
be separate from areas used for food storage, food preparation, and eating.
new text end

new text begin Subd. 7. new text end

new text begin Hand washing; child. new text end

new text begin (a) A child's hands must be washed with soap and water
after a diaper change, after use of a toilet or toilet training chair, and immediately before
eating a meal or snack.
new text end

new text begin (b) Program staff must monitor hand washing and assist a child who needs help.
new text end

new text begin (c) The use of a common basin or a hand sink filled with standing water is prohibited.
new text end

new text begin (d) Hands must be dried on a single-use towel or warm air hand dryer. The use of a
common or shared cloth or towel is prohibited.
new text end

new text begin (e) In sinks accessible to children, the water temperature must not exceed 120 degrees
Fahrenheit to prevent children from scalding themselves while washing.
new text end

new text begin (f) A hand sanitizer with at least 60 percent alcohol may be used to clean a child's hands
when soap and water are unavailable.
new text end

new text begin Subd. 8. new text end

new text begin Hand washing; program staff. new text end

new text begin Program staff must wash their hands with soap
and water after changing a child's diaper, after assisting a child on the toilet, after washing
the diapering surface, after using toilet facilities, and before handling food or eating. Hands
must be dried on a single-use towel or warm air hand dryer. The use of a common or shared
cloth or towel is prohibited. Program staff may use a hand sanitizer with at least 60 percent
alcohol when soap and water are unavailable.
new text end

new text begin Subd. 9. new text end

new text begin First aid kit. new text end

new text begin The license holder must have a first aid kit that is accessible in
the center at all times and whenever children are off site that includes:
new text end

new text begin (1) adhesive bandages in assorted sizes and tape;
new text end

new text begin (2) sterile compresses;
new text end

new text begin (3) elastic bandage wrap;
new text end

new text begin (4) scissors;
new text end

new text begin (5) ice bag or cold pack;
new text end

new text begin (6) digital thermometer;
new text end

new text begin (7) mild liquid soap or hand sanitizer;
new text end

new text begin (8) bottled water;
new text end

new text begin (9) disposable powder-free, latex-free gloves;
new text end

new text begin (10) face shield or protective barrier for giving CPR; and
new text end

new text begin (11) first aid instructions.
new text end

new text begin Subd. 10. new text end

new text begin Handling and disposal of bodily fluids. new text end

new text begin A license holder must comply with
the following procedures for safely handling and disposing of bodily fluids:
new text end

new text begin (1) surfaces that come in contact with urine, feces, vomit, and blood must be cleaned
and disinfected;
new text end

new text begin (2) blood-contaminated material must be disposed of in a plastic bag with a secure tie;
new text end

new text begin (3) sharp items used for a child with special care needs must be disposed of in a sharps
container. The sharps container must be stored out of reach of a child;
new text end

new text begin (4) the license holder must have bodily fluid disposal supplies in the center, including
disposable gloves, disposal bags, and eye protection; and
new text end

new text begin (5) each employee and volunteer must follow universal precautions to reduce the risk
of spreading infectious disease.
new text end

new text begin Subd. 11. new text end

new text begin Tobacco products, vaping, drugs, and alcohol use prohibitions. new text end

new text begin (a) A
license holder must comply with the drug and alcohol policy requirements in section 142B.10,
subdivision 1, paragraph (c), including ensuring that no employee, subcontractor, or volunteer
is under the influence of a chemical that impairs the individual's ability to provide services
or care.
new text end

new text begin (b) The possession or use of marijuana, products containing THC, alcohol, and illegal
drugs is prohibited on the premises of the program during operating hours, including all
indoor and outdoor licensed program environments and in any vehicles used by the program.
new text end

new text begin (c) The use of tobacco products, vaping devices, and electronic cigarettes is prohibited
indoors, in vehicles used by the program, and in outdoor areas where children are present.
new text end

new text begin (d) The license holder must post in a prominent location at the main entrance of the
center a notice stating that smoking is prohibited inside the building and in outdoor areas
where children are present.
new text end

Sec. 30.

new text begin [142H.30] ATTENDANCE RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Attendance records. new text end

new text begin A child care center must maintain documentation
of actual attendance for each child receiving care. The records must be accessible to the
commissioner during the program's hours of operation, be completed on the actual day of
attendance, and include:
new text end

new text begin (1) the first and last name of the child;
new text end

new text begin (2) the time of day that the child was dropped off; and
new text end

new text begin (3) the time of day that the child was picked up.
new text end

new text begin Subd. 2. new text end

new text begin Daily classroom tracking. new text end

new text begin (a) A license holder must ensure that program staff
track children in their classroom on a daily basis to ensure the center has an active roster
of children present in their classroom.
new text end

new text begin (b) Children must be tracked as they arrive in and depart from the classroom.
new text end

new text begin (c) Tracking must include the first and last name of each child.
new text end

new text begin (d) The classroom tracking documentation must remain with each group at all times
throughout the day including outdoor play, emergency evacuations, field trips, and when
groups are combined.
new text end

Sec. 31.

new text begin [142H.31] CLEANING, SANITIZING, AND DISINFECTING.
new text end

new text begin Subdivision 1. new text end

new text begin Products and procedures. new text end

new text begin Cleaning and disinfecting must be done in
accordance with policies, procedures, and products approved by the program's health
consultant as specified in section 142H.29, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Indoor and outdoor equipment. new text end

new text begin The indoor and outdoor space and equipment
of the program must be clean as defined in section 142H.01, subdivision 12.
new text end

new text begin Subd. 3. new text end

new text begin Pacifiers. new text end

new text begin Pacifiers must be labeled with each child's name or other individual
identifier and stored separately.
new text end

new text begin Subd. 4. new text end

new text begin Cleaning frequency. new text end

new text begin The license holder must develop and follow a cleaning
schedule that requires:
new text end

new text begin (1) cleaning and sanitizing food preparation areas, tables, high chairs, and food service
counters before and after each meal and snack. Sanitizing must be done by using an
Environmental Protection Agency-registered sanitizer or a bleach solution or by heating to
temperatures sufficient to destroy most germs, pursuant to guidelines from the commissioner
of health on infectious diseases in child care settings;
new text end

new text begin (2) cleaning and sanitizing items that have been inside a child's mouth or come into
contact with bodily fluids prior to being used by another child;
new text end

new text begin (3) cleaning sleeping equipment and bedding, including:
new text end

new text begin (i) washing bedding used by a child before being used by another child;
new text end

new text begin (ii) washing bedding used by the same child weekly or when soiled;
new text end

new text begin (iii) cleaning and disinfecting sleeping equipment used by a child before being used by
another child; and
new text end

new text begin (iv) cleaning and disinfecting sleeping equipment used by the same child weekly or
when soiled;
new text end

new text begin (4) cleaning toileting areas daily, including:
new text end

new text begin (i) emptying and disinfecting toilet training chairs after each use; and
new text end

new text begin (ii) disinfecting toilets and seats when soiled or at least daily; and
new text end

new text begin (5) emptying garbage cans and diaper receptacles on a daily basis and cleaning and
disinfecting the cans and receptacles as needed.
new text end

Sec. 32.

new text begin [142H.32] FOOD, DRINKING WATER, AND NUTRITION.
new text end

new text begin Subdivision 1. new text end

new text begin Food service license. new text end

new text begin (a) A license holder preparing, handling, and serving
food and washing food, utensils, and equipment on site must comply with the requirements
for food and beverage service establishments in chapter 157 and Minnesota Rules, chapter
4626, in addition to any applicable local health department requirements.
new text end

new text begin (b) Meals or snacks may be provided by an off-site, licensed food and beverage service
establishment.
new text end

new text begin (c) The center shall maintain on file a copy of the off-site food and beverage service
establishment's current license and the contract to provide food for the center.
new text end

new text begin (d) If the caterer only provides the food and it is the responsibility of the center to serve
the food, the center shall follow the requirements for food and beverage establishments in
Minnesota Rules, chapter 4626, in addition to any applicable local health department
requirements.
new text end

new text begin Subd. 2. new text end

new text begin Food. new text end

new text begin The license holder must ensure that meals and snacks are provided. The
license holder must supplement food provided by the parent if it does not meet USDA Child
and Adult Care Food Program (CACFP) nutritional requirements.
new text end

new text begin Subd. 3. new text end

new text begin Drinking water. new text end

new text begin (a) The center shall have a safe supply of drinking water
pursuant to section 142H.35.
new text end

new text begin (b) Drinking water must be available to children throughout the hours of operation and
offered at frequent intervals. Drinking water for children must be provided in single-service
drinking cups, in reusable water bottles, in reusable cups, or from drinking fountains
accessible to children.
new text end

new text begin (c) A license holder may provide drinking water to a child in a reusable water bottle or
reusable cup if the center develops and ensures implementation of a written policy that at
a minimum includes the following procedures:
new text end

new text begin (1) each day the water bottle or cup is used, the license holder shall clean the water bottle
or cup or allow the child's parent to bring the water bottle or cup home to clean it;
new text end

new text begin (2) a water bottle or cup shall be assigned to a specific child and labeled with the child's
first and last name;
new text end

new text begin (3) water bottles and cups shall be stored in a manner that reduces the risk of a child
using the wrong water bottle or cup; and
new text end

new text begin (4) a water bottle or cup shall be used only for water.
new text end

new text begin Subd. 4. new text end

new text begin Menus. new text end

new text begin The license holder must ensure:
new text end

new text begin (1) meals and snacks prepared or provided by the license holder or catered by a licensed
food and beverage caterer comply with the meal pattern and nutritional requirements
contained in the most current edition of the CACFP standards in Code of Federal Regulations,
title 7, section 226.20;
new text end

new text begin (2) menus comply with the meal pattern and nutritional requirements contained in the
most current edition of the CACFP standards in Code of Federal Regulations, title 7, section
226.20;
new text end

new text begin (3) the current menu is posted or made readily available to parents; and
new text end

new text begin (4) any food substitutions are noted on the menu at the time of the change.
new text end

new text begin Subd. 5. new text end

new text begin Sanitation. new text end

new text begin (a) Procedures for preparing, handling, storing, and serving food
and washing food, utensils, and equipment must comply with the requirements for food and
beverage establishments in Minnesota Rules, chapter 4626.
new text end

new text begin (b) If the food is prepared off site by another facility or if food service is provided
according to a contract with a food service provider, the facility or license holder must
ensure that food is prepared in compliance with Minnesota Rules, chapter 4626.
new text end

new text begin (c) The license holder must provide refrigeration for dairy products and other perishable
foods, whether supplied by the license holder or supplied by the parent. The refrigeration
must have a temperature of 41 degrees Fahrenheit or less.
new text end

new text begin Subd. 6. new text end

new text begin Meals and snacks. new text end

new text begin (a) The license holder must serve meals and snacks to
children as follows:
new text end

new text begin (1) one snack for a child in attendance for two to five hours;
new text end

new text begin (2) one meal and two snacks or two meals and one snack for a child in attendance for
five to ten hours;
new text end

new text begin (3) a minimum of two meals and two snacks for a child in attendance for more than ten
hours; and
new text end

new text begin (4) a minimum of three meals and two snacks for a child in attendance for more than 14
hours.
new text end

new text begin (b) Centers licensed as Night Care Programs under section 142H.16 must have meals
and snacks provided pursuant to section 142H.16, subdivision 5.
new text end

new text begin Subd. 7. new text end

new text begin Prescribed diet requirements. new text end

new text begin (a) If a child is unable to follow the CACFP
meal pattern requirements due to a diet-related medical condition, a prescribed diet
accommodation is required.
new text end

new text begin (b) The license holder must obtain documentation from the child's health care provider
about the child's special dietary needs and keep that information current. The license holder
must use this information to accommodate the child's dietary needs.
new text end

new text begin (c) When a license holder admits a child who requires a prescribed diet, the license
holder must ensure that an individual child care program plan is developed and maintained
in the child's record, pursuant to sections 142H.15, subdivision 3, and 142H.27.
new text end

new text begin (d) The license holder must provide for a child's prescribed dietary needs or require the
parent to provide the prescribed diet items that are not part of the center's menu plan.
new text end

new text begin Subd. 8. new text end

new text begin Cultural or religious diet accommodations. new text end

new text begin (a) When special diets are
requested for cultural or religious reasons, the center must obtain written, dated, and signed
instructions from the child's parent on how to accommodate the diet.
new text end

new text begin (b) The license holder must provide for a child's special diet for cultural or religious
reasons or require the parent to provide the food items that are not part of the center's menu
plan.
new text end

new text begin Subd. 9. new text end

new text begin Food allergy information. new text end

new text begin Information about food allergies of the children in
the center must follow the requirements in section 142H.15, subdivision 5.
new text end

new text begin Subd. 10. new text end

new text begin Infant food and feeding schedule. new text end

new text begin The diet and feeding schedule of an infant
must be determined by the infant's parent. The license holder of a center serving infants
must:
new text end

new text begin (1) obtain written dietary instructions from the parent of the child that are used to develop
the infant's feeding schedule and are updated as needed as the child's feeding needs change;
new text end

new text begin (2) have each individual infant's feeding schedule available in the food preparation area;
new text end

new text begin (3) offer the child formula or milk and nutritionally adequate solid foods in quantities
at specified time intervals as determined by the parent;
new text end

new text begin (4) ensure infants are held or fed sitting up for bottled feedings. A bottle must not be
propped at any time for an infant or fed to an infant in a crib, infant seat, or playpen;
new text end

new text begin (5) use sanitary procedures and practices to prepare, handle, and store formula, milk,
breast milk, solid foods, and supplements, including having procedures to ensure bottles
are matched to the correct infant. Procedures must be reviewed and certified by a health
consultant;
new text end

new text begin (6) not warm or heat bottles in a microwave;
new text end

new text begin (7) not allow children access to bottle-warming devices; and
new text end

new text begin (8) label all bottles, breast milk, or prepared parent-provided food with the child's first
and last name and date of preparation. All formula must be refrigerated immediately after
preparation or upon arrival if the formula is prepared by the parent.
new text end

new text begin Subd. 11. new text end

new text begin Additional requirements. new text end

new text begin (a) The center must serve food that is not a choking
hazard and that is developmentally appropriate in size, amount, and texture.
new text end

new text begin (b) Program staff must be seated with the children during meal and snack times.
new text end

Sec. 33.

new text begin [142H.33] TRANSPORTATION AND FIELD TRIP REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin A license holder that provides transportation for children
or that takes children off site must comply with the requirements in this section.
new text end

new text begin Subd. 2. new text end

new text begin Driver requirements. new text end

new text begin (a) A driver who transports children for a license holder
must:
new text end

new text begin (1) be at least 18 years old;
new text end

new text begin (2) hold a current and valid driver's license appropriate to the vehicle used to transport
children;
new text end

new text begin (3) have a copy of the driver's current driver's license on file at the center;
new text end

new text begin (4) be free from the influence of any substance that could impair driving abilities; and
new text end

new text begin (5) follow seat belt and child passenger restraint system requirements under sections
169.685 and 169.686.
new text end

new text begin (b) Parents who are not employed by the center who use personal vehicles for
transportation to occasional field trips do not have to meet the requirements of paragraph
(a), clause (3). For the purposes of this subdivision, "occasional" means three or fewer times
per calendar year.
new text end

new text begin Subd. 3. new text end

new text begin Requirements during transportation. new text end

new text begin (a) One program staff is required per
vehicle when transporting school-age children. Two program staff are required per vehicle
when transporting infants, toddlers, and preschoolers. An additional program staff person
is required in the vehicle if there are 12 or more infants and toddlers. The driver of the
vehicle is considered a program staff person, unless the driver is employed by a contractor
or third party.
new text end

new text begin (b) A two-way communication system and first aid kit must be present in the vehicle
during transportation.
new text end

new text begin (c) Once children have exited, the vehicle must be checked to ensure that no child has
been left in the vehicle.
new text end

new text begin (d) When the license holder provides transportation to and from the center, children
must not be transported more than one hour per one-way trip.
new text end

new text begin (e) When children board or exit the vehicle, the license holder must ensure that each
child safely boards and exits the vehicle from the curb side of the street whenever physically
possible and out of the path of moving vehicles.
new text end

new text begin (f) Drop off or pick up must be conducted in a safe manner with supervision by the
program staff responsible for the child.
new text end

new text begin Subd. 4. new text end

new text begin Field trip requirements. new text end

new text begin (a) For the purposes of this section, a field trip is
defined as any time the center takes children off the property, including routine outings
such as walking around the neighborhood. A center providing transportation for children
to and from the center is not considered a field trip.
new text end

new text begin (b) Staff-to-child ratios must be maintained on all field trips.
new text end

new text begin (c) Written permission must be obtained from each child's parent before taking a child
on a field trip. The written permission form must be obtained before each field trip or on a
form that yearly summarizes all field trips that will be taken. The permission forms must
be kept on file at the center.
new text end

new text begin (d) The parent's written permission form must include:
new text end

new text begin (1) the date and destination of the field trip;
new text end

new text begin (2) the times of departure from and return to the facility;
new text end

new text begin (3) the method of transportation; and
new text end

new text begin (4) if the method of transportation is walking, an estimated total distance of the walk.
new text end

new text begin (e) Unscheduled neighborhood walks may be taken, provided the program has obtained
advance written parental permission for the general plan for neighborhood walks.
new text end

new text begin (f) When centers take children on a walk or field trip, program staff must bring:
new text end

new text begin (1) a first aid kit as required under section 142H.29, subdivision 9;
new text end

new text begin (2) a child's allergy information as required under section 142H.15, including the
individual child care program plan;
new text end

new text begin (3) the name and telephone number of each child's parent and at least one emergency
contact person;
new text end

new text begin (4) medication and supplies needed for a child who has a health condition that could
need medication, special procedures, or precautions during the course of the trip; and
new text end

new text begin (5) a working cell phone or other means of immediate communication.
new text end

Sec. 34.

new text begin [142H.34] FACILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Occupancy designation. new text end

new text begin (a) At initial licensure, an applicant must
demonstrate compliance with the standards specified by the State Building Code and any
applicable local building ordinances.
new text end

new text begin (b) Prior to the child care facility being remodeled, substantially improved, renovated,
or reconstructed, the license holder must verify whether approval from the applicable state
or local building officials is needed. If needed, the license holder must obtain written
verification of compliance with the State Building Code and any applicable local building
ordinances.
new text end

new text begin Subd. 2. new text end

new text begin Fire inspection. new text end

new text begin (a) The center must be inspected by a fire marshal within 12
months prior to initial licensure. The commissioner must not grant an initial license until
receiving written approval of compliance with the State Fire Code from the fire marshal
with jurisdiction.
new text end

new text begin (b) The center must have a fire inspection at least once every five calendar years from
the date of the last fire inspection report. The fire inspection must include written approval
of compliance with the State Fire Code from the fire marshal with jurisdiction.
new text end

new text begin (c) Prior to the use of any areas of the structure not previously inspected and approved
for child care use, the center must:
new text end

new text begin (1) receive written confirmation from the state fire marshal that approval from the state
fire marshal is not needed; or
new text end

new text begin (2) conduct a fire inspection, which must include written approval of compliance with
the State Fire Code from the fire marshal with jurisdiction.
new text end

new text begin Subd. 3. new text end

new text begin Reinspection for cause. new text end

new text begin If the commissioner has reasonable cause to believe
that a potential hazard exists or the license holder is operating out of compliance with
applicable codes, the commissioner may request another inspection and written report by
a fire marshal, building official, or health authority.
new text end

new text begin Subd. 4. new text end

new text begin Facility floor plan and designated areas. new text end

new text begin (a) Indoor and outdoor space to be
used for child care must be designated on a facility floor plan.
new text end

new text begin (b) Space designated on a facility floor plan must be exclusively used for child care by
the center during the hours of operation.
new text end

new text begin (c) The initial application for licensure and the center's administrative record must contain
a floor plan of the center. Precise scale drawings are not required. The plan must indicate:
new text end

new text begin (1) the dimensions and location of all areas of the center designated for the provision of
child care including planned use of each area; and
new text end

new text begin (2) the size and location of areas used for outdoor activity.
new text end

new text begin Subd. 5. new text end

new text begin Child's personal storage space. new text end

new text begin A center must have storage space for each
child's clothing and personal belongings. The space must be at a height appropriate for the
age of the child.
new text end

new text begin Subd. 6. new text end

new text begin Space for children who become sick. new text end

new text begin (a) Space must be provided in the center
for a child who becomes sick at a center not licensed to operate a sick care program under
section 142H.19.
new text end

new text begin (b) The space must be separate from activity areas used by other children but may still
be within the classroom.
new text end

new text begin (c) A cot, mat, or crib and blanket must be provided as appropriate to the developmental
level of the child.
new text end

new text begin (d) The space must be supervised by a program staff person when occupied by a sick
child.
new text end

new text begin Subd. 7. new text end

new text begin Outdoor learning environment and play space. new text end

new text begin (a) A center must provide
or have available an outdoor activity area that complies with this subdivision in all child
care centers unless licensed to exclusively provide night care as specified under section
142H.16, licensed to provide drop-in care as specified under section 142H.17, licensed to
provide sick care as specified under section 142H.19, or operating for fewer than three hours
a day.
new text end

new text begin (b) A center must have an outdoor activity area of at least 1,500 square feet, and there
must be at least 75 square feet of space per child within the outdoor play area at any given
time during use.
new text end

new text begin (c) The outdoor activity area must be enclosed if it is located adjacent to a hazard,
including but not limited to traffic, rail, water, or machinery, unless the area is a public park
or playground.
new text end

new text begin (d) An outdoor activity area used daily by children under school age must be within
2,000 feet of the center or transportation must be provided by the license holder. In no case,
however, shall the outdoor activity area be farther than one-half mile from the center.
new text end

new text begin (e) The area must contain the outdoor equipment required under section 142H.14.
new text end

new text begin (f) The play area must be free of potential hazards, including but not limited to broken
glass, toxic materials, machinery, unlocked vehicles, feces, and sewage contaminants.
new text end

new text begin (g) An energy-absorbing surface is required under climbing equipment, swings, and
slides. An energy-absorbing surface can be loose sand, pea gravel, or mulch in a depth of
at least nine inches; any material that meets ASTM F1292 specifications; or shredded rubber
and poured energy-absorbing surfacing installed to manufacturer's specifications based on
the height of the equipment. A fall zone is required around the equipment.
new text end

new text begin (h) When a program utilizes natural features for outdoor play, program staff members
must remove hazardous objects as specified in subdivision 17 and mitigate hazards whenever
possible from the surrounding area where children might fall.
new text end

new text begin Subd. 8. new text end

new text begin Indoor space. new text end

new text begin A center must have a minimum of 35 square feet of indoor space
available per child in attendance. Hallways, stairways, closets, utility rooms, restrooms,
kitchens, and space occupied by cribs are not indoor space for the purposes of this
subdivision. Twenty-five percent of the space occupied by furniture or equipment used by
staff or children may be counted as indoor space.
new text end

new text begin Subd. 9. new text end

new text begin Shielding of hot surfaces. new text end

new text begin Heating appliances must be installed and maintained
in accordance with the manufacturer's instruction and the State Building Code. Radiators,
fireplaces, hot pipes, and other hot surfaces in areas used by children must be shielded or
insulated to prevent burns.
new text end

new text begin Subd. 10. new text end

new text begin Electrical outlets. new text end

new text begin Except in a center that serves only school-age children,
electrical outlets must be tamper proof or shielded when not in use.
new text end

new text begin Subd. 11. new text end

new text begin Water hazards. new text end

new text begin Bodies of water within or adjacent to the center must be
inaccessible to children. When using a pool or beach, children must be supervised at all
times.
new text end

new text begin Subd. 12. new text end

new text begin Room temperature. new text end

new text begin An indoor temperature of 68 degrees Fahrenheit to 82
degrees Fahrenheit must be maintained in all rooms used by children.
new text end

new text begin Subd. 13. new text end

new text begin Hazardous areas. new text end

new text begin Kitchens, stairs, and other hazardous areas must be
inaccessible to children except during periods of supervised use.
new text end

new text begin Subd. 14. new text end

new text begin Fire extinguisher inspection. new text end

new text begin Fire extinguishers must be serviced by a qualified
inspector at least once every 365 days. The name of the inspector and date of the inspection
must be written on a tag attached to the extinguisher.
new text end

new text begin Subd. 15. new text end

new text begin Toilet articles. new text end

new text begin As needed, a license holder must provide and make available
toilet paper, liquid hand soap, facial tissues, and single-use paper towels or warm air hand
dryers.
new text end

new text begin Subd. 16. new text end

new text begin Toilets and hand sinks. new text end

new text begin (a) The center must have at least one hand sink for
every 15 children in the center's licensed capacity.
new text end

new text begin (b) The center must have at least one toilet for every 15 children, excluding infants, in
the center's licensed capacity. Toilet training chairs may be used for toddlers in lieu of a
toilet.
new text end

new text begin (c) Handwashing sinks in centers must be provided within three feet of the diaper
changing surface. The sink must have hot and cold running water. In newly constructed
centers or those undergoing major remodeling to the plumbing system, foot- or wrist-operated
sinks must be provided in the diaper changing area.
new text end

new text begin (d) Any hand sink required for children other than infants must be in the toilet area. The
temperature of hot water in the hand sinks used by children must not exceed 120 degrees
Fahrenheit. Hand sinks for children must not be used for custodial work or food preparation,
including preparing infant bottles. Single-service towels or air dryers must be available to
dry hands and designed for easy use by children.
new text end

new text begin (e) Toilets, sinks, faucets, and hand-drying devices in the toilet area used by children
under school age other than infants must be placed at a height appropriate to the ages of the
children. A sturdy nonslip platform on which children may stand may be used to meet the
height requirement in this paragraph for toddlers and preschoolers.
new text end

new text begin (f) Plungers and toilet-cleaning devices must be inaccessible to children.
new text end

new text begin Subd. 17. new text end

new text begin Hazardous objects. new text end

new text begin (a) The license holder must prevent children from
accessing hazardous objects, including any item that could reasonably cause injury, choking,
poisoning, burning, cutting, or other harm to a child, or any item designated by the
manufacturer to be stored out of reach of children.
new text end

new text begin (b) Activities that are part of the program plan may include the use of hazardous objects
when supervised by program staff.
new text end

new text begin (c) Supplies and materials used by children must be labeled "nontoxic" by the
manufacturer.
new text end

new text begin Subd. 18. new text end

new text begin Telephone. new text end

new text begin (a) A working telephone that is capable of making outgoing calls
and receiving incoming calls must be located within the licensed child care center at all
times. The telephone must be accessible to staff as needed and be sufficiently charged for
use at all times.
new text end

new text begin (b) Program staff must have access to a working telephone while providing care and
supervision to children in care outside of the child care facility.
new text end

new text begin Subd. 19. new text end

new text begin Condition of equipment and furniture. new text end

new text begin (a) The license holder and program
staff must prevent children from accessing equipment, materials, and furnishings that are
unsafe, such as items that:
new text end

new text begin (1) are not developmentally appropriate for a child's age or size;
new text end

new text begin (2) have sharp corners or points;
new text end

new text begin (3) have openings that could entrap a child's body parts;
new text end

new text begin (4) have small parts that may detach and be choking, breathing, or swallowing hazards;
new text end

new text begin (5) have parts that can pinch, sheer, or crush body parts;
new text end

new text begin (6) are improperly or loosely anchored to the ground, including playground equipment;
new text end

new text begin (7) are a tripping hazard, such as curled, wrinkled, or unsecured rugs or electrical
extension cords; or
new text end

new text begin (8) are strangulation hazards, such as cords, straps, or strings.
new text end

new text begin (b) The license holder and program staff must remove or repair equipment, materials,
and furnishings that are worn, damaged, or in poor condition, including but not limited to
items with:
new text end

new text begin (1) loose, rusty, or cracked parts;
new text end

new text begin (2) rotted or split wood or plastic pieces that can cause splinters or other injuries;
new text end

new text begin (3) protruding nails, bolts, or other components that could cause injury;
new text end

new text begin (4) missing or damaged protective caps or plugs; and
new text end

new text begin (5) flaking paint or paint that may have lead or other hazardous materials.
new text end

new text begin Subd. 20. new text end

new text begin Animals. new text end

new text begin A license holder must:
new text end

new text begin (1) keep each animal housed in the program up to date on vaccines and maintain
documentation of vaccinations;
new text end

new text begin (2) notify parents prior to their child's enrollment of the presence of animals in the
program, before new animals are housed, and prior to any animals visiting the program;
new text end

new text begin (3) not let children handle animals without adult supervision; and
new text end

new text begin (4) notify the parent of a child whose skin is broken by an animal bite or scratch or who
is otherwise injured by an animal in writing of the injury.
new text end

new text begin Subd. 21. new text end

new text begin Pest control. new text end

new text begin (a) Effective measures must be taken to protect the center against
rodents and insects. If rodents, insects, or other pests are found, the license holder must take
steps to remove or exterminate them. Chemicals, baits, and traps for insect and rodent control
must not be used in areas accessible to children when children are present and must be used
according to the manufacturer's instructions.
new text end

new text begin (b) The use of chemicals to control weeds, rodents, insects, and other pests shall be
implemented only after other means have been used for control, such as eliminating
harborages, removing access to food, and sealing points of entry. These compounds shall
be used according to labeled instructions. If chemicals are used, the license holder must
notify the parents of enrolled children what pesticide will be applied and where it will be
applied no less than 48 hours before application, unless in cases of emergency. Only
approved, United States Environmental Protection Agency-registered insecticides,
rodenticides, and herbicides may be used. Application must strictly follow all label
instructions and must be authorized by the director.
new text end

new text begin Subd. 22. new text end

new text begin Posting license. new text end

new text begin A license holder must post the license in a clearly visible
place within the child care center that is accessible to parents and guardians.
new text end

Sec. 35.

new text begin [142H.35] ENVIRONMENTAL HEALTH.
new text end

new text begin Subdivision 1. new text end

new text begin Water supply. new text end

new text begin There must be a safe water supply in the child care center.
Child care centers that obtain water from privately owned wells or sources must test any
water used for cooking or drinking by a Department of Health-certified laboratory to verify
safety. License holders must follow the lead testing requirements in section 145.9273.
new text end

new text begin Subd. 2. new text end

new text begin Radon testing. new text end

new text begin (a) The license holder must notify parents whether radon testing
has been conducted in the program upon enrollment and within 30 days of any subsequent
testing done after enrollment.
new text end

new text begin (b) When notifying parents, the license holder must use a form prescribed by the
commissioner. The notice must include information from the Department of Health about
what radon is and the potential risks associated with radon exposure. If testing has been
completed, the notice must include:
new text end

new text begin (1) the date of the most recent test;
new text end

new text begin (2) the rooms or areas tested; and
new text end

new text begin (3) the detected radon level or levels, stated in picocuries per liter.
new text end

new text begin (c) A copy of the most recent notice to parents and the radon test results must be kept
on site and made available to parents and the commissioner upon request.
new text end

Sec. 36.

new text begin [142H.36] MALTREATMENT OF MINORS INTERNAL REVIEW.
new text end

new text begin If a license holder has reason to know that an internal or external report of alleged or
suspected maltreatment has been made, the license holder must:
new text end

new text begin (1) establish and maintain policies and procedures to ensure that an internal review is
completed within 30 calendar days and that corrective action is taken if necessary to protect
the health and safety of children in care. The review must include an evaluation of whether:
new text end

new text begin (i) related policies and procedures were followed;
new text end

new text begin (ii) the policies and procedures were adequate;
new text end

new text begin (iii) there is a need for additional staff training;
new text end

new text begin (iv) the reported event is similar to past events with the children or the services involved;
and
new text end

new text begin (v) there is a need for corrective action by the license holder to protect the health and
safety of children in care;
new text end

new text begin (2) develop, document, and implement a corrective action plan designed to correct any
current lapses and prevent future lapses in performance by individuals or the license holder,
based on the results of the review;
new text end

new text begin (3) identify the primary and secondary person or position who will ensure that, when
required, internal reviews are completed. The secondary person must be involved when
there is reason to believe that the primary person was involved in the alleged or suspected
maltreatment; and
new text end

new text begin (4) document and make internal reviews accessible to the commissioner immediately
upon the commissioner's request. For the purposes of this section, the documentation provided
to the commissioner by the license holder may consist of a completed checklist that verifies
completion of each of the requirements of the review.
new text end

Sec. 37.

Minnesota Statutes 2024, section 245A.211, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to all programs licensed or certified
under this chapter, chapters 142C, new text begin 142H, 142I, new text end 245D, 245F, 245G, and sections 245I.20
and 245I.23. The requirements in this section are in addition to any applicable requirements
for the use of holds or restraints for each license or certification type.

Sec. 38. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes must renumber Minnesota Statutes, section 142B.68, as
Minnesota Statutes, section 142H.37.
new text end

new text begin (b) The revisor of statutes must make any necessary changes to statutory cross-references
to reflect the changes in this article.
new text end

new text begin (c) The revisor of statutes shall replicate the statutory history for all sections and
subdivisions repealed and reenacted in this article.
new text end

Sec. 39. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Rules, parts 9503.0005; 9503.0010; 9503.0015; 9503.0030; 9503.0031;
9503.0032; 9503.0033; 9503.0034; 9503.0040; 9503.0045; 9503.0050; 9503.0055;
9503.0060; 9503.0065; 9503.0070; 9503.0075; 9503.0080; 9503.0085; 9503.0090;
9503.0095; 9503.0100; 9503.0105; 9503.0110; 9503.0115; 9503.0120; 9503.0125;
9503.0130; 9503.0140; 9503.0145; 9503.0150; 9503.0155; and 9503.0170, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2024, sections 142B.01, subdivisions 11, 12, 25, 26, and 27;
142B.41, subdivisions 6, 7, 10, 11, 12, and 13; 142B.54, subdivisions 1, 2, and 3; 142B.65,
subdivisions 1, 2, 3, 4, 5, 6, 7, and 10; and 142B.66, subdivisions 1, 2, 4, and 5, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2025 Supplement, sections 142B.65, subdivisions 8 and 9; and
142B.66, subdivision 3, new text end new text begin are repealed.
new text end

Sec. 40. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2027.
new text end

ARTICLE 2

FAMILY CHILD CARE LICENSING MODERNIZATION

Section 1.

new text begin [142I.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter, the terms in this section have
the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Accessible to children. new text end

new text begin "Accessible to children" means capable of being reached
or used by a child.
new text end

new text begin Subd. 3. new text end

new text begin Accredited. new text end

new text begin "Accredited" means a postsecondary institution or technical college
recognized and listed in the database of accredited postsecondary institutions and programs
maintained by the federal Department of Education.
new text end

new text begin Subd. 4. new text end

new text begin Adult. new text end

new text begin "Adult" means a person at least 18 years of age.
new text end

new text begin Subd. 5. new text end

new text begin Age categories. new text end

new text begin (a) "Newborn" means a child between birth and six weeks old.
new text end

new text begin (b) "Infant" means a child who is at least six weeks old but less than 12 months old.
new text end

new text begin (c) "Toddler" means a child who is at least 12 months old but less than 24 months old.
new text end

new text begin (d) "Preschooler" means a child who is at least 24 months old but less than five years
of age.
new text end

new text begin (e) "School age" means a child who is at least five years of age but is less than 11 years
of age.
new text end

new text begin Subd. 6. new text end

new text begin Agency. new text end

new text begin "Agency" means a county or multicounty social or human services
agency governed by a county board or a multicounty human services board.
new text end

new text begin Subd. 7. new text end

new text begin Annual or annually. new text end

new text begin "Annual" or "annually" means at least once each calendar
year.
new text end

new text begin Subd. 8. new text end

new text begin Applicant. new text end

new text begin "Applicant" has the same meaning as section 142B.01, subdivision
4.
new text end

new text begin Subd. 9. new text end

new text begin Behavior guidance. new text end

new text begin "Behavior guidance" means an ongoing process whereby
caregivers offer constructive, positive, and developmentally appropriate guidance to children
to help them manage their own behavior in a socially acceptable manner.
new text end

new text begin Subd. 10. new text end

new text begin Bodily fluid. new text end

new text begin "Bodily fluid" means urine, feces, vomit, blood, and other bodily
fluids with blood present.
new text end

new text begin Subd. 11. new text end

new text begin Building official. new text end

new text begin "Building official" means the person appointed pursuant to
section 326B.133 to administer the State Building Code or the building official's authorized
representative.
new text end

new text begin Subd. 12. new text end

new text begin Caregiver. new text end

new text begin "Caregiver" means the license holder, primary provider of care,
second adult caregiver, intermittent caregiver, helper, or substitute.
new text end

new text begin Subd. 13. new text end

new text begin Child. new text end

new text begin "Child" means a person receiving child care services who falls within
the age categories in subdivision 6.
new text end

new text begin Subd. 14. new text end

new text begin Child care. new text end

new text begin "Child care" means the care of a child in a licensed family child
care program. This includes the children of the license holder and any other caregivers in
the family child care program who receive child care during child care hours.
new text end

new text begin Subd. 15. new text end

new text begin Child with special health care needs or disabilities. new text end

new text begin "Child with special
health care needs or disabilities" means a child of child care age who:
new text end

new text begin (1) has developmental disabilities or is otherwise eligible for case management as
specified in Minnesota Rules, parts 9525.0004 to 9525.0036;
new text end

new text begin (2) has been identified by the local school district as a child with a disability as specified
in section 125A.02, subdivision 1; or
new text end

new text begin (3) has been determined by a health care provider as defined in subdivision 25.
new text end

new text begin Subd. 16. new text end

new text begin Clean. new text end

new text begin "Clean" means free from dirt or other contaminants that can be detected
by sight, smell, or touch.
new text end

new text begin Subd. 17. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of children, youth,
and families.
new text end

new text begin Subd. 18. new text end

new text begin Community-based family child care program. new text end

new text begin "Community-based family
child care program" means a family child care program that operates at a location other than
the primary residence of the license holder.
new text end

new text begin Subd. 19. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Children, Youth, and
Families.
new text end

new text begin Subd. 20. new text end

new text begin Disinfect. new text end

new text begin "Disinfect" means the chemical process to kill most germs and
viruses on surfaces and objects after the surfaces and objects have been cleaned.
new text end

new text begin Subd. 21. new text end

new text begin Emergency replacement. new text end

new text begin "Emergency replacement" means an adult who
supervises children in a family child care program due to an emergency and who has not
completed the training requirements under this chapter or the background study requirements
under chapter 245C.
new text end

new text begin Subd. 22. new text end

new text begin Family child care program. new text end

new text begin "Family child care program" means a child care
program not excluded from licensure by section 142B.05, subdivision 2, operating from the
license holder's residence or other approved space that serves up to 18 children and is
provided for less than 24 hours a day.
new text end

new text begin Subd. 23. new text end

new text begin Fire marshal. new text end

new text begin "Fire marshal" means the person designated by section 299F.011
to administer and enforce the State Fire Code or a local fire code inspector approved by the
fire marshal.
new text end

new text begin Subd. 24. new text end

new text begin Hazardous materials. new text end

new text begin "Hazardous materials" means any item that could
reasonably cause injury, choking, poisoning, burning, cutting, or other harm to a child, or
any item designated by the manufacturer to be stored out of reach of children.
new text end

new text begin Subd. 25. new text end

new text begin Health care provider. new text end

new text begin "Health care provider" means a physician or physician's
assistant licensed to practice medicine under chapter 147; an advanced practice registered
nurse licensed under section 148.171; or a licensed psychiatrist, licensed psychologist, or
licensed consulting psychologist.
new text end

new text begin Subd. 26. new text end

new text begin Helper. new text end

new text begin "Helper" means a minor, 14 through 17 years of age, who assists an
adult caregiver with the care of children.
new text end

new text begin Subd. 27. new text end

new text begin Inaccessible to children. new text end

new text begin "Inaccessible to children" means not capable of
being reached or utilized by a child without the aid of an adult.
new text end

new text begin Subd. 28. new text end

new text begin Intermittent caregiver. new text end

new text begin "Intermittent caregiver" means an adult who cares
for children in a licensed family child care program alongside another adult caregiver for
a cumulative total of no more than 500 hours annually.
new text end

new text begin Subd. 29. new text end

new text begin License. new text end

new text begin "License" has the meaning given in section 142B.01, subdivision
16.
new text end

new text begin Subd. 30. new text end

new text begin License holder. new text end

new text begin "License holder" has the meaning given in section 142B.01,
subdivision 17, for a family child care program.
new text end

new text begin Subd. 31. new text end

new text begin Licensed capacity. new text end

new text begin "Licensed capacity" means the total number of children
ten years of age or younger permitted at any one time on the premises of a family child care
program. All children ten years of age or younger on the premises count toward the capacity
of the family child care program.
new text end

new text begin Subd. 32. new text end

new text begin Medication. new text end

new text begin "Medication" means any substance or preparation that is used
to prevent or treat a wound, injury, infection, or disease; maintain health; heal; or relieve
pain, including substances purchased over the counter or prescribed by a health care provider
or dentist. Medication includes substances taken internally or applied externally.
new text end

new text begin Subd. 33. new text end

new text begin Owner or renter. new text end

new text begin "Owner" or "renter" means the individual, individuals,
organization, or government entity listed in the property title, deed, lease, or equivalent
legal document.
new text end

new text begin Subd. 34. new text end

new text begin Parent. new text end

new text begin "Parent" means a person who has the legal responsibility for a child,
such as the child's mother, father, or legally appointed guardian.
new text end

new text begin Subd. 35. new text end

new text begin Pests. new text end

new text begin "Pests" means any animals, insects, or other living creatures that are
not housed within the licensed family child care program and are considered harmful or
detrimental to the health, safety, and well-being of individuals within a family child care
program. This includes but is not limited to ants, cockroaches, bedbugs, bats, or other
harmful wildlife.
new text end

new text begin Subd. 36. new text end

new text begin Pets. new text end

new text begin "Pets" means all animals housed at the licensed family child care program
or that have contact with children.
new text end

new text begin Subd. 37. new text end

new text begin Premises. new text end

new text begin "Premises" means the indoor and outdoor space in which a family
child care program is located.
new text end

new text begin Subd. 38. new text end

new text begin Primary provider of care. new text end

new text begin "Primary provider of care" means the person
responsible for providing care to children during the hours of operation and operating a
family child care program in compliance with all applicable laws and regulations under this
chapter and chapters 142B and 245C. All individual license holders are primary providers
of care, as are individuals designated under section 142I.22, paragraph (f).
new text end

new text begin Subd. 39. new text end

new text begin Radon testing. new text end

new text begin "Radon testing" means the measurement of radon gas levels
in the indoor air of the building.
new text end

new text begin Subd. 40. new text end

new text begin Related. new text end

new text begin "Related" means any of the following relationships by marriage,
blood, or adoption: a spouse, a parent, an adoptive parent, a birth or adopted child or
stepchild, a stepparent, a stepbrother, a stepsister, a niece, a nephew, a grandparent, a
grandchild, a sibling, an aunt, an uncle, or a legal guardian.
new text end

new text begin Subd. 41. new text end

new text begin Second adult caregiver. new text end

new text begin "Second adult caregiver'' means an adult who cares
for children in the licensed family child care program for a cumulative total of more than
500 hours annually along with the primary provider of care or substitute caregiver.
new text end

new text begin Subd. 42. new text end

new text begin Separation. new text end

new text begin "Separation" is a form of behavior guidance that involves
interruption of unacceptable behavior by the removal of a child from a situation with the
intention of allowing the child an opportunity to pause and gain self-control. During a
separation a child is not allowed to participate in activities with other children.
new text end

new text begin Subd. 43. new text end

new text begin State Building Code. new text end

new text begin "State Building Code" means the codes and regulations
adopted by the commissioner of administration pursuant to section 326B.107 and contained
in Minnesota Rules, chapter 1300.
new text end

new text begin Subd. 44. new text end

new text begin State Fire Code. new text end

new text begin "State Fire Code" means the codes and regulations adopted
by the state fire marshal pursuant to section 299F.011 and contained in Minnesota Rules,
chapter 7511.
new text end

new text begin Subd. 45. new text end

new text begin Substitute. new text end

new text begin "Substitute" means an adult who is responsible for the duties of
a primary provider of care when the primary provider of care is not present at the program.
A substitute may not provide care for more than 500 hours per calendar year.
new text end

new text begin Subd. 46. new text end

new text begin Supervision. new text end

new text begin "Supervision" means:
new text end

new text begin (1) caregivers must be within sight or hearing of newborns, infants, toddlers, and
preschoolers at all times and must intervene in an effort to protect the health and safety of
the child. Electronic monitoring devices can only be used to monitor infants, toddlers, and
preschoolers when they are asleep;
new text end

new text begin (2) for a school-age child, a caregiver is available for assistance and care without the
aid of a mechanical or electronic device so that the child's health and safety is protected;
and
new text end

new text begin (3) the caregiver has an awareness of and responsibility for the activity of each child
and is near enough to respond and reach children immediately, including responding to the
child's basic needs and intervening to protect them from harm.
new text end

new text begin Subd. 47. new text end

new text begin Variance. new text end

new text begin "Variance" means written permission from the department pursuant
to the requirements in section 142B.10, subdivision 16, for a license holder or applicant to
depart from a specific requirement in this chapter or chapter 142B.
new text end

Sec. 2.

new text begin [142I.02] LICENSING OF PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of this chapter is to establish procedures and
standards for licensing family child care and community-based family child care programs
to ensure that minimum standards of care and service are given and the protection, care,
health, safety, and development of the children are assured.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin A family child care program must be licensed under this chapter
and chapter 142B to operate in Minnesota.
new text end

Sec. 3.

new text begin [142I.03] LICENSING PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin License application. new text end

new text begin (a) An applicant for a family child care license
must follow the requirements of this section and section 142B.10.
new text end

new text begin (b) License applicants must use the application issued by the department. The application
must be made in the county where the family child care program will operate.
new text end

new text begin (c) Applicants must be the proposed license holders of the family child care program.
new text end

new text begin (d) An application for licensure is complete and ready for the agency's review after the
applicant completes, signs, and submits all department forms and documentation needed
for licensure to the agency and the agency receives all inspection, zoning, evaluation, and
investigative reports, documentation, and information required to verify compliance with
this chapter and applicable statutes, including a completed background study for individuals
subject to a study, as required under chapter 245C.
new text end

new text begin Subd. 2. new text end

new text begin Licensing study. new text end

new text begin (a) The applicant or license holder must give the agency
access to the family child care program for a licensing study to determine compliance with
all applicable rules and statutes.
new text end

new text begin (b) If the commissioner determines a potentially hazardous condition exists due to
noncompliance with this chapter or local ordinances, the applicant must obtain an inspection
from a fire marshal, building official, or authorized community health board agent under
section 145A.04 to verify the absence of hazard or identify needed corrections. Any condition
cited as hazardous and creating an immediate danger of fire or threat to life or safety must
be corrected, or a variance approved under subdivision 4, before a license is issued.
new text end

new text begin (c) An applicant must undergo an initial inspection of the family child care program by
a fire marshal to determine compliance with the State Fire Code and compliance with orders
issued if the program:
new text end

new text begin (1) has freestanding solid-fuel-heating appliances;
new text end

new text begin (2) will operate in a manufactured or mobile home;
new text end

new text begin (3) will use a basement for child care;
new text end

new text begin (4) is located in mixed- or multiple-occupancy buildings. For the purposes of this clause,
"mixed-occupancy building" means a structure that contains nonresidential occupancies,
such as an attached garage, and "multiple-occupancy building" means a structure with two
or more residential dwelling units, such as a duplex, apartment building, or townhome; or
new text end

new text begin (5) is located in a commercial space.
new text end

new text begin Subd. 3. new text end

new text begin Ineligibility factors. new text end

new text begin An applicant, license holder, or any other person residing
where the family child care program operates, present during the hours children are in care,
or working with children must not:
new text end

new text begin (1) abuse prescribed or nonprescribed drugs or use alcohol or controlled substances
specified in chapter 152 to the extent that the use or abuse has or may have a negative effect
on the ability of the license holder or primary provider of care to give care or is apparent
during the hours of operation. Caregivers who have abused prescribed or nonprescribed
drugs or have been dependent on alcohol or controlled substances specified in chapter 152,
such that the use, abuse, or dependency has had a negative effect on the ability to give care,
was apparent during the hours of operation, or required treatment or therapy, must have 12
months of verified abstinence before licensure;
new text end

new text begin (2) have had a child placed in foster care within the prior 12 months for reasons that the
agency determines reflect on the ability of the license holder or the primary provider of care
to safely provide family child care. This clause does not apply if the primary reason for the
placement was due to a physical illness of the parent due to a disability of the child, including
developmental disability of the child; or for the temporary care of a newborn or infant being
relinquished for adoption;
new text end

new text begin (3) have had a child placed in a residential facility within the prior 12 months for reasons
that the agency determines reflect on the ability of the license holder or the primary provider
of care to safely provide family child care; or
new text end

new text begin (4) exhibit behavior that could pose a risk to children being served in the family child
care program. Additional assessments or documentation may be requested to determine the
impact on the provider's ability to provide care.
new text end

new text begin Subd. 4. new text end

new text begin Variances. new text end

new text begin The commissioner may grant variances to this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Posting license. new text end

new text begin The license holder must post the license in the family child
care program in a location where parents, visitors, and authorized representatives of the
commissioner can easily access and view the license.
new text end

new text begin Subd. 6. new text end

new text begin Change in license terms. new text end

new text begin A license holder must submit a new application form
in accordance with section 142B.10 before:
new text end

new text begin (1) relocating the family child care program;
new text end

new text begin (2) changing the type of license from class A, C1, or C2 to C3 or C4;
new text end

new text begin (3) changing the type of license from class C3 or C4 to A, C1, or C2;
new text end

new text begin (4) changing from family child care to community-based family child care; or
new text end

new text begin (5) changing from community-based family child care to family child care.
new text end

new text begin Subd. 7. new text end

new text begin Number of licenses. new text end

new text begin Each individual applicant is limited to one family child
care license.
new text end

new text begin Subd. 8. new text end

new text begin Access to program. new text end

new text begin As required in section 142B.10, subdivision 12, caregivers
must give authorized representatives of the commissioner access to the family child care
program premises during the hours of operation.
new text end

new text begin Subd. 9. new text end

new text begin Return of license to commissioner. new text end

new text begin When a family child care program is
closed, or if a license is revoked, suspended, or not renewed, the license holder must destroy
the license within 14 days of ceasing operation or immediately upon the final order of
revocation, denial, or suspension of license; stop all advertising; and refrain from providing
care to children as required in section 142B.05, subdivision 1.
new text end

new text begin Subd. 10. new text end

new text begin Local government authority. new text end

new text begin The authority of local units of government to
establish requirements for family child care programs is limited by section 299F.011,
subdivision 4a, paragraph (a), clauses (1) and (2).
new text end

new text begin Subd. 11. new text end

new text begin Background studies. new text end

new text begin All individuals subject to a background study must
comply with the requirements of chapter 245C.
new text end

new text begin Subd. 12. new text end

new text begin Child care license holder insurance. new text end

new text begin (a) The license holder must complete
and provide to parents a form prescribed by the commissioner that includes information
about the license holder's liability insurance status. The license holder must update the form
and obtain each parent's signature whenever insurance coverage changes, a policy lapses,
or a new policy takes effect.
new text end

new text begin (b) The form under this subdivision must include the date of the policy's expiration or
renewal or indicate if the license holder does not carry liability insurance.
new text end

new text begin (c) A copy of the current certificate of liability insurance must be made available upon
request to parents, the commissioner, and agency licensing staff.
new text end

Sec. 4.

new text begin [142I.04] AGENCY RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Agency records. new text end

new text begin An agency must maintain the following records for
each license holder:
new text end

new text begin (1) a copy of the completed licensing application form signed by the applicant and the
agency;
new text end

new text begin (2) a physical health report on any adult caregiver that was submitted prior to giving
care in the family child care program. The physical health report must verify that the adult
caregiver is physically able to care for children;
new text end

new text begin (3) any written reports from a fire marshal, building official, or agent of a community
health board authorized under chapter 145A;
new text end

new text begin (4) if the applicant has been licensed through another jurisdiction, a reference from the
licensing authority in that jurisdiction;
new text end

new text begin (5) the initial and annual inspection by the agency of the license holder. Any comments
of the license holder about the inspections by the agency must also be noted in the agency
record;
new text end

new text begin (6) a copy of the notification to parents prior to admission of the presence of pets in the
residence and documentation as required in section 142I.19, subdivision 4;
new text end

new text begin (7) documentation of any variance requests and the approval or denial of the request in
accordance with section 142I.03; and
new text end

new text begin (8) the results of each background study required under chapter 245C.
new text end

new text begin Subd. 2. new text end

new text begin Data privacy. new text end

new text begin The agency, commissioner, and authorized agent as defined in
section 142B.01, subdivision 5, must have access to license holder records on children in
care to determine compliance with this chapter. The license holder and all caregivers must
maintain the privacy of records on children by refraining from discussing or disclosing any
records, including electronic records, or information on children in care to any persons other
than the parent of the child, the agency, the commissioner, and medical or public safety
persons if the information is necessary to protect the health and safety of the child.
new text end

Sec. 5.

new text begin [142I.05] REPORTING TO AGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Maltreatment, abuse, and neglect reporting. new text end

new text begin All caregivers who suspect,
know, or have reason to believe a child is being or has been maltreated under section 260E.03,
subdivision 12, must immediately report the information to the local welfare agency, agency
responsible for assessing or investigating the report, police department, county sheriff,
Tribal social services agency, or Tribal police as required by chapter 260E.
new text end

new text begin Subd. 2. new text end

new text begin Other reporting. new text end

new text begin Primary providers of care must notify the agency:
new text end

new text begin (1) prior to anyone moving into the residence where family child care services are
provided. A background study must be completed in accordance with section 245C.13,
subdivision 2;
new text end

new text begin (2) within ten calendar days after a household member has moved out of the residence
where family child care services are provided;
new text end

new text begin (3) before a new caregiver provides direct contact services for the first time, unless an
individual is acting as an emergency replacement as defined in section 142I.01, subdivision
21, and according to section 142I.09, subdivision 2;
new text end

new text begin (4) of any damage to the premises that may affect compliance with this chapter or any
incident at the premises that results in the loss of utility services, within 24 hours after the
occurrence;
new text end

new text begin (5) within 24 hours after the occurrence of any serious injury, head injury, or
hospitalization of a child in care. For the purposes of this clause, "serious injury" means an
injury that reasonably requires the care of a health care provider or dentist; and
new text end

new text begin (6) of an animal bite within 24 hours of occurrence in accordance with section 142I.19,
subdivision 4.
new text end

Sec. 6.

new text begin [142I.06] ADMISSIONS; RECORDS; REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Admission and ongoing information. new text end

new text begin (a) Prior to admission of a child
and regularly while the child is enrolled, the primary provider of care and parents shall
discuss family child care program policies and licensing requirements.
new text end

new text begin (b) The license holder shall not disclose a child's record to any person other than the
child, the child's parent or guardian, the child's legal representative, employees of the license
holder, and the agency unless the child's parent or guardian has given written consent or as
otherwise required by law.
new text end

new text begin Subd. 2. new text end

new text begin Statutory summary for parents. new text end

new text begin A descriptive summary of this chapter must
be distributed to the parent by the license holder at the time a child is admitted to care. The
summary must be provided by the department to the county licensing agencies for distribution
to the license holder and must:
new text end

new text begin (1) state that this chapter and chapter 142B govern the licensing of family child care
programs;
new text end

new text begin (2) specify the section headings contained in this chapter; and
new text end

new text begin (3) state that a complete copy of this chapter can be found at the family child care
program, agency, department, or State Law Library or through the revisor of statutes website.
new text end

new text begin Subd. 3. new text end

new text begin Parental access. new text end

new text begin A parent who has enrolled a child must be allowed access to
their child and the licensed space at any time while the child is in care unless a court order
or other legal documentation restricts access. A copy of the order or other legal
documentation must be kept in the child's record at the family child care program.
new text end

new text begin Subd. 4. new text end

new text begin Attendance records. new text end

new text begin A license holder must maintain documentation of actual
attendance for each child receiving care for a minimum of five years. The records must be
accessible to the commissioner during the family child care program's hours of operation,
must be completed on the actual day of attendance, and must include:
new text end

new text begin (1) the first and last name of the child;
new text end

new text begin (2) the time of day that the child was dropped off; and
new text end

new text begin (3) the time of day that the child was picked up.
new text end

new text begin Subd. 5. new text end

new text begin License holder policies. new text end

new text begin (a) The license holder shall follow and monitor
implementation of the policies and procedures by all caregivers as required in section
142B.10, subdivision 21.
new text end

new text begin (b) The license holder must have the following written policies available for discussion
with parents and the commissioner and provide an electronic or hard copy to the parent at
the time of admission or upon request. The policies must include, at a minimum:
new text end

new text begin (1) program operation policies, including:
new text end

new text begin (i) the ages and numbers of children the family care program is licensed to serve;
new text end

new text begin (ii) the hours and days of operation, including plans for holiday closings, personal time,
and policies for inclement weather closings;
new text end

new text begin (iii) fees, including payment schedule, overtime charges, and registration fees as
applicable;
new text end

new text begin (iv) parental access to the family child care program that states a parent who enrolls a
child must be allowed access to the child and the licensed space at any time while the child
is in care;
new text end

new text begin (v) nondiscrimination practices to comply with section 142I.21;
new text end

new text begin (vi) the termination of child care and expulsion notice procedures; and
new text end

new text begin (vii) the use of a helper, a substitute for personal leave or holidays, and an emergency
substitute according to the licensing requirements in section 142I.09;
new text end

new text begin (2) health and safety policies, including on:
new text end

new text begin (i) allergy prevention and response;
new text end

new text begin (ii) the administration and storage of medication and topical products, including
sunscreen;
new text end

new text begin (iii) the care of ill children, isolation precautions, symptoms for discharge and return,
immunizations, medicine permission policies, and whether the license holder will care for
an ill child;
new text end

new text begin (iv) disease notification procedures, including notifying the parents of exposed children
within 24 hours of a parent or caregiver notifying the license holder of a reportable disease
under section 142I.19, subdivision 9. The notice must be posted in a clearly visible, accessible
place or provided individually to each parent of a child who was exposed;
new text end

new text begin (v) meals, snacks, infant formula, breast milk, and supplemental foods to be provided,
including labeling requirements for food brought from the child's home;
new text end

new text begin (vi) sleeping and resting arrangements;
new text end

new text begin (vii) emergency procedures, fire and storm plans, and transportation in an emergency,
including whether parent permission is required;
new text end

new text begin (viii) how the license holder prevents abuse of prescription medication or being in any
manner under the influence of a chemical that impairs the individual's ability to provide
services or care as required by section 142B.10, subdivision 1, paragraph (c); and
new text end

new text begin (ix) firearms at the residence in accordance with section 142I.19, subdivision 7; and
new text end

new text begin (3) program environment policies, including:
new text end

new text begin (i) behavior guidance and discipline;
new text end

new text begin (ii) field trips, including by foot, and whether parent permission is required;
new text end

new text begin (iii) the presence of pets in the family child care program, including notification prior
to the introduction of a new pet to the program;
new text end

new text begin (iv) the use of screen time; and
new text end

new text begin (v) the use of social media, images, and video in accordance with subdivision 7.
new text end

new text begin Subd. 6. new text end

new text begin Records for each child. new text end

new text begin (a) The license holder must obtain the records in this
subdivision from parents prior to the admission of a child. The license holder must keep
this information up to date and on file for each child. The information must be reviewed at
least annually by the parent and updated when information changes.
new text end

new text begin (b) The license holder must maintain the signed and completed admission and
arrangements form that is prescribed by the commissioner and the completed enrollment
form that is developed and approved by the commissioner.
new text end

new text begin (c) Immunization records must be kept in accordance with section 121A.15 and Minnesota
Rules, chapter 4604. The license holder must request, update, and keep on file the dates of
immunizations received for each child prior to enrollment and updated:
new text end

new text begin (1) for an infant, every six months;
new text end

new text begin (2) for a toddler, annually;
new text end

new text begin (3) for a preschool child, every 18 months; and
new text end

new text begin (4) for a school-age child, every three years.
new text end

new text begin (d) The license holder must obtain signed written consent in advance from the parent
so the license holder can obtain emergency medical care or treatment. The consent may be
used if the parent cannot be reached or is delayed in arriving.
new text end

new text begin (e) A license holder must release a child from care only to a parent or other person
authorized in writing by the parent. The information must be reviewed at least annually by
the parent and updated when information changes.
new text end

new text begin Subd. 7. new text end

new text begin Social media, images, and video sharing. new text end

new text begin Sharing of photos, videos, or other
personal identifying information of the enrolled children by caregivers must be limited to
providing updates to the parents who have given written consent. If a license holder wishes
to use photos or videos of the family child care program and the enrolled children for
promotional or publicity purposes, including on social media accounts or public digital
platforms, the license holder must obtain written consent from parents prior to use. Photos,
videos, and other personal identifying information of the enrolled children must be shared
with the commissioner upon request.
new text end

new text begin Subd. 8. new text end

new text begin Nondiscrimination. new text end

new text begin A caregiver is prohibited from discriminating in relation
to enrollment in their program based on race, color, creed, religion, national origin, sex,
gender identity, marital status, disability, sexual orientation, or familial status.
new text end

Sec. 7.

new text begin [142I.07] CAPACITY AND RATIOS.
new text end

new text begin Subdivision 1. new text end

new text begin Capacity limits. new text end

new text begin License holders must be licensed for the total number
of children ten years of age or younger who are present on the premises of the family child
care program at any one time during child care hours, including the caregiver's own children
and foster children.
new text end

new text begin Subd. 2. new text end

new text begin Capacity, ratios, and age distribution restrictions. new text end

new text begin (a) The commissioner
shall issue licenses based on the capacity and ratios in this subdivision.
new text end

new text begin (b) License holders with a class A license must meet the following requirements:
new text end

new text begin Class new text end	new text begin Capacity new text end	new text begin Minimum Adult Caregivers new text end	new text begin Maximum Children Under School Age new text end	new text begin Maximum Total Infants and Toddlers new text end	new text begin Maximum Infants new text end
new text begin A new text end	new text begin 10 new text end	new text begin 1 new text end	new text begin 6 new text end	new text begin 3 new text end	new text begin 2 new text end

new text begin (c) License holders with a class C license must meet the following requirements:
new text end

new text begin Class new text end	new text begin Capacity new text end	new text begin Minimum Adult Caregivers new text end	new text begin Maximum Children Under School Age new text end	new text begin Maximum Total Infants and Toddlers new text end	new text begin Maximum Infants new text end
new text begin C1 new text end	new text begin 10 new text end	new text begin 1 new text end	new text begin 8 new text end	new text begin 4 new text end	new text begin 2 new text end
new text begin C2 new text end	new text begin 12 new text end	new text begin 1 new text end	new text begin 10 new text end	new text begin 3 new text end	new text begin 1 new text end
new text begin C3 new text end	new text begin 14 new text end	new text begin 2 new text end	new text begin 10 new text end	new text begin 6 new text end	new text begin 4 new text end
new text begin C4 new text end	new text begin 18 new text end	new text begin 2 new text end	new text begin 12 new text end	new text begin 5 new text end	new text begin 2 new text end

new text begin Subd. 3. new text end

new text begin Newborn care. new text end

new text begin When a newborn is in care and only one adult caregiver is
present, the newborn must be the only child under 12 months of age present, and the license
holder must not care for more than two other children at the same time unless the newborn
is the license holder's child. When a second adult caregiver is also present or the newborn
is the child of the license holder, then the newborn is considered an infant for the purposes
of child-to-adult ratios and age distribution restrictions.
new text end

new text begin Subd. 4. new text end

new text begin Supervision, primary provider of care, and use of substitutes. new text end

new text begin (a) Children
in care must be supervised by an adult caregiver. The caregiver must have knowledge of
each child's needs, including but not limited to developmental and behavioral needs and
parental preferences, and be accountable for each child's care at all times. A license holder
or the primary provider of care must be the primary caregiver in the licensed family child
care program unless a substitute is being used in accordance with section 142I.09. A helper
may be used in place of a second adult caregiver when there is no more than one newborn,
infant, or toddler present.
new text end

new text begin (b) The use of a substitute caregiver must be in accordance with section 142I.09.
new text end

new text begin (c) A caregiver must be within sight or hearing of newborns, infants, toddlers, and
preschoolers at all times without the use of monitoring devices, except as provided in section
142I.18.
new text end

new text begin Subd. 5. new text end

new text begin Overnight care. new text end

new text begin Whenever a family child care program has a child in care after
11 p.m. or before 5 a.m.:
new text end

new text begin (1) all caregivers must remain awake and available to respond to children's needs;
new text end

new text begin (2) all awake children must be given the opportunity to engage in age-appropriate
activities in a separate room away from sleeping children; and
new text end

new text begin (3) the child care emergency plan must include a plan tailored to sleeping children.
new text end

new text begin Subd. 6. new text end

new text begin Class C licenses. new text end

new text begin (a) Except in emergencies, the program must operate at the
level of exit discharge if there are six or more children present under the age of 30 months.
For class C4 licenses, the program must always operate at the level of exit discharge.
new text end

new text begin (b) A family child care program with a class C license may operate as a lower C-class
level family child care program on days when the adult-to-child ratios allow it to operate
at a lower capacity.
new text end

new text begin Subd. 7. new text end

new text begin Care of the license holder's own child or children. new text end

new text begin (a) With the license
holder's consent, an individual may be present in the licensed space and care for the family
child care license holder's own child both inside and outside of the licensed space and is
exempt from the training and supervision requirements of section 142I.10 if the individual:
new text end

new text begin (1) is related to the license holder or to the license holder's child, as defined in section
142I.01, subdivision 40, or is a household member who the license holder has reported to
the county agency;
new text end

new text begin (2) is not a designated caregiver, helper, or substitute for the licensed family child care
program at the time that they are supervising the license holder's own child;
new text end

new text begin (3) is involved only in the care of the license holder's own child; and
new text end

new text begin (4) does not have direct, unsupervised contact with any nonrelative children in care.
new text end

new text begin (b) If the individual in paragraph (a) is not a household member, the individual is also
exempt from background study requirements under chapter 245C.
new text end

new text begin (c) Where a license holder or a caregiver is also a parent providing care to their own
child in the family child care program, the commissioner must take into consideration the
parent's right to direct the care, custody, and control of their child when enforcing the
provisions of this chapter.
new text end

new text begin (d) Notwithstanding paragraph (c), licensed family child care programs with license
holders or caregivers providing care to their own child are not exempt from the capacity,
ratio, and age distribution requirements under this section. License holders and caregivers
remain subject to chapters 260E and 609 and other applicable statutes and rules.
new text end

Sec. 8.

new text begin [142I.08] QUALIFICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Age. new text end

new text begin An applicant for a family child care license must be an adult at the
time of application.
new text end

new text begin Subd. 2. new text end

new text begin Physical and behavioral health. new text end

new text begin (a) An adult caregiver must be physically
and mentally able to care for children. An applicant or primary provider of care must provide
documentation to the agency along with the license application verifying that the applicant
has had a physical examination by a licensed physician, advanced practice registered nurse,
or physician assistant within 12 months prior to the application for initial licensure and that
the applicant or primary provider of care is physically able to care for children. Prior to
assisting in the care of children, the applicant must also provide documentation verifying
that any adult caregiver has had a physical examination by a licensed physician, advanced
practice registered nurse, or physician assistant within the past 12 months and is physically
able to care for children.
new text end

new text begin (b) The commissioner may require the primary provider of care or other caregiver to
provide reports on the individual's physical or mental health from a health care provider
when there is reason to believe that an individual exhibits physical or mental health symptoms
that could impair the individual's ability to ensure the health and safety of children. The
reports must not be used for any other purpose than to determine whether the individual's
physical or mental health impacts the health and safety of children.
new text end

new text begin Subd. 3. new text end

new text begin Additional class C3 and C4 license requirements. new text end

new text begin (a) An applicant or primary
provider of care receiving a class C3 or C4 license must have at least one of:
new text end

new text begin (1) a minimum of one year of substantial compliance with this chapter as a
Minnesota-licensed family child care license holder, primary provider of care, or second
adult caregiver and a minimum of 1500 hours of direct care in a licensed family child care
program serving children;
new text end

new text begin (2) a minimum of six months of substantial compliance with this chapter as a licensed
family child care license holder, primary provider of care, or second adult caregiver in
Minnesota and:
new text end

new text begin (i) a minimum of 520 hours of experience as an assistant teacher, student teacher, or
intern in an elementary school, after-school program, or Minnesota-licensed child care
center or as an adult caregiver in a Minnesota-licensed family child care program and 30
hours of child care, health, and nutrition training as specified in section 142I.10; or
new text end

new text begin (ii) a minimum of 520 hours of experience as a licensed practical or registered nurse,
and 30 hours of child development or early childhood education training, as specified in
section 142I.10;
new text end

new text begin (3) certification or licensure indicating completion of one of the following:
new text end

new text begin (i) a two-year child development or early childhood education associate or certificate
program at an accredited college or university;
new text end

new text begin (ii) a child development associate certification;
new text end

new text begin (iii) a certification from a recognized Montessori organization;
new text end

new text begin (iv) a bachelor's degree or higher in early childhood education from an accredited college
or university; or
new text end

new text begin (v) an elementary education degree from an accredited college or university that includes
a minimum of 30 hours of child development training; or
new text end

new text begin (4) six months' experience as a full-time teacher at a Minnesota-licensed child care
center.
new text end

new text begin (b) An applicant or primary provider of care must complete an additional large group
training created by the commissioner as a condition of receiving a class C4 license.
new text end

Sec. 9.

new text begin [142I.09] SUBSTITUTE CAREGIVERS AND REPLACEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Total hours allowed. new text end

new text begin The use of a substitute caregiver in a licensed
family child care program must be limited to a cumulative total of not more than 500 hours
annually. When a substitute is used, prior to the end of each business day the license holder
must document the name, date, and number of hours of each substitute who provided care.
new text end

new text begin Subd. 2. new text end

new text begin Emergency replacement supervision. new text end

new text begin (a) In an emergency, a license holder
may allow an adult who has not completed the training requirements under this chapter or
the background study requirements under chapter 245C to supervise children in a family
child care program. For purposes of this subdivision, "emergency" means a situation in
which the license holder has begun operating the family child care program for the day and
for reasons beyond the control of the license holder, including but not limited to a serious
illness or injury, accident, or situation requiring the immediate attention of the license holder,
the license holder needs to leave the licensed space and close the program for the day.
new text end

new text begin (b) To the extent practicable, the license holder must attempt to arrange for emergency
care by a substitute caregiver before using an emergency replacement.
new text end

new text begin (c) When an emergency occurs:
new text end

new text begin (1) the license holder or emergency replacement must contact the parents of the children
attending the family child care program and inform them that the program is closing for the
day and that the parents need to pick up their children as soon as practicable;
new text end

new text begin (2) the license holder must not knowingly use a person as an emergency replacement
who has committed an action or has been convicted of a crime that would cause the person
to be disqualified from providing care to children if a background study was conducted
under chapter 245C;
new text end

new text begin (3) the license holder must make reasonable efforts to minimize the time the emergency
replacement has unsupervised contact with the children in care not to exceed 12 hours per
emergency incident;
new text end

new text begin (4) the family child care program must be closed for the day once the last unrelated child
has left the program; and
new text end

new text begin (5) the license holder must notify the county licensing agency within seven days that an
emergency replacement was used and specify the circumstances that led to the use of the
emergency replacement.
new text end

new text begin (d) The county licensing agency must notify the commissioner within three business
days after receiving the license holder's notice that an emergency replacement was used and
specify the circumstances that led to the use of the emergency replacement.
new text end

new text begin (e) A license holder is not required to provide the names of persons who may be used
as replacements in emergencies to parents or the county licensing agency. However, once
an emergency replacement has been used, the license holder must provide the name of the
individual used to the county licensing agency.
new text end

Sec. 10.

new text begin [142I.10] APPLICANT, PRIMARY PROVIDER OF CARE, AND SECOND
ADULT CAREGIVER TRAINING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicant, primary provider of care, and second adult caregiver
initial training requirements. new text end

new text begin (a) Before providing care, an applicant, a primary provider
of care, and each second adult caregiver must have completed all required initial training
within the prior 24 months.
new text end

new text begin (b) Initial training must be completed before providing care except in the following
circumstances:
new text end

new text begin (1) a primary provider of care who voluntarily closes a license and reopens within 12
months has one year from the new license's effective date to complete annual and ongoing
training and is exempt from repeating initial training;
new text end

new text begin (2) a primary provider of care who relocates within the state has until the end of the
calendar year to complete annual and ongoing training and is not required to repeat initial
training previously completed; and
new text end

new text begin (3) a primary provider of care who relocates to a new county must not be required by
the new county to complete orientation or other training required for new applicants.
new text end

new text begin (c) Each applicant, primary provider of care, and second adult caregiver must complete
and document the following before providing care:
new text end

new text begin (1) at least four hours of child development, learning, or behavior guidance training. An
individual is exempt if the individual provides documentation verifying that the individual:
new text end

new text begin (i) has completed a three-credit early childhood development course within the past five
years;
new text end

new text begin (ii) holds a baccalaureate or master's degree in early childhood education or school-age
child care;
new text end

new text begin (iii) holds a Minnesota teaching license in early childhood education, kindergarten
through grade 6, or special education; or
new text end

new text begin (iv) holds a bachelor's degree with a Montessori certificate;
new text end

new text begin (2) the six-hour supervising for safety for family child care course developed by the
commissioner;
new text end

new text begin (3) pediatric first aid training provided by an instructor certified to teach pediatric first
aid. Current training documentation must be maintained at the family child care program
and made available upon request. Online training reviewed and approved by the county
licensing agency satisfies this requirement;
new text end

new text begin (4) pediatric cardiopulmonary resuscitation (CPR) training that:
new text end

new text begin (i) is instructor led or blended with a hands-on skills component. Online-only CPR
courses without a hands-on component do not meet this requirement;
new text end

new text begin (ii)(A) is developed by the American Heart Association or the American Red Cross; or
new text end

new text begin (B) uses nationally recognized, evidence-based guidelines for CPR training; and
new text end

new text begin (iii) is provided by an instructor approved by the commissioner to teach CPR;
new text end

new text begin (5) training on reducing the risk of sudden unexpected infant death and abusive head
trauma, which may be combined in a single commissioner-approved course. This training
must, at a minimum, address the risk factors related to sudden unexpected infant death and
abusive head trauma and the means of reducing the risk of each;
new text end

new text begin (6) training on proper use and installation of child passenger restraint systems under
section 169.685 of at least one hour in length that is provided by an instructor certified and
approved by the Department of Public Safety. At a minimum, the training must address the
proper use of child restraint systems based on the child's size, weight, and age and the proper
installation of a car seat or booster seat in the motor vehicle used by the caregiver to transport
the child or children. This requirement does not apply to family child care programs that
transport only school-age children as defined in section 142I.01, subdivision 5, paragraph
(e), in child care buses as defined in section 169.448, subdivision 1, paragraph (e);
new text end

new text begin (7) training on the child care emergency plan required under section 142I.19, subdivision
2;
new text end

new text begin (8) training on allergy prevention and response required under section 142I.06,
subdivision 5, paragraph (b);
new text end

new text begin (9) training on the community-based family child care program plan required under
section 142I.22, if applicable;
new text end

new text begin (10) training on the family child care program policies and procedures required under
section 142I.06;
new text end

new text begin (11) training on reporting suspected maltreatment of children as required under chapter
260E; and
new text end

new text begin (12) swimming pool training under section 142I.14, subdivision 6, if a pool at the family
child care program is used by children in care.
new text end

new text begin (d) County licensing staff must accept approved training on the primary provider of care
or second adult caregiver's learning record in the Develop data system for early education
and school-age care.
new text end

new text begin Subd. 2. new text end

new text begin Primary provider of care and second adult caregiver annual training
requirements. new text end

new text begin (a) A primary provider of care and each second adult caregiver must annually
complete and document the following training:
new text end

new text begin (1) at least two hours of child development, learning, or behavior guidance training. A
three-credit early childhood development course completed within the calendar year meets
this requirement;
new text end

new text begin (2) a two-hour active supervision course developed or approved by the commissioner;
new text end

new text begin (3) training on reducing the risk of sudden unexpected infant death if caring for infants
and training on reducing the risk of abusive head trauma if caring for children under school
age, which must:
new text end

new text begin (i) be completed in person or online at least once every two years; and
new text end

new text begin (ii) in alternating years, be completed through a commissioner-approved video not
exceeding one hour in length; and
new text end

new text begin (4) at least ten hours of ongoing training each calendar year that must include topics
identified in the Minnesota knowledge and competency framework. Repeat of topical training
requirements in subdivision 1 counts toward the annual ten-hour requirement.
new text end

new text begin (b) A caregiver who is approved as a trainer through the Develop data system may count
up to two hours of training instruction toward the annual ten-hour training requirement in
paragraph (a), clause (4), if:
new text end

new text begin (1) the training is the first instance in which the caregiver delivers a particular
content-specific training during each training year;
new text end

new text begin (2) the caregiver is a Develop-approved active trainer; and
new text end

new text begin (3) the hours counted as training instruction are approved through the Develop data
system with attendance verified on the trainer's individual learning record and are in the
knowledge and competency framework content areas VII A, establishing healthy practices,
or B, ensuring safety.
new text end

new text begin (c) Unless specifically authorized in this section, one training does not fulfill two different
training requirements. Courses within the identified knowledge and competency areas that
are specific to child care centers or legal nonlicensed programs do not fulfill the requirements
of this section.
new text end

new text begin (d) County licensing staff must accept training designated by the commissioner as
satisfying training requirements if the training is within the knowledge and competency
framework for child development and learning, behavior guidance, and active supervision
as indicated on the department's website.
new text end

new text begin Subd. 3. new text end

new text begin Primary provider of care and second adult caregiver ongoing training
requirements. new text end

new text begin (a) A primary provider of care and each second adult caregiver must complete
and document the following training:
new text end

new text begin (1) pediatric cardiopulmonary resuscitation training that meets the requirements of
subdivision 1, paragraph (c), clause (4), and is repeated every two years within 90 days of
the second anniversary of the previous training. Documentation must be maintained at the
family child care program or electronically and made available upon request;
new text end

new text begin (2) pediatric first aid training by a certified instructor repeated every two years within
90 days of the second anniversary of the previous training. Documentation of the training
must be maintained at the family child care program or electronically and made available
upon request;
new text end

new text begin (3) commissioner-developed Health and Safety I and Health and Safety II training at
least once every five years. Completion of either course in a given year meets the annual
active supervision training requirement in subdivision 2, paragraph (a), clause (2);
new text end

new text begin (4) proper use and installation of child passenger restraint systems under section 169.685
that meets the requirements of subdivision 1, paragraph (c), clause (6), and is repeated at
least once every five years. This requirement does not apply to family child care programs
that transport only school-age children as defined in section 142I.01, subdivision 5, paragraph
(e), in child care buses as defined in section 169.448, subdivision 1, paragraph (e); and
new text end

new text begin (5) fire safety training developed by the State Fire Marshal's Office that must be
completed once every five years.
new text end

new text begin (b) If a license holder changes any of the policies and procedures under section 142I.06,
subdivision 5, the primary provider of care and each second adult caregiver must complete
training on the revised policies and procedures within ten days of the change.
new text end

new text begin (c) The license holder must maintain documentation of each training on the revised
policies and procedures at the family child care program.
new text end

Sec. 11.

new text begin [142I.11] SUBSTITUTE AND INTERMITTENT CAREGIVER TRAINING
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Substitute and intermittent caregiver initial training requirements. new text end

new text begin (a)
Before providing care, each substitute and intermittent caregiver must complete the following
training requirements within the previous 12 months:
new text end

new text begin (1) the four-hour basics of licensed family child care for substitutes course developed
by the commissioner;
new text end

new text begin (2) pediatric first aid training provided by an instructor certified to teach pediatric first
aid. Current training documentation must be maintained at the family child care program
and made available upon request. Online training reviewed and approved by the county
licensing agency satisfies this requirement;
new text end

new text begin (3) pediatric cardiopulmonary resuscitation training that meets the requirements of
section 142I.10, subdivision 1, paragraph (c), clause (4);
new text end

new text begin (4) training on reducing the risk of sudden unexpected infant death and abusive head
trauma, which may be combined in a single commissioner-approved course. This training
must, at a minimum, address the risk factors related to sudden unexpected infant death and
abusive head trauma and the means of reducing the risk of each;
new text end

new text begin (5) training on proper use and installation of child passenger restraint systems under
section 169.685 of at least one hour in length, provided by an instructor certified and
approved by the Department of Public Safety. This requirement does not apply to family
child care programs that transport only school-age children as defined in section 142I.01,
subdivision 5, paragraph (e), in child care buses as defined in section 169.448, subdivision
1, paragraph (e). At a minimum, the training must address the proper use of child restraint
systems based on the child's size, weight, and age and the proper installation of a car seat
or booster seat in the motor vehicle used by the caregiver to transport the child or children;
new text end

new text begin (6) training on the child care emergency plan required under section 142I.19, subdivision
2;
new text end

new text begin (7) training on allergy prevention and response required under section 142I.06,
subdivision 5, paragraph (b);
new text end

new text begin (8) training on the community-based family child care program plan required under
section 142I.22, if applicable;
new text end

new text begin (9) training on the family child care program policies and procedures required under
section 142I.06;
new text end

new text begin (10) training on reporting suspected maltreatment of children as required under chapter
260E; and
new text end

new text begin (11) swimming pool training under section 142I.14, subdivision 6, if a pool at the family
child care program is used by children in care.
new text end

new text begin (b) County licensing staff must accept approved training on the substitute or intermittent
caregiver's learning record in the Develop data system for early education and school-age
care.
new text end

new text begin Subd. 2. new text end

new text begin Substitute and intermittent caregiver annual training requirements. new text end

new text begin (a)
Substitutes and intermittent caregivers must complete a minimum of one hour of training
each calendar year, and the training must include the requirements in this section.
new text end

new text begin (b) Each calendar year, a substitute or intermittent caregiver must receive training on
reducing the risk of abusive head trauma from shaking infants and young children if caring
for children under school age and reducing the risk of sudden unexpected infant death if
caring for infants. A substitute must complete each applicable course at least once every
two years either in person or online. In a year a substitute or intermittent caregiver is not
completing an applicable course under this paragraph in person or online, the individual
must watch a video on the respective topic of no more than one hour in length. The video
must be developed or approved by the commissioner. A license holder must maintain
documentation of compliance with this paragraph for each substitute and intermittent
caregiver employed.
new text end

new text begin Subd. 3. new text end

new text begin Substitute and intermittent caregiver ongoing training requirements. new text end

new text begin (a)
At least once every three years, a substitute or intermittent caregiver must complete the
four-hour basics of licensed family child care for substitutes course.
new text end

new text begin (b) A substitute or intermittent caregiver must complete the following training:
new text end

new text begin (1) pediatric cardiopulmonary resuscitation training that meets the requirements of
section 142I.10, subdivision 1, paragraph (c), clause (4), and is repeated every two years
within 90 days of the second anniversary of the previous training. Documentation must be
maintained at the family child care program or electronically and made available upon
request;
new text end

new text begin (2) pediatric first aid that is given by an instructor certified to provide pediatric first aid
and is repeated every two years within 90 days of the second anniversary of the previous
training. Documentation of the training must be maintained at the family child care program
or electronically and made available upon request; and
new text end

new text begin (3) proper use and installation of child passenger restraint systems under section 169.685
that meets the requirements of section 142I.10, subdivision 1, paragraph (c), clause (6), and
is repeated at least once every five years. This requirement does not apply to family child
care programs that transport only school-age children as defined in section 142I.01,
subdivision 5, paragraph (e), in child care buses as defined in section 169.448, subdivision
1, paragraph (e).
new text end

Sec. 12.

new text begin [142I.12] HELPER TRAINING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Helper initial training requirements. new text end

new text begin A helper who assists with care
must complete a minimum of four hours of training within the 12 months before assisting
in care. The four hours must include courses on reducing the risk of sudden unexpected
infant death, abusive head trauma, and reporting suspected maltreatment of children as
required under chapter 260E. The trainings under this paragraph may be combined in a
single commissioner-approved course. A license holder must maintain documentation
showing each helper has complied with this paragraph.
new text end

new text begin Subd. 2. new text end

new text begin Helper annual training requirements. new text end

new text begin (a) Each calendar year, a helper who
assists in the care must receive training on reducing the risk of sudden unexpected infant
death and abusive head trauma. The trainings under this paragraph may be combined in a
single commissioner-approved course and must, at a minimum, address risk factors, methods
of risk reduction in child care, and communication with parents regarding risk reduction.
A license holder must maintain documentation showing each helper has complied with this
paragraph.
new text end

new text begin (b) County licensing staff must accept approved training on the helper's learning record
in the Develop data system.
new text end

Sec. 13.

new text begin [142I.13] BEHAVIOR GUIDANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Behavior guidance policies and procedures. new text end

new text begin Applicants and license
holders must develop and follow written behavior guidance policies and procedures that
include:
new text end

new text begin (1) methods of promoting positive behavior under subdivision 2;
new text end

new text begin (2) prohibited actions under subdivision 3; and
new text end

new text begin (3) separation from the group under subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Methods of promoting positive behavior. new text end

new text begin A license holder must:
new text end

new text begin (1) positively role model acceptable behavior to each child;
new text end

new text begin (2) tailor methods of promoting positive behavior to the developmental level of the
children the family child care program is licensed to serve;
new text end

new text begin (3) ensure redirection is used as appropriate in addressing a child's behavior, to guide a
child away from potential challenges toward constructive activity. For the purposes of this
clause, "redirection" means when a caregiver intervenes and guides a child toward
constructive activity through positive techniques;
new text end

new text begin (4) teach children how to use acceptable alternatives to reduce conflict; and
new text end

new text begin (5) protect the safety and well-being of children and caregivers.
new text end

new text begin Subd. 3. new text end

new text begin Prohibited actions. new text end

new text begin A license holder must prohibit every caregiver from:
new text end

new text begin (1) subjecting a child to corporal or physical punishment. This includes but is not limited
to rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting,
pinching, spitting, hitting, and spanking;
new text end

new text begin (2) subjecting a child to name calling, ostracism, shaming, making derogatory remarks
about the child or the child's family, cultural or racial slurs, and yelling or using profane
language that threatens, humiliates, or frightens the child;
new text end

new text begin (3) forcing a child to maintain an uncomfortable position or to continuously repeat
physical movements;
new text end

new text begin (4) separating a child from the group except as provided in subdivision 4;
new text end

new text begin (5) punishing a child for:
new text end

new text begin (i) not resting, napping, or sleeping;
new text end

new text begin (ii) toileting accidents;
new text end

new text begin (iii) failing to eat all or part of meals or snacks; or
new text end

new text begin (iv) failing to complete an activity;
new text end

new text begin (6) denying a child food or drink or forcing food or drink upon a child;
new text end

new text begin (7) denying light, warmth, clothing, or medical care as a punishment for unacceptable
behavior;
new text end

new text begin (8) the use of physical restraint other than to physically hold a child when containment
is necessary to protect a child or others from harm. The use of prone restraint under section
245A.211 must always be prohibited;
new text end

new text begin (9) the use of mechanical restraints, such as tying, or any device or equipment intended
to restrict or prevent movement as a means of discipline or convenience by caregivers,
including but not limited to confinement to a swing, high chair, infant carrier, walker, crib,
or weighted item;
new text end

new text begin (10) the use of any nonprescribed substance given to a child to subdue or restrict
movement or behavior;
new text end

new text begin (11) delegating discipline or punishment to another child; and
new text end

new text begin (12) punishing or shaming a child for the actions of a parent. This includes but is not
limited to failure to pay fees, failure to provide appropriate clothing, failure to provide
materials for an activity, or any conflict between the license holder or caregiver and the
parent.
new text end

new text begin Subd. 4. new text end

new text begin Separation time from the group. new text end

new text begin No child may be separated from the group
unless the license holder has tried less intrusive methods of guiding the child's behavior
that have been ineffective and the child's behavior threatens the well-being of the child or
other children in the family child care program. Separation from the group must meet the
following requirements:
new text end

new text begin (1) children under the age of three must not be separated from the group as a means of
behavior guidance;
new text end

new text begin (2) the separation time or "time-out period" must be limited to the amount of time
necessary for the child to gain self-control and rejoin the group while being supported by
the provider;
new text end

new text begin (3) the child must be supervised as defined under section 142I.01, subdivision 46;
new text end

new text begin (4) no child shall be placed in a locked room to separate the child from the group; and
new text end

new text begin (5) the caregiver must offer the child the time-out period in a nonhumiliating manner.
new text end

Sec. 14.

new text begin [142I.14] PHYSICAL SPACE REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Indoor space. new text end

new text begin (a) The licensed capacity of the family child care program
must be limited by the amount of usable indoor space available to children. A minimum of
35 square feet of usable indoor space is required per child.
new text end

new text begin (b) Bathrooms, closets, space occupied by major appliances, and other space not used
by children may not be counted as usable space. Space occupied by adult furniture, if it is
used by children, may be counted as usable indoor space.
new text end

new text begin (c) Usable indoor space may include a basement if it has been inspected and approved
by a fire marshal, is free of hazards, and meets the requirements of subdivision 4.
new text end

new text begin (d) All exits leading from indoor to outdoor space must be fully clear of obstruction.
new text end

new text begin Subd. 2. new text end

new text begin Escape routes. new text end

new text begin (a) The main means of escape must be a stairway or door leading
to the floor with an exit to the outside.
new text end

new text begin (b) Any room that has sleeping children must have an escape route separate from the
main exit referenced in paragraph (a). This escape route must be a door or an egress window
leading directly outside.
new text end

new text begin (c) When the basement is used for care, the basement must have at least one escape route
separate from the main exit under paragraph (a). This escape route must be a door or an
egress window leading directly outside.
new text end

new text begin (d) Required escape routes must not be obstructed and must be accessible and openable
without special knowledge.
new text end

new text begin Subd. 3. new text end

new text begin Outdoor learning environment and play space. new text end

new text begin (a) A family child care
program must have an outdoor play space of at least 50 square feet per child in attendance
at the program for regular use or a park, playground, or play space within 1,500 feet of the
family child care program.
new text end

new text begin (b) During outdoor play:
new text end

new text begin (1) the adult caregiver shall remain outdoors with infants, toddlers, and preschoolers at
all times;
new text end

new text begin (2) school-age children may be permitted in the approved outdoor play space at the
family child care program without the license holder or caregiver if:
new text end

new text begin (i) the children are engaged in age-appropriate activities using age-appropriate equipment;
and
new text end

new text begin (ii) the license holder or caregiver remains accessible to provide supervision when needed
in accordance with section 142I.01, subdivision 46; and
new text end

new text begin (3) when the outdoor play space is not at the family child care program, the license
holder or caregiver shall accompany and supervise all children in transit and at the outdoor
play space.
new text end

new text begin (c) Caregivers must prevent children from accessing hazardous materials.
new text end

new text begin (d) Outdoor play areas must be protected from traffic and nearby hazards. If traffic or
other hazards are present, the family child care program must have:
new text end

new text begin (1) a continuous fence in good condition with functioning gates or a continuous natural
barrier or a combination of fence and naturally occurring or landscaping barrier. The fence
or natural barrier must ensure that children are not able to leave the outdoor play area
unsupervised; or
new text end

new text begin (2) a supervision and safety plan if a fence is not used that includes alternative methods
to ensure the health, safety, and protection of children in care.
new text end

new text begin (e) Electrical fences must be inaccessible to children in care.
new text end

new text begin (f) Providers must take measures to protect children from the dangers of sun exposure
and extreme heat.
new text end

new text begin (g) Outdoor equipment, whether stationary or portable, must be safe, be in good repair,
be assembled according to the manufacturer's guidelines, and meet the developmental needs
of the age groups of children using the space.
new text end

new text begin (h) Equipment including but not limited to climbing gyms, swings, and slides must:
new text end

new text begin (1) have no openings between 3-1/2 inches and nine inches in size to prevent entrapment
of the head or other body parts;
new text end

new text begin (2) have guardrails or protective barriers on platforms that are 30 inches or higher. A
protective barrier is a continuous structure surrounding the platform that is designed to
prevent a person from falling or passing through, whether intentionally or accidentally; and
new text end

new text begin (3) be assembled, installed, and utilized according to the manufacturer's guidelines.
new text end

new text begin Subd. 4. new text end

new text begin Conditions of the program. new text end

new text begin The licensed space must be maintained in a manner
that protects the health and safety of children in care. The license holder must ensure that:
new text end

new text begin (1) the family child care program space is free from conditions that endanger the health
or safety of children, including unsanitary conditions or excessive accumulation of materials;
new text end

new text begin (2) the furnishings, equipment, and materials are arranged and stored so that hallways,
stairways, doors, and exit routes remain unobstructed and usable for safe exit; and
new text end

new text begin (3) the amount and placement of stored items do not create an increased risk of fire or
injury or impede the safe supervision of children.
new text end

new text begin Subd. 5. new text end

new text begin Portable wading pools. new text end

new text begin (a) A portable wading pool as defined in section
144.1222 may not be used by a child at a family child care program unless the parent of the
child has provided written consent. The written consent must include a statement that the
parent has received and read material provided by the Department of Health on wading pool
safety for parents related to the risk of disease transmission as well as other health risks
associated with the use of portable wading pools.
new text end

new text begin (b) Wading pools must be emptied daily. The caregiver must supervise children at all
times while a wading pool is in use and must be able to clearly see all parts of the wading
area. When not in use under the supervision of a caregiver, wading pools must be inaccessible
to children.
new text end

new text begin Subd. 6. new text end

new text begin Swimming pools. new text end

new text begin (a) For the purposes of this subdivision, "swimming pool"
has the meaning in section 144.1222, subdivision 2b, and does not include a portable wading
pool as defined in section 144.1222, subdivision 2a, or a spa pool as defined in Minnesota
Rules, part 4717.0250.
new text end

new text begin (b) For a license holder to be eligible to allow a child in care at the family child care
program to use a swimming pool located at the program, the license holder must:
new text end

new text begin (1) not have had a licensing sanction under section 142B.18 or a correction order or
conditional license under section 142B.16 relating to the supervision or health and safety
of children during the prior 24 months;
new text end

new text begin (2) notify the county agency before initial use of the swimming pool each calendar year;
new text end

new text begin (3) obtain written consent from a child's parent allowing the child to use the swimming
pool and renew the parent's written consent at least annually. The written consent must
include a statement that the parent has received and read materials provided by the
Department of Health related to the risk of disease transmission as well as other health risks
associated with swimming pools. The written consent must also include a statement that
neither the Department of Health nor the county agency will monitor or inspect the license
holder's physical swimming pool;
new text end

new text begin (4) attend and successfully complete a swimming pool supervision training course
annually;
new text end

new text begin (5) attend and successfully complete one of the following swimming pool operator
training courses once every five years:
new text end

new text begin (i) both of the National Spa and Pool Institute Tech I and Tech II courses; or
new text end

new text begin (ii) the National Recreation and Park Association aquatic facility operator course;
new text end

new text begin (6) toilet all potty-trained children before they enter the swimming pool;
new text end

new text begin (7) require all children who are not potty trained to wear swim diapers while in the
swimming pool;
new text end

new text begin (8) if fecal material enters the swimming pool water, add three times the normal shock
treatment to the pool water to raise the chlorine level to at least 20 parts per million and
close the pool to swimming for the 24 hours following the entrance of fecal material into
the water or until the water pH and disinfectant concentration levels have returned to the
standards specified in clause (10), whichever is later;
new text end

new text begin (9) prevent any person from entering the swimming pool who has an open wound or has
or is suspected of having a communicable disease;
new text end

new text begin (10) maintain the swimming pool water at a pH of not less than 7.2 and not more than
8.0, maintain the disinfectant concentration between two and five parts per million for
chlorine or between 2.3 and 4.5 parts per million for bromine, and maintain a daily record
of the swimming pool's operation with pH and disinfectant concentration readings on days
when children cared for at the family child care program are present;
new text end

new text begin (11) have a disinfectant feeder or feeders;
new text end

new text begin (12) have a recirculation system that will clarify and disinfect the swimming pool volume
of water in ten hours or less;
new text end

new text begin (13) maintain the swimming pool's water clarity so that an object on the pool floor at
the pool's deepest point is easily visible;
new text end

new text begin (14) comply with the provisions in section 144.1222, subdivisions 1c and 1d;
new text end

new text begin (15) have in place and enforce written safety rules and swimming pool policies;
new text end

new text begin (16) have in place at all times a safety rope that divides the shallow and deep portions
of the swimming pool;
new text end

new text begin (17) maintain compliance with any existing local ordinances regarding swimming pool
installation, decks, and fencing;
new text end

new text begin (18) maintain a water temperature of not more than 104 degrees Fahrenheit and not less
than 70 degrees Fahrenheit;
new text end

new text begin (19) cover the swimming pool when not in use;
new text end

new text begin (20) follow the requirements of subdivision 7; and
new text end

new text begin (21) for lifesaving equipment, have a United States Coast Guard-approved life ring
attached to a rope, an exit ladder, and a shepherd's hook available at all times to the caregiver
supervising the swimming pool.
new text end

new text begin Subd. 7. new text end

new text begin Water hazards. new text end

new text begin (a) Swimming and wading pools, beaches, wells, or other
bodies of water on or adjacent to the site of the family child care program must be
inaccessible to children except during periods of supervised use.
new text end

new text begin (b) All water hazards, such as inground or above-ground swimming pools, hot tubs,
stationary wading pools, fish ponds, and water retention or detention basins on the site of
the family child care program must be enclosed with a permanent fence, wall, building wall,
other physical barrier, or combination thereof that is at least four feet in height. A house
exterior wall can constitute one side of a fence if the wall has no openings capable of
providing direct access to the hazard, including but not limited to doors or windows.
new text end

new text begin (c) The family child care program may not allow a child in care to use a swimming pool
or beach without an adult caregiver trained in first aid and CPR present.
new text end

new text begin (d) Bodies of water must be separated from the play area by a fence or other physical
barrier that prevents children from accessing the water. The house door alone is not a
sufficient barrier.
new text end

new text begin Subd. 8. new text end

new text begin Water play. new text end

new text begin (a) Splash pads, sprinklers, or other water toys that spray or jet
water on the users and do not have standing water do not need parental permission for use
by children. Splash pads, sprinklers, or other water toys that have a standing water component
are considered wading pools and are required to meet the requirements of subdivision 5.
new text end

new text begin (b) Water tables designed for children to play with their hands must be emptied daily.
The caregiver must supervise children at all times while a water table is in use and must be
able to clearly see all parts of the wading area. When not in use under the supervision of a
caregiver, water tables must be inaccessible to children.
new text end

new text begin Subd. 9. new text end

new text begin Separation between attached garage and family child care program. new text end

new text begin The
separation wall between the residence and garage must meet the requirements of Minnesota
Rules, part 1309.0302.
new text end

new text begin Subd. 10. new text end

new text begin Ventilation, heating, and cooling systems. new text end

new text begin (a) Heating, ventilation, and air
conditioning systems must be operated according to the manufacturer's instructions and in
good repair. Gas, coal, wood, kerosene, or oil heaters must be vented to the outside in
accordance with the State Building Code.
new text end

new text begin (b) Items that can be ignited and support combustion, including but not limited to plastic,
fabric, and wood products, must not be located within:
new text end

new text begin (1) 18 inches of a gas or fuel-oil heater or furnace; or
new text end

new text begin (2) 36 inches of a solid-fuel-burning appliance.
new text end

new text begin If a license holder produces manufacturer instructions listing a smaller distance, then the
manufacturer instructions control the distance combustible items must be from gas, fuel-oil,
or solid-fuel-burning heaters or furnaces.
new text end

new text begin (c) When in use, fireplaces, wood-burning stoves, solid-fuel-burning appliances, space
heaters, steam radiators, outdoor fire pits, and other potentially hot surfaces, such as steam
pipes, must be protected by guards or protective covering to keep hands and bodies away,
prevent burns, and prevent fires. All fireplaces, wood-burning stoves, space heaters, steam
radiators, and furnaces must be installed according to the State Building Code. The furnace,
hot water heater, and utility rooms must be inaccessible to children.
new text end

new text begin (d) Ventilation of usable space must meet the requirements of the State Building Code.
Outside doors and windows used for ventilation in summer months must be screened when
biting insects are prevalent. The screens must be in good repair. Sources of harmful and
unpleasant odors including urine and pet waste must be removed to the extent possible by
removing the source of the odor or by removing odors through cleaning and ventilation.
new text end

new text begin Subd. 11. new text end

new text begin Temperature. new text end

new text begin A minimum temperature of 62 degrees Fahrenheit must be
maintained in indoor areas used by children.
new text end

new text begin Subd. 12. new text end

new text begin Sewage disposal. new text end

new text begin Family child care programs must have working toilets and
a sewage disposal system that conform to the State Building Code or local septic system
ordinances. Toilet training equipment must be emptied and cleaned after each use. Outdoor
toilets, including compostable toilets, are permissible in accordance with local septic system
ordinances.
new text end

new text begin Subd. 13. new text end

new text begin Construction or remodeling. new text end

new text begin During construction or remodeling, children
must not have access to construction or remodeling areas within or around the premises.
new text end

new text begin Subd. 14. new text end

new text begin Interior walls and ceilings. new text end

new text begin The walls and ceilings within a family child care
program, including those in corridors, stairways, and lobbies, must have a flame spread
rating of 200 or less.
new text end

new text begin Subd. 15. new text end

new text begin Electrical services. new text end

new text begin (a) All electric outlets in a family child care program
accessible to children must be tamper-proof or shielded when not in use. All major electrical
appliances must be properly installed and grounded in accordance with the State Electrical
Code and in good working order.
new text end

new text begin (b) Electrical wiring must be sized to provide for the load and be in good repair. Extension
cords must not be used as a substitute for permanent wiring.
new text end

new text begin Subd. 16. new text end

new text begin Fire extinguisher. new text end

new text begin A portable, operational, multipurpose, and dry chemical
fire extinguisher with a minimum 2-A 10-BC rating must be located near the required exit
door of the program at all times. The fire extinguisher must be serviced annually by a
qualified inspector and evidence of annual service must be documented. All caregivers must
know how to properly use the fire extinguisher.
new text end

new text begin Subd. 17. new text end

new text begin Carbon monoxide and smoke alarms. new text end

new text begin (a) A family child care program must
have an approved and operational carbon monoxide alarm installed within ten feet of each
area used for sleeping children in care.
new text end

new text begin (b) A family child care program must properly install and maintain smoke alarms models
that have been approved by the Underwriter Laboratory on all levels, including basements,
and in hallways outside rooms used for sleeping children in care. Smoke alarms are not
required in crawl spaces and uninhabitable attics. For family child care programs in buildings
that began construction on or after March 31, 2020, smoke alarms must be installed and
maintained in each room used for children in care to sleep.
new text end

new text begin Subd. 18. new text end

new text begin Stairways. new text end

new text begin All family child care programs with stairways must:
new text end

new text begin (1) have handrails on at least one side of stairways of four or more steps;
new text end

new text begin (2) enclose any open area between the handrail and stair tread with a protective guardrail
as specified in the State Building Code. The back of the stair risers must also be enclosed;
new text end

new text begin (3) use gates at the top and bottom of stairways when children who are six to 18 months
old are in care; and
new text end

new text begin (4) keep stairways well lit, in good repair, and free of clutter and obstructions.
new text end

new text begin Subd. 19. new text end

new text begin Decks. new text end

new text begin Decks, balconies, or lofts that are used by children and more than 30
inches above the ground or floor must be surrounded by a protective guardrail and be
constructed in compliance with the State Building Code. Wooden decks must be free of
splinters and in good repair.
new text end

new text begin Subd. 20. new text end

new text begin Locks and latches. new text end

new text begin (a) A door latch on a closet or other confining space must
be made so that the door can be opened from inside the closet or other confining space.
new text end

new text begin (b) Every interior door lock must permit opening of the locked door from the outside
and the opening device must be readily accessible to all caregivers.
new text end

new text begin (c) Double cylinder locks, where a key is required on both sides, on exit doors are
prohibited.
new text end

new text begin (d) Locks may not be used in place of supervision.
new text end

new text begin Subd. 21. new text end

new text begin Tobacco products, cannabis, vaping, drugs, and alcohol use
prohibitions. new text end

new text begin (a) Smoking of tobacco, cannabis, or any other product, including through
electronic delivery devices, is prohibited on both indoor and outdoor licensed family child
care program environments and in any vehicles used by the family child care program during
hours of operation.
new text end

new text begin (b) The use of alcohol or illegal or recreational drugs is prohibited during hours of
operation.
new text end

new text begin (c) If the license holder allows smoking of tobacco, cannabis, or any other product,
including through electronic delivery devices, on the premises outside of child care hours,
the license holder must verbally provide notice to parents and must post written notice in
an obvious location disclosing this information.
new text end

new text begin (d) While caring for children, no license holder or caregiver shall be under the influence
of any substance that impairs the individual's ability to supervise children or perform the
individual's duties.
new text end

Sec. 15.

new text begin [142I.15] CLEANING AND DISINFECTING.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin (a) The family child care program must be free
from accumulations of dirt, peeling paint, visible or known debris, soiled items, hazardous
clutter, and pet waste, including odor from pet waste.
new text end

new text begin (b) Disinfectants must:
new text end

new text begin (1) not be used prior to or in place of cleaning compounds;
new text end

new text begin (2) be mixed and used according to the manufacturer's instructions; and
new text end

new text begin (3) be used on surfaces that are contaminated with bodily fluids.
new text end

new text begin Subd. 2. new text end

new text begin Toys. new text end

new text begin A caregiver must take reasonable steps to ensure toys that children place
in their mouths are cleaned and disinfected prior to use by another child. Toys that come
into contact with bodily fluids must be cleaned and disinfected prior to next use. Toys must
be cleaned and disinfected as needed if there are visible or known contaminants or debris
on them.
new text end

new text begin Subd. 3. new text end

new text begin Food and eating areas. new text end

new text begin Surfaces and tools that are used for preparing or serving
food must be cleaned and sanitized prior to next use. Sanitizing must be done by using an
EPA-registered sanitizer or a bleach solution or by heating to temperatures sufficient to
destroy most germs.
new text end

new text begin Subd. 4. new text end

new text begin Indoor and outdoor equipment. new text end

new text begin The indoor and outdoor space and equipment
of the family child care program must be clean.
new text end

new text begin Subd. 5. new text end

new text begin Sleeping. new text end

new text begin Sleeping materials must be cleaned and disinfected at least weekly
or when visibly dirty.
new text end

new text begin Subd. 6. new text end

new text begin Toilet learning equipment. new text end

new text begin Toilet learning chairs and seats must be cleaned
and disinfected after each use.
new text end

new text begin Subd. 7. new text end

new text begin Hand washing. new text end

new text begin (a) A child's hands must be washed with soap and running
water when soiled, after the use of a toilet or toilet training chair, and before eating a meal
or snack. The caregiver must monitor and assist a child who needs help. Children's hands
must be dried on a separate or single-use towel.
new text end

new text begin (b) In sinks and tubs accessible to children, the water temperature must not be able to
exceed 120 degrees Fahrenheit to prevent children from scalding themselves while washing
their hands.
new text end

new text begin (c) Caregivers must wash their hands with soap and water after each diaper change, after
assisting a child on the toilet, after washing the diapering surface, and before food
preparation. The caregiver's hands must be dried on a separate or single-use towel.
new text end

new text begin Subd. 8. new text end

new text begin Diapers, changing areas, and disposal. new text end

new text begin (a) An adequate supply of clean diapers
must be available for each child who uses diapers and stored in a clean place inaccessible
to children. Diapers may be disposable or made of cloth.
new text end

new text begin (b) If a family child care program uses cloth diapers, then:
new text end

new text begin (1) cloth diapers must have an absorbent inner layer that is completely covered with an
outer waterproof layer that has a waist closure;
new text end

new text begin (2) the cloth diaper and waterproof layer must be changed at the same time;
new text end

new text begin (3) cloth diapers supplied by parents, except those supplied by a commercial diaper
service, must be labeled with the child's name and must be placed in a plastic bag after
removal with any soiled clothing and sent home with the parent daily; and
new text end

new text begin (4) cloth diapers must be kept out of reach from children before and after use.
new text end

new text begin (c) Clothes must be worn over diapers while the child is in the family child care program.
Diapers and clothing must be changed promptly when wet or soiled.
new text end

new text begin (d) Single-service disposable wipes or clean washcloths must be used for washing a
soiled child before rediapering.
new text end

new text begin (e) The diaper changing area must be covered with a smooth, nonabsorbent surface.
Changing tables, changing pads, and other diaper changing areas must be cleaned and
disinfected between children, even if using a nonabsorbent covering that is discarded after
each use. Diapering must not take place in a food preparation area.
new text end

new text begin (f) Disposable diapers must be disposed of in a covered diaper disposal container located
in the diaper changing area and lined with a disposable plastic bag or directly outdoors in
a garbage can.
new text end

Sec. 16.

new text begin [142I.16] ENVIRONMENTAL HEALTH.
new text end

new text begin Subdivision 1. new text end

new text begin Water supply. new text end

new text begin (a) All family child care programs must have a safe water
supply.
new text end

new text begin (b) Family child care programs that draw water from privately owned wells must:
new text end

new text begin (1) test the water annually by a Department of Health-certified laboratory for coliform
bacteria and nitrate nitrogen and receive confirmation that the water is safe. The family
child care program must submit a copy of the test results with the agency. Retesting and
corrective measures may be required by the agency if results do not meet state drinking
water standards or where the supply may be subject to off-site contamination. A copy of
the most recent water testing results must be kept on the licensed premises. If the water test
results are at or above Department of Health-recommended levels or if the license holder
declines to test the water supply in the program, the license holder must:
new text end

new text begin (i) supply bottled or packaged water; or
new text end

new text begin (ii) use water filtration devices that have been certified by the National Science
Foundation or American National Standards Institute to remove the contaminant. The water
filtration device must be attached directly to water faucets, inserted into the refrigerator
water dispenser, or inserted into water pitchers or bottles. The water filtration device must
be maintained according to manufacturer guidelines; or
new text end

new text begin (2) close the family child care program to prevent children from using or consuming
unsafe water.
new text end

new text begin Subd. 2. new text end

new text begin Radon testing. new text end

new text begin (a) The license holder must notify parents whether radon testing
has been conducted in the family child care program upon enrollment and within 30 days
of any subsequent testing done after enrollment.
new text end

new text begin (b) When notifying parents, the license holder must use a form prescribed by the
commissioner. The notice must include information from the Department of Health about
what radon is and the potential risks associated with radon exposure. If testing has been
completed, the notice must include:
new text end

new text begin (1) the date of the most recent test;
new text end

new text begin (2) the rooms or areas tested; and
new text end

new text begin (3) the detected radon level or levels, stated in picocuries per liter (pCi/L).
new text end

new text begin (c) A copy of the most recent notice to parents and the radon test results must be kept
on site and made available to parents and the commissioner upon request.
new text end

Sec. 17.

new text begin [142I.17] ACTIVITIES AND EQUIPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin General activities. new text end

new text begin Child care activities must provide for the physical,
intellectual, emotional, and social development of the children in care at a family child care
program. Activities must include infants, toddlers, preschoolers, and school-age children
and:
new text end

new text begin (1) be scheduled indoors and outdoors daily, weather permitting. When determining if
the weather permits outdoor play, a license holder must defer to weather advisory
notifications, including air quality emergencies, provided by local weather experts, local or
state authority on air quality, or public health;
new text end

new text begin (2) be appropriate to the age and developmental stage of the child;
new text end

new text begin (3) include active and quiet activity; and
new text end

new text begin (4) include both caregiver-directed and child-initiated activities.
new text end

new text begin Subd. 2. new text end

new text begin Equipment. new text end

new text begin A license holder must provide children in a family child care
program with:
new text end

new text begin (1) sufficient play equipment to allow each child a choice of at least three activities
involving equipment when all children are using equipment;
new text end

new text begin (2) early learning materials, play equipment, and space that are age and developmentally
appropriate and culturally diverse; and
new text end

new text begin (3) play equipment that is safe, in good repair, and used in accordance with the
manufacturer's instructions.
new text end

new text begin Subd. 3. new text end

new text begin Newborn or infant activities. new text end

new text begin A caregiver must:
new text end

new text begin (1) hold a newborn or infant during feedings until the child can hold the bottle. A bottle
cannot be propped up for a newborn or infant;
new text end

new text begin (2) respond to a newborn's or infant's attempts to communicate;
new text end

new text begin (3) develop infant language and communication by responding to a newborn's or infant's
attempts to communicate by mirroring similar sounds, sharing the child's focus of attention,
talking to the newborn or infant, naming objects, and describing actions;
new text end

new text begin (4) provide a newborn and infant with freedom of movement to sit safely and comfortably,
crawl, toddle, walk, and play both indoors and outdoors throughout the day;
new text end

new text begin (5) provide a newborn or infant an opportunity to stimulate the senses by providing a
variety of activities and objects to see, touch, feel, smell, hear, and taste;
new text end

new text begin (6) provide activities for a newborn or infant that develop the child's manipulative and
fine motor skills;
new text end

new text begin (7) provide activities for self-awareness;
new text end

new text begin (8) provide activities to support a newborn or infant to develop social-emotional skills;
new text end

new text begin (9) provide activities to support a newborn or infant to develop gross motor skills; and
new text end

new text begin (10) allow a newborn or infant actively supervised tummy time. For the purposes of this
clause, "tummy time" means placing a newborn or infant in a nonrestrictive prone position,
lying on their stomach. Tummy time should occur throughout the day when a newborn or
infant is awake. A newborn or infant must not be wearing anything to restrict moment during
tummy time.
new text end

new text begin Subd. 4. new text end

new text begin Newborn and infant equipment. new text end

new text begin When caring for newborns or infants, a
license holder must provide:
new text end

new text begin (1) an infant seat or high chair, as appropriate, for each newborn and infant in attendance;
new text end

new text begin (2) a crib or portable crib with a mattress or pad for each newborn and infant in attendance
that is in compliance with current Consumer Product Safety Commission safety standards
and chapter 142B.45. The license holder must maintain documentation on site that the
equipment used meets these requirements and provide it to the commissioner and parents
as requested;
new text end

new text begin (3) books and literacy materials;
new text end

new text begin (4) gross motor activity equipment; and
new text end

new text begin (5) fine motor activity materials.
new text end

new text begin Subd. 5. new text end

new text begin Toddler activities. new text end

new text begin When caring for toddlers, a license holder must:
new text end

new text begin (1) provide the toddler with freedom of movement and freedom to explore outside the
crib or portable crib and allow the toddler to comfortably sit, crawl, toddle, walk, and play
according to the toddler's stage of development;
new text end

new text begin (2) talk to, listen to, and interact with the toddler to encourage language development;
new text end

new text begin (3) provide the toddler with activities that develop the child's fine and gross motor skills;
new text end

new text begin (4) give the toddler opportunities to stimulate the senses by providing a variety of
age-appropriate activities and objects to see, touch, feel, smell, hear, and taste; and
new text end

new text begin (5) provide activities to support the toddler to develop social-emotional skills.
new text end

new text begin Subd. 6. new text end

new text begin Toddler equipment. new text end

new text begin When caring for toddlers, a license holder must provide:
new text end

new text begin (1) clean and separate sleeping equipment for each toddler such as a mat, crib, cot, bed,
sofa, or sleeping bag that is cleaned and maintained as required in subdivision 10 and section
142I.15, subdivision 5;
new text end

new text begin (2) gross motor play equipment;
new text end

new text begin (3) books and literacy materials;
new text end

new text begin (4) fine motor, math, and science materials; and
new text end

new text begin (5) music, movement, and art activity materials.
new text end

new text begin Subd. 7. new text end

new text begin Preschooler activities. new text end

new text begin When caring for preschoolers, a license holder must:
new text end

new text begin (1) encourage conversation between the child and other children and adults;
new text end

new text begin (2) provide opportunity to play near and with other children, provide time and space for
individual and group play, allow for quiet times to talk or rest, and allow for unplanned
time and individual play time;
new text end

new text begin (3) foster understanding of personal and peer feelings and actions and allow for the
constructive release of a range of feelings through discussion or play;
new text end

new text begin (4) give assistance in toileting and provide time to carry out self-help skills and provide
opportunities to be responsible for activities;
new text end

new text begin (5) provide opportunities for each child to make decisions about daily activities and to
learn from the decision-making experiences;
new text end

new text begin (6) provide time and areas for age-appropriate gross motor play;
new text end

new text begin (7) provide learning, small muscle, manipulative, creative, or sensory activities; and
new text end

new text begin (8) read stories, look at books together, and talk about new words and ideas with the
child.
new text end

new text begin Subd. 8. new text end

new text begin Preschooler equipment. new text end

new text begin When caring for preschoolers, a license holder must
provide:
new text end

new text begin (1) a mat, bed, cot, sofa, or sleeping bag for each preschooler that is clean and maintained
as required under subdivision 10 and section 142I.15, subdivision 5;
new text end

new text begin (2) dramatic play equipment;
new text end

new text begin (3) books and literacy materials;
new text end

new text begin (4) fine motor materials;
new text end

new text begin (5) gross motor play equipment;
new text end

new text begin (6) math materials;
new text end

new text begin (7) science materials;
new text end

new text begin (8) music and movement materials; and
new text end

new text begin (9) art materials.
new text end

new text begin Subd. 9. new text end

new text begin School-age activities and equipment. new text end

new text begin When caring for school-age children,
a license holder must:
new text end

new text begin (1) provide opportunities for individual discussion about the day and planning for
activities;
new text end

new text begin (2) provide space, opportunities, and materials or equipment for games, activities, or
sports using the whole body;
new text end

new text begin (3) provide space, bedding materials, and opportunities for individual rest and quiet time
required under subdivision 10;
new text end

new text begin (4) allow increased freedom as the child demonstrates increased responsibility;
new text end

new text begin (5) provide opportunities for group experiences with other children;
new text end

new text begin (6) provide opportunities to develop or expand self-help skills or real-life experiences;
and
new text end

new text begin (7) provide opportunities and materials for creative and dramatic activity, arts, and crafts.
new text end

new text begin Subd. 10. new text end

new text begin Bedding. new text end

new text begin Clean, separate, and individual bedding such as sheets, towels,
blankets, or sleeping bags must be provided for each child in care. For children not using
cribs or portable cribs, the license holder must provide developmentally appropriate mats,
cots, or other sleep equipment that can be cleaned and disinfected according to section
142I.15. Mats, cots, and other sleep equipment used in the family child care program must
be in good condition and have no tears or holes and be covered in individual bedding.
new text end

new text begin Subd. 11. new text end

new text begin Separation of personal articles. new text end

new text begin Separate towels, wash cloths, water bottles,
and drinking cups must be used for each child and labeled appropriately.
new text end

Sec. 18.

new text begin [142I.18] INFANT SLEEP AND CRIB REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Safety. new text end

new text begin All license holders must follow the crib safety requirements in
section 142B.45 and the requirements to reduce the risk of sudden unexpected infant deaths
in section 142B.46. During routine licensing inspections and when investigating complaints
regarding alleged violations of this section, the commissioner must review the license
holder's documentation required under section 142B.45.
new text end

new text begin Subd. 2. new text end

new text begin Monitoring sleeping newborns and infants. new text end

new text begin (a) Caregivers must directly
supervise newborns once they are placed in a crib or portable crib.
new text end

new text begin (b) Caregivers must conduct in-person checks every 20 minutes for infants who are six
months old or younger once they have been placed in a crib or portable crib.
new text end

new text begin (c) Monitors may be used to supervise infants when the infants are sleeping. However,
the use of monitors does not replace the in-person checks required under paragraph (b).
When in use, monitors must meet the following conditions:
new text end

new text begin (1) the sound monitoring equipment must be able to pick up the sounds of all infants in
the separate room;
new text end

new text begin (2) the receiver of the sound monitoring equipment must be actively monitored by the
adult caregiver at all times; and
new text end

new text begin (3) sound monitoring equipment must be checked daily prior to use to ensure it is working
correctly. If the sound equipment is not functioning, infants must sleep in the same room
as the caregiver.
new text end

new text begin (d) If music or other sounds are played in the infant sleep area, the music or other sound
equipment must not be played at a volume that would prevent infants from being heard by
the caregiver. This paragraph applies to fans used to create sound.
new text end

Sec. 19.

new text begin [142I.19] HEALTH POLICIES AND SAFETY REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Handling and disposal of bodily fluids. new text end

new text begin (a) Surfaces that come in contact
with bodily fluids must be cleaned and disinfected as described in section 142I.15.
new text end

new text begin (b) Blood-contaminated material must be disposed of in a plastic bag and securely tied.
new text end

new text begin (c) If a provider has a child with a health care need that requires injectable medication,
they must have a sharps container available.
new text end

new text begin (d) A license holder must keep disposable gloves, disposal bags, and eye protection
available. Prescription eyewear does not meet the requirements of this paragraph.
new text end

new text begin Subd. 2. new text end

new text begin Emergencies. new text end

new text begin (a) A license holder must have a written child care emergency
plan for emergencies that require evacuation, sheltering, or other protection of children,
including for fires, natural disasters, intruders, or other threatening situations that may pose
a health or safety hazard to children. The plan must be written on a form prescribed by the
commissioner and updated at least annually. The plan must include:
new text end

new text begin (1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
new text end

new text begin (2) a designated relocation site and evacuation route;
new text end

new text begin (3) procedures for notifying a child's parent of an evacuation, shelter-in-place, or
lockdown, including procedures for reunification with families;
new text end

new text begin (4) accommodations for a child with a disability or a medical condition;
new text end

new text begin (5) procedures for storing a child's medically necessary medicine that facilitate easy
removal during an evacuation or relocation;
new text end

new text begin (6) procedures for continuing operations in the period during and after a crisis;
new text end

new text begin (7) procedures for communicating with local emergency management officials, law
enforcement officials, or other appropriate state or local authorities; and
new text end

new text begin (8) accommodations for infants and toddlers.
new text end

new text begin (b) The license holder must train each caregiver before the caregiver provides care and
at least annually on the child care emergency plan and document completion of this training.
new text end

new text begin (c) The child care emergency plan must be available for review by the agency during
inspections.
new text end

new text begin (d) In addition to the emergency plan required under paragraph (a), the license holder
must maintain preparedness for emergencies. An operable telephone must be located in the
family child care program. A cellular telephone may be used if it is sufficiently charged for
use at all times. Emergency phone numbers for parents must be readily available within the
program and taken on all emergency drills and evacuations.
new text end

new text begin (e) For severe storms and tornadoes, the license holder must have a designated area that
children can go to for shelter, a battery-operated flashlight, and a portable radio or TV
available. An application on a smartphone may be used to meet the requirements of this
paragraph. The license holder must follow guidance and instructions from the Emergency
Alert System or local alerting systems.
new text end

new text begin (f) The license holder must have a written fire escape plan that includes:
new text end

new text begin (1) the address of the family child care program;
new text end

new text begin (2) emergency phone numbers;
new text end

new text begin (3) a designated place to meet and confirm that all children in attendance are present;
new text end

new text begin (4) fire extinguisher locations;
new text end

new text begin (5) plans for monthly fire and storm drills; and
new text end

new text begin (6) escape routes to the outside from all levels used by children. In buildings with three
or more dwelling units, enclosed exit stairs must be indicated.
new text end

new text begin (g) The license holder must complete a monthly fire drill and have documentation of
completed fire drills available for review by the agency during inspections. The log must
include the date of the drill, the time of day the drill occurred, the name of the caregiver
who conducted the drill, and the length of time taken to evacuate all children safely.
new text end

new text begin Subd. 3. new text end

new text begin Transporting children. new text end

new text begin Children must only be transported in an enclosed
passenger vehicle capable of using car seats or a bus operated by a common carrier. When
transporting children in an enclosed passenger vehicle other than a bus operated by a common
carrier, a license holder must:
new text end

new text begin (1) ensure compliance with all seat belt and child passenger restraint system requirements
under sections 169.685 and 169.686;
new text end

new text begin (2) ensure that the child is fastened in a safety seat, seat belt, or harness appropriate to
the age and weight of the child and the restraint is installed and used in accordance with the
manufacturer's instructions;
new text end

new text begin (3) only use a vehicle licensed in accordance with the laws of the state and driven by a
caregiver with a current, valid motor vehicle license. A copy of the current driver's license,
for each caregiver who transports a child in care, must be kept at the family child care
program;
new text end

new text begin (4) receive written permission to transport children from parents prior to transport; and
new text end

new text begin (5) not allow a child to remain unattended in any vehicle.
new text end

new text begin Subd. 4. new text end

new text begin Pets and animals. new text end

new text begin When keeping pets or animals on the site of a family child
care program or allowing children to have contact with pets or animals, the primary provider
of care must:
new text end

new text begin (1) maintain the pets or animals in good health and proper housing. Pets or animals must
be appropriately immunized, and rabies vaccinations must be documented with a current
certificate from a veterinarian when appropriate;
new text end

new text begin (2) follow all local and state ordinances regarding the keeping, licensing, number, and
health status of animals;
new text end

new text begin (3) restrict any animals that pose a risk of injury or illness to children from indoor and
outdoor areas used by children;
new text end

new text begin (4) inform parents in writing of the presence of pets and animals on the premises. If pets
or animals are allowed to roam in areas occupied by children, the license holder must obtain
written acknowledgment from parents. Parents must be notified in writing prior to the
introduction of a new pet;
new text end

new text begin (5) keep any reptiles, amphibians, ferrets, poisonous animals, psittacine birds, exotic
animals, and wild animals inaccessible to children;
new text end

new text begin (6) not allow any contact between children and pets or animals that is not directly
supervised by an adult caregiver who is in close physical proximity and able to immediately
intervene if the child or animal shows distress or aggression or if the child is treating the
animal inappropriately;
new text end

new text begin (7) immediately intervene to protect a child when necessary;
new text end

new text begin (8) prevent pets and animals from accessing food preparation, storage, and serving areas
when food is being prepared or served, unless confined in a cage or kennel. Litter boxes
are prohibited in any food preparation, storage, or serving areas;
new text end

new text begin (9) keep indoor and outdoor areas accessible to children free of animal waste, including
litter boxes and their contents. Pet cages, enclosures, and aquariums accessible to children
must be located and cleaned away from food areas;
new text end

new text begin (10) immediately notify a parent of a child who receives an animal bite or scratch;
new text end

new text begin (11) notify the local animal authority whenever an individual is bitten by an animal on
the day of injury. The notification must be made before any steps are taken to euthanize the
animal, and the license holder must take reasonable steps to confine the animal; and
new text end

new text begin (12) notify the licensing agency within 24 hours of any animal bite from an animal
housed at the licensed family child care program.
new text end

new text begin Subd. 5. new text end

new text begin Pest control. new text end

new text begin (a) A license holder must take effective measures to protect the
family child care program against pests. The license holder must take steps to prevent
attracting pests and, if pests are present inside the family child care program, to remove or
exterminate the pests.
new text end

new text begin (b) Chemicals for pest control must not be applied in areas accessible to children when
children are present. The license holder must use chemicals according to manufacturer
instructions. Only approved, Environmental Protection Agency-registered insecticides,
rodenticides, and herbicides may be used. Application must strictly follow all label
instructions.
new text end

new text begin Subd. 6. new text end

new text begin Garbage. new text end

new text begin Garbage must be inaccessible to infants, toddlers, and preschoolers.
Garbage is considered inaccessible when the garbage container has a lid on.
new text end

new text begin Subd. 7. new text end

new text begin Firearms. new text end

new text begin (a) A license holder and all caregivers, parents, household members,
and visitors to the family child care program must comply with the requirements of this
subdivision during program hours.
new text end

new text begin (b) Ammunition and firearms must be stored in locked areas separated from areas
accessible to children. Firearms must be unloaded while stored.
new text end

new text begin (c) License holders must notify parents upon admission of the presence of firearms. If
a firearm is added to the property, a license holder must notify parents by the end of the
following business day.
new text end

new text begin (d) Loaded and unloaded firearms may be carried by a law enforcement official who is
a household member or a parent of a child in care and can document that their jurisdiction
requires ready and immediate access to the firearm.
new text end

new text begin Subd. 8. new text end

new text begin First aid kit. new text end

new text begin A license holder must have a first aid kit that is accessible to
caregivers in the family child care program at all times and taken on field trips. A caregiver
must have access to first aid instructions. The first aid kit must contain:
new text end

new text begin (1) adhesive bandages in assorted sizes and tape;
new text end

new text begin (2) sterile compresses;
new text end

new text begin (3) scissors;
new text end

new text begin (4) an ice bag or cold pack;
new text end

new text begin (5) a thermometer;
new text end

new text begin (6) mild liquid soap, hand sanitizer, or alcohol wipes; and
new text end

new text begin (7) disposable powder-free, latex-free gloves.
new text end

new text begin Subd. 9. new text end

new text begin Care of sick children. new text end

new text begin (a) If the child becomes sick while at the family child
care program, the child must be separated from other children in care to the extent possible
while still maintaining appropriate supervision, and the child's parent must be called
immediately.
new text end

new text begin (b) When notified a child in care is sick with a reportable disease under Minnesota Rules,
parts 4605.7040, 4605.7050, or 4605.7080, the license holder must:
new text end

new text begin (1) follow the family child care program policies on reportable or infectious diseases;
and
new text end

new text begin (2) notify the commissioner of health within 24 hours of receiving the parent or staff
report. Documentation of the notification must be kept at the family child care program.
new text end

new text begin (c) Children with a reportable disease in paragraph (b) must be excluded from the family
child care program for the length of time specified in the commissioner of health guidelines
on infectious diseases in child care settings, until the child can participate in routine activities
without more caregiver supervision than usual or until the child's health care provider
determines that exclusion is no longer necessary, whichever is longer.
new text end

new text begin Subd. 10. new text end

new text begin Medication administration requirements. new text end

new text begin (a) A license holder must obtain
written permission from the parent of a child prior to administering nonprescription medicine,
diapering products, sunscreen lotions, and insect repellents. These items must be administered
according to the manufacturer instructions unless written instructions for their use are
provided by a health care provider.
new text end

new text begin (b) A license holder must obtain and follow written instructions from a health care
provider or dentist prior to administering each prescribed medication. For the purposes of
this paragraph, "instructions" include the label on a medicine container with the child's name
and current prescription information.
new text end

Sec. 20.

new text begin [142I.20] FOOD AND NUTRITION.
new text end

new text begin Subdivision 1. new text end

new text begin Feeding. new text end

new text begin (a) Bottles of frozen breast milk or formula must be thawed
under warm running water, in a container of warm water, with a warming device, or in a
refrigerator. Thawed milk must be used, sent home, or disposed of the same day it is thawed.
new text end

new text begin (b) Plastic bottles, sippy cups, or other plastic food containers must never be warmed
in a microwave.
new text end

new text begin (c) Once bottle feeding is complete, any unused portion must be disposed of or stored
inaccessible to children in care. Bottles provided by or stored at the family child care program
must be washed prior to the next use.
new text end

new text begin (d) License holders must not serve food to infants or toddlers using polystyrene foam
(Styrofoam) cups, bowls, or plates.
new text end

new text begin Subd. 2. new text end

new text begin Milk. new text end

new text begin Cow's milk served to children in care must be pasteurized. Milk
alternatives that are nutritionally equivalent to cow's milk can be served in place of fluid
milk for children who require it.
new text end

new text begin Subd. 3. new text end

new text begin Drinking water. new text end

new text begin Drinking water from a safe source according to section 142I.16
must be readily available and offered throughout the day in indoor and outdoor areas.
new text end

new text begin Subd. 4. new text end

new text begin Meals and snacks. new text end

new text begin (a) Well-balanced meals and snacks must be supplied by
the license holder or parents daily. Every meal and snack served to children in care must
meet the requirements for a reimbursable meal per the Child and Adult Care Food Program,
regardless of whether the family child care program is registered with or participates in the
food program.
new text end

new text begin (b) Meals and snacks provided from the child's home must be labeled with the child's
name. When special diets are required for cultural, religious, or medical reasons, the provider
shall obtain written, dated, and signed instructions from the child's parent.
new text end

new text begin (c) Flexible feeding schedules must be provided for infants.
new text end

new text begin (d) Food, liquids, and bottles brought from home must be labeled with the first and last
name of each child.
new text end

new text begin Subd. 5. new text end

new text begin Food and liquid safety. new text end

new text begin (a) Food and liquids must be handled and stored
properly to prevent contamination and spoilage. Foods and liquids requiring refrigeration
must be refrigerated and maintained at no more than 40 degrees Fahrenheit. Food requiring
heating must be maintained at no less than 140 degrees Fahrenheit until ready to serve.
Frozen foods must be kept frozen until use and cooked according to the manufacturer's
instructions.
new text end

new text begin (b) Appliances used in food and liquid storage and preparation must be safe and clean.
new text end

new text begin (c) All canned food provided by the license holder must be commercially processed.
Locally grown fresh and frozen fruits and vegetables may be served at the family child care
program. Food canned or preserved at home and home-butchered meats, poultry, and fish
may not be served to children in care.
new text end

Sec. 21.

new text begin [142I.21] CHILDREN WITH SPECIAL HEALTH CARE NEEDS OR
DISABILITIES.
new text end

new text begin (a) For children with disabilities who require therapy, additional behavior guidance,
programming, or alternative accommodations, the parents or health care provider must
provide written instructions for the license holder to follow.
new text end

new text begin (b) All activities must be designed to include all children unless a specific medical
contraindication exists.
new text end

new text begin (c) All caregivers responsible for the care of a child with a disability or special health
care need shall demonstrate to the parents and the agency how the child's specific needs are
being met.
new text end

new text begin (d) Before enrolling a child for care, the license holder must obtain documentation of
any known allergies on a form prescribed by the commissioner. The form must be readily
available to all caregivers and reviewed by the license holder and each caregiver annually
and when any updates or changes are made.
new text end

new text begin (e) If a child has a known allergy, the primary provider of care must maintain current
information about the allergy in the child's record, ensure that required medication is on
hand, and follow the allergy plan signed by a treating medical professional. The child's plan
must include:
new text end

new text begin (1) a description of the allergy;
new text end

new text begin (2) specific triggers and avoidance techniques;
new text end

new text begin (3) symptoms of an allergic reaction; and
new text end

new text begin (4) procedures for responding to an allergic reaction, including any medication and
dosage to be administered in an emergency situation.
new text end

new text begin (f) A caregiver must call emergency medical services when epinephrine is administered
to a child in the license holder's care.
new text end

new text begin (g) The caregiver must contact the child's parent immediately after any instance of
exposure to an allergen or allergic reaction.
new text end

Sec. 22.

new text begin [142I.22] COMMUNITY-BASED FAMILY CHILD CARE.
new text end

new text begin (a) A family child care program located on a site other than the license holder's primary
residence must be licensed under this section if:
new text end

new text begin (1) the family child care program is conducted in a dwelling on a residential lot or in a
commercial space other than the license holder's primary residence;
new text end

new text begin (2) the license holder is an organization, employer, church, or religious entity; or
new text end

new text begin (3) the license holder is a community collaborative child care provider. For purposes of
this clause, a "community collaborative child care provider" is a provider participating in
a cooperative agreement with a community action agency as defined in section 142F.301.
new text end

new text begin (b) Programs licensed under paragraph (a) must comply with local zoning regulations,
the applicable State Fire Code, and the State Building Code. Any age and capacity limitations
established by the fire code must be printed on the license.
new text end

new text begin (c) A license holder under this section must designate at least one primary provider of
care as follows:
new text end

new text begin (1) one individual for programs operating eight or fewer hours per day;
new text end

new text begin (2) up to two individuals for programs operating more than eight but no more than 16
hours per day; and
new text end

new text begin (3) up to three individuals for programs operating more than 16 hours per day.
new text end

new text begin (d) The license issued under this section must include the statement: "This
community-based family child care license holder is not licensed as a child care center."
new text end

new text begin (e) The commissioner may approve up to four licenses at the same location or under one
contiguous roof if each license holder independently meets all applicable requirements.
Each licensed family child care program must operate as a distinct family child care program
within its licensed capacity, age, and ratio limits as determined by the state fire marshal.
Only one license may be issued per single-family residential home.
new text end

new text begin (f) The license holder must notify the commissioner in writing before any change in the
persons designated as primary providers of care. A primary provider of care is authorized
to communicate with the commissioner on licensing matters.
new text end

new text begin (g) Each license holder must complete the commissioner-developed community-based
family child care program plan at the time of initial application, review the plan each calendar
year, and update the plan before any change in program information occurs.
new text end

Sec. 23. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes must make any necessary changes to statutory cross-references
to reflect the changes in this article.
new text end

new text begin (b) The revisor of statutes shall replicate the statutory history for all sections and
subdivisions repealed and reenacted in this article.
new text end

Sec. 24. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Rules, parts 9502.0300; 9502.0315; 9502.0325; 9502.0335; 9502.0341;
9502.0345; 9502.0355; 9502.0365; 9502.0367; 9502.0375; 9502.0395; 9502.0405;
9502.0415; 9502.0425; 9502.0435; and 9502.0445, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2024, sections 142B.01, subdivision 13; 142B.41, subdivisions
4 and 8; 142B.62; 142B.70, subdivisions 1, 2, 3, 4, 5, 6, 9, 10, 11, and 12; 142B.71; 142B.72;
142B.74; 142B.75; 142B.76; and 142B.77, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2025 Supplement, sections 142B.41, subdivision 9; and 142B.70,
subdivisions 7 and 8, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2027.
new text end

APPENDIX

Repealed Minnesota Statutes: 26-07366

142B.01 DEFINITIONS.

Subd. 11.

Drop-in child care program.

"Drop-in child care program" means a nonresidential program of child care in which children participate on a onetime only or occasional basis up to a maximum of 90 hours per child, per month. A drop-in child care program must be licensed under Minnesota Rules governing child care centers. A drop-in child care program must meet one of the following requirements to qualify for the rule exemptions specified in section 142B.41, subdivision 6:

(1) the drop-in child care program operates in a child care center which houses no child care program except the drop-in child care program;

(2) the drop-in child care program operates in the same child care center but not during the same hours as a regularly scheduled ongoing child care program with a stable enrollment; or

(3) the drop-in child care program operates in a child care center at the same time as a regularly scheduled ongoing child care program with a stable enrollment but the program's activities, except for bathroom use and outdoor play, are conducted separately from each other.

Subd. 12.

Experience.

For purposes of child care centers, "experience" means paid or unpaid employment:

(1) caring for children as a teacher, assistant teacher, aide, or student intern:

(i) in a licensed child care center, a licensed family day care or group family day care, or a Tribally licensed child care program in any United States state or territory; or

(ii) in a public or nonpublic school;

(2) caring for children as a staff person or unsupervised volunteer in a certified, license-exempt child care center under chapter 142C; or

(3) providing direct contact services in a home or residential facility serving children with disabilities that requires a background study under section 245C.03.

Subd. 13.

Family day care and group family day care child age classifications.

(a) For the purposes of family day care and group family day care licensing under this chapter, the following terms have the meanings given them in this subdivision.

(b) "Newborn" means a child between birth and six weeks old.

(c) "Infant" means a child who is at least six weeks old but less than 12 months old.

(d) "Toddler" means a child who is at least 12 months old but less than 24 months old, except that for purposes of specialized infant and toddler family and group family day care, "toddler" means a child who is at least 12 months old but less than 30 months old.

(e) "Preschooler" means a child who is at least 24 months old up to school age.

(f) "School age" means a child who is at least five years of age, but is younger than 11 years of age.

Subd. 25.

School-age child.

"School-age child," for programs licensed or required to be licensed as a child care center, means a child who is at least of sufficient age to have attended the first day of kindergarten, or is eligible to enter kindergarten within the next four months, but is younger than 13 years of age.

Subd. 26.

School-age child care program.

"School-age child care program" means a program licensed or required to be licensed as a child care center, serving more than ten children with the primary purpose of providing child care for school age children.

Subd. 27.

Supervision.

(a) For purposes of licensed child care centers, "supervision" means when a program staff person:

(1) is accountable for the child's care;

(2) can intervene to protect the health and safety of the child; and

(3) is within sight and hearing of the child at all times except as described in paragraphs (b) to (e).

(b) When an infant is placed in a crib room to sleep, supervision occurs when a program staff person is within sight or hearing of the infant. When supervision of a crib room is provided by sight or hearing, the center must have a plan to address the other supervision components.

(c) When a single school-age child uses the restroom within the licensed space, supervision occurs when a program staff person has knowledge of the child's activity and location and checks on the child at least every five minutes. When a school-age child uses the restroom outside the licensed space, including but not limited to field trips, supervision occurs when staff accompany children to the restroom.

(d) When a school-age child leaves the classroom but remains within the licensed space to deliver or retrieve items from the child's personal storage space, supervision occurs when a program staff person has knowledge of the child's activity and location and checks on the child at least every five minutes.

(e) When a single preschooler uses an individual, private restroom within the classroom with the door closed, supervision occurs when a program staff person has knowledge of the child's activity and location, can hear the child, and checks on the child at least every five minutes.

142B.41 SPECIAL CONDITIONS FOR NONRESIDENTIAL PROGRAMS.

Subd. 4.

Special family child care homes.

(a) Nonresidential child care programs serving 14 or fewer children that are conducted at a location other than the license holder's own residence shall be licensed under this section and the rules governing family child care or group family child care if:

(1) the license holder is the primary provider of care and the nonresidential child care program is conducted in a dwelling that is located on a residential lot;

(2) the license holder is an employer who may or may not be the primary provider of care, and the purpose for the child care program is to provide child care services to children of the license holder's employees;

(3) the license holder is a church or religious organization;

(4) the license holder is a community collaborative child care provider. For purposes of this subdivision, a community collaborative child care provider is a provider participating in a cooperative agreement with a community action agency as defined in section 142F.301;

(5) the license holder is a not-for-profit agency that provides child care in a dwelling located on a residential lot and the license holder maintains two or more contracts with community employers or other community organizations to provide child care services. The county licensing agency may grant a capacity variance to a license holder licensed under this clause to exceed the licensed capacity of 14 children by no more than five children during transition periods related to the work schedules of parents, if the license holder meets the following requirements:

(i) the program does not exceed a capacity of 14 children more than a cumulative total of four hours per day;

(ii) the program meets a one to seven staff-to-child ratio during the variance period;

(iii) all employees receive at least an extra four hours of training per year than required in the rules governing family child care each year;

(iv) the facility has square footage required per child under Minnesota Rules, part 9502.0425;

(v) the program is in compliance with local zoning regulations;

(vi) the program is in compliance with the applicable fire code as follows:

(A) if the program serves more than five children older than 2-1/2 years of age, but no more than five children 2-1/2 years of age or less, the applicable fire code is educational occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2020, Section 202; or

(B) if the program serves more than five children 2-1/2 years of age or less, the applicable fire code is Group I-4 Occupancy, as provided in the Minnesota State Fire Code 2020, Section 202, unless the rooms in which the children 2-1/2 years of age or younger are cared for are located on a level of exit discharge and each of these child care rooms has an exit door directly to the exterior, then the applicable fire code is Group E Occupancy, as provided in the Minnesota State Fire Code 2020, Section 202; and

(vii) any age and capacity limitations required by the fire code inspection and square footage determinations shall be printed on the license; or

(6) the license holder is the primary provider of care and has located the licensed child care program in a commercial space, if the license holder meets the following requirements:

(i) the program is in compliance with local zoning regulations;

(ii) the program is in compliance with the applicable fire code as follows:

(A) if the program serves more than five children older than 2-1/2 years of age, but no more than five children 2-1/2 years of age or less, the applicable fire code is educational occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2020, Section 202; or

(B) if the program serves more than five children 2-1/2 years of age or less, the applicable fire code is Group I-4 Occupancy, as provided under the Minnesota State Fire Code 2020, Section 202, unless the rooms in which the children 2-1/2 years of age or younger are cared for are located on a level of exit discharge and each of these child care rooms has an exit door directly to the exterior, then the applicable fire code is Group E Occupancy, as provided in the Minnesota State Fire Code 2020, Section 202;

(iii) any age and capacity limitations required by the fire code inspection and square footage determinations are printed on the license; and

(iv) the license holder prominently displays the license issued by the commissioner which contains the statement "This special family child care provider is not licensed as a child care center."

(b) Notwithstanding Minnesota Rules, part 9502.0335, subpart 12, the commissioner may issue up to four licenses to an organization licensed under paragraph (a), clause (2), (3), or (5). Each license must have its own primary provider of care as required under paragraph (d). Each license must operate as a distinct and separate program in compliance with all applicable laws and regulations.

(c) For licenses issued under paragraph (a), clause (2), (3), (4), (5), or (6), the commissioner may approve up to four licenses at the same location or under one contiguous roof if each license holder is able to demonstrate compliance with all applicable rules and laws. Each licensed program must operate as a distinct program and within the capacity, age, and ratio distributions of each license.

(d) For a license issued under paragraph (a), clause (2), (3), or (5), the license holder must designate a person to be the primary provider of care at the licensed location on a form and in a manner prescribed by the commissioner. The license holder shall notify the commissioner in writing before there is a change of the person designated to be the primary provider of care. The primary provider of care:

(1) must be the person who will be the provider of care at the program and present during the hours of operation;

(2) must operate the program in compliance with applicable laws and regulations under this chapter and Minnesota Rules, chapter 9502;

(3) is considered a child care background study subject as defined in section 245C.02, subdivision 6a, and must comply with background study requirements in chapter 245C;

(4) must complete the training that is required of license holders in section 142B.70; and

(5) is authorized to communicate with the county licensing agency and the department on matters related to licensing.

(e) For any license issued under this subdivision, the license holder must ensure that any other caregiver, substitute, or helper who assists in the care of children meets the training requirements in section 142B.70 and background study requirements under chapter 245C.

Subd. 6.

Drop-in and school age child care programs.

(a) Except as expressly set forth in this subdivision, drop-in and school age child care programs must be licensed as a drop-in or school age program under the rules governing child care programs operated in a center.

(b) Drop-in and school age child care programs are exempt from the following Minnesota Rules:

(1) part 9503.0040;

(2) part 9503.0045, subpart 1, items F and G;

(3) part 9503.0050, subpart 6, except for children less than 2-1/2 years old;

(4) one-half the requirements of part 9503.0060, subpart 4, item A, subitems (2), (5), and (8), subpart 5, item A, subitems (2), (3), and (7), and subpart 6, item A, subitems (3) and (6);

(5) part 9503.0070; and

(6) part 9503.0090, subpart 2.

(c) A drop-in and school age child care program must be operated under the supervision of a person qualified as a director and a teacher.

(d) A drop-in and school age child care program must have at least two persons on staff whenever the program is operating, except that the commissioner may permit variances from this requirement under specified circumstances for parent cooperative programs, as long as all other staff-to-child ratios are met.

(e) Whenever the total number of children present to be cared for at a drop-in child care center is more than 20, children that are younger than age 2-1/2 must be in a separate group. This group may contain children up to 60 months old. This group must be cared for in an area that is physically separated from older children.

(f) A drop-in child care program must maintain a minimum staff ratio for children age 2-1/2 or greater of one staff person for each ten children. A school age child care program must maintain a minimum staff ratio of one staff person for every 15 children.

(g) If the drop-in child care program has additional staff who are on call as a mandatory condition of their employment, the minimum child-to-staff ratio may be exceeded only for children age 2-1/2 or greater, by a maximum of four children, for no more than 20 minutes while additional staff are in transit.

(h) In a drop-in child care program, the minimum staff-to-child ratio for infants up to 16 months of age is one staff person for every four infants. The minimum staff-to-child ratio for children age 17 months to 30 months is one staff for every seven children.

(i) In drop-in care programs that serve both infants and older children, children up to age 2-1/2 may be supervised by assistant teachers, as long as other staff are present in appropriate ratios.

(j) The minimum staff distribution pattern for a drop-in child care program serving children age 2-1/2 or greater and a school age child care program serving school age children is: the first staff member must be a teacher; the second, third, and fourth staff members must have at least the qualifications of a child care aide; the fifth staff member must have at least the qualifications of an assistant teacher; the sixth, seventh, and eighth staff members must have at least the qualifications of a child care aide; and the ninth staff person must have at least the qualifications of an assistant teacher.

(k) A drop-in child care program may care for siblings 16 months or older together in any group. For purposes of this subdivision, sibling is defined as sister or brother, half sister or half brother, or stepsister or stepbrother.

(l) The commissioner may grant a variance to any of the requirements in paragraphs (a) to (k), as long as the health and safety of the persons served by the program are not affected. The request for a variance shall comply with the provisions in section 142B.10, subdivision 16.

Subd. 7.

Experienced aides; child care centers.

(a) An individual employed as an aide at a child care center may work with children without being directly supervised for an amount of time that does not exceed 25 percent of the child care center's daily hours if:

(1) a teacher is in the facility;

(2) the individual is at least 20 years old; and

(3) the individual has at least 4,160 hours of child care experience as a staff member in a licensed child care center or as the license holder of a family day care home, 120 days of which must be in the employment of the current company.

(b) A child care center that uses experienced aides under this subdivision must notify parents or guardians by posting the notification in each classroom that uses experienced aides, identifying which staff member is the experienced aide. Records of experienced aide usage must be kept on site and given to the commissioner upon request.

(c) A child care center may not use the experienced aide provision for one year following two determined experienced aide violations within a one-year period.

(d) A child care center may use one experienced aide per every four full-time child care classroom staff.

Subd. 8.

Portable wading pools; family day care and group family day care providers.

A portable wading pool as defined in section 144.1222 may not be used by a child at a family day care or group family day care home or at a home at which child care services are provided under section 142B.05, subdivision 2, paragraph (a), clause (2), unless the parent or legal guardian of the child has provided written consent. The written consent shall include a statement that the parent or legal guardian has received and read material provided by the Department of Health to the Department of Children, Youth, and Families for distribution to all family day care or group family day care homes and the general public on the human services Internet website related to the risk of disease transmission as well as other health risks associated with the use of portable wading pools.

Subd. 9.

Swimming pools; family day care and group family day care providers.

(a) This subdivision governs swimming pools located at family day care or group family day care homes licensed under Minnesota Rules, chapter 9502. This subdivision does not apply to portable wading pools or whirlpools located at family day care or group family day care homes licensed under Minnesota Rules, chapter 9502. For a provider to be eligible to allow a child cared for at the family day care or group family day care home to use the swimming pool located at the home, the provider must not have had a licensing sanction under section 142B.18 or 245A.07 or a correction order or conditional license under section 142B.16 or 245A.06 relating to the supervision or health and safety of children during the prior 24 months, and must satisfy the following requirements:

(1) notify the county agency before initial use of the swimming pool and annually, thereafter;

(2) obtain written consent from a child's parent or legal guardian allowing the child to use the swimming pool and renew the parent or legal guardian's written consent at least annually. The written consent must include a statement that the parent or legal guardian has received and read materials provided by the Department of Health to the Department of Children, Youth, and Families for distribution to all family day care or group family day care homes and the general public on the human services Internet website related to the risk of disease transmission as well as other health risks associated with swimming pools. The written consent must also include a statement that the Department of Health, Department of Children, Youth, and Families, and county agency will not monitor or inspect the provider's swimming pool to ensure compliance with the requirements in this subdivision;

(3) enter into a written contract with a child's parent or legal guardian and renew the written contract annually. The terms of the written contract must specify that the provider agrees to perform all of the requirements in this subdivision;

(4) attend and successfully complete a swimming pool operator training course once every five years. Acceptable training courses are:

(i) the National Swimming Pool Foundation Certified Pool Operator course;

(ii) the National Spa and Pool Institute Tech I and Tech II courses (both required); or

(iii) the National Recreation and Park Association Aquatic Facility Operator course;

(5) require a caregiver trained in first aid and adult and child cardiopulmonary resuscitation to supervise and be present at the swimming pool with any children in the pool;

(6) toilet all potty-trained children before they enter the swimming pool;

(7) require all children who are not potty-trained to wear swim diapers while in the swimming pool;

(8) if fecal material enters the swimming pool water, add three times the normal shock treatment to the pool water to raise the chlorine level to at least 20 parts per million, and close the pool to swimming for the 24 hours following the entrance of fecal material into the water or until the water pH and disinfectant concentration levels have returned to the standards specified in clause (10), whichever is later;

(9) prevent any person from entering the swimming pool who has an open wound or any person who has or is suspected of having a communicable disease;

(10) maintain the swimming pool water at a pH of not less than 7.2 and not more than 8.0, maintain the disinfectant concentration between two and five parts per million for chlorine or between 2.3 and 4.5 parts per million for bromine, and maintain a daily record of the swimming pool's operation with pH and disinfectant concentration readings on days when children cared for at the family day care or group family day care home are present;

(11) have a disinfectant feeder or feeders;

(12) have a recirculation system that will clarify and disinfect the swimming pool volume of water in ten hours or less;

(13) maintain the swimming pool's water clarity so that an object on the pool floor at the pool's deepest point is easily visible;

(14) comply with the provisions of the Abigail Taylor Pool Safety Act in section 144.1222, subdivisions 1c and 1d;

(15) have in place and enforce written safety rules and swimming pool policies;

(16) have in place at all times a safety rope that divides the shallow and deep portions of the swimming pool;

(17) satisfy any existing local ordinances regarding swimming pool installation, decks, and fencing;

(18) maintain a water temperature of not more than 104 degrees Fahrenheit and not less than 70 degrees Fahrenheit; and

(19) for lifesaving equipment, have a United States Coast Guard-approved life ring attached to a rope, an exit ladder, and a shepherd's hook available at all times to the caregiver supervising the swimming pool.

The requirements of clauses (5), (16), and (18) only apply at times when children cared for at the family day care or group family day care home are present.

(b) A violation of paragraph (a), clauses (1) to (3), is grounds for a sanction under section 142B.18 or a correction order or conditional license under section 142B.16.

(c) If a provider under this subdivision receives a licensing sanction under section 142B.18 or 245A.07 or a correction order or a conditional license under section 142B.16 or 245A.06 relating to the supervision or health and safety of children, the provider is prohibited from allowing a child cared for at the family day care or group family day care home to continue to use the swimming pool located at the home.

Subd. 10.

Attendance records for publicly funded services.

(a) A child care center licensed under this chapter and according to Minnesota Rules, chapter 9503, must maintain documentation of actual attendance for each child receiving care for which the license holder is reimbursed by a governmental program. The records must be accessible to the commissioner during the program's hours of operation, they must be completed on the actual day of attendance, and they must include:

(1) the first and last name of the child;

(2) the time of day that the child was dropped off; and

(3) the time of day that the child was picked up.

(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. The records must be accessible to the commissioner during the program's hours of operation, they must be completed on the actual day of attendance, and they must include:

(1) the first and last name of the child;

(2) the time of day that the child was dropped off; and

(3) the time of day that the child was picked up.

Subd. 11.

Parental access in child care programs.

An enrolled child's parent or legal guardian must be allowed access to the parent's or legal guardian's child at any time while the child is in care.

Subd. 12.

Valid driver's license.

Notwithstanding any law to the contrary, when a licensed child care center provides transportation for children or contracts to provide transportation for children, a person who has a current, valid driver's license appropriate to the vehicle driven may transport the child.

Subd. 13.

Reusable water bottles or cups.

Notwithstanding any law to the contrary, a licensed child care center may provide drinking water to a child in a reusable water bottle or reusable cup if the center develops and ensures implementation of a written policy that at a minimum includes the following procedures:

(1) each day the water bottle or cup is used, the child care center cleans and sanitizes the water bottle or cup using procedures that comply with the Food Code under Minnesota Rules, chapter 4626, or allows the child's parent or legal guardian to bring the water bottle or cup home to be cleaned and sanitized each day the water bottle or cup is used;

(2) a water bottle or cup is assigned to a specific child and labeled with the child's first and last name;

(3) water bottles and cups are stored in a manner that reduces the risk of a child using the wrong water bottle or cup; and

(4) a water bottle or cup is used only for water.

142B.54 REQUIREMENTS; MALTREATMENT OF MINORS OR VULNERABLE ADULTS.

Subdivision 1.

Maltreatment of minors internal review.

Except for family child care settings and foster care for children in the license holder's residence, license holders serving children shall:

(1) establish and maintain policies and procedures to ensure that an internal review is completed within 30 calendar days and that corrective action is taken if necessary to protect the health and safety of children in care when the facility has reason to know that an internal or external report of alleged or suspected maltreatment has been made. The review must include an evaluation of whether:

(i) related policies and procedures were followed;

(ii) the policies and procedures were adequate;

(iii) there is a need for additional staff training;

(iv) the reported event is similar to past events with the children or the services involved; and

(v) there is a need for corrective action by the license holder to protect the health and safety of children in care.

Based on the results of this review, the license holder must develop, document, and implement a corrective action plan designed to correct current lapses and prevent future lapses in performance by individuals or the license holder, if any;

(2) identify the primary and secondary person or position who will ensure that, when required, internal reviews are completed. The secondary person shall be involved when there is reason to believe that the primary person was involved in the alleged or suspected maltreatment; and

(3) document and make internal reviews accessible to the commissioner immediately upon the commissioner's request. For the purposes of this section, the documentation provided to the commissioner by the license holder may consist of a completed checklist that verifies completion of each of the requirements of the review.

Subd. 2.

Child care centers; risk reduction plan.

(a) Child care centers licensed under this chapter and Minnesota Rules, chapter 9503, must develop a risk reduction plan that identifies the general risks to children served by the child care center. The license holder must establish procedures to minimize identified risks, train staff on the procedures, and annually review the procedures.

(b) The risk reduction plan must include an assessment of risk to children the center serves or intends to serve and identify specific risks based on the outcome of the assessment. The assessment of risk must be based on the following:

(1) an assessment of the risks presented by the physical plant where the licensed services are provided, including an evaluation of the following factors: the condition and design of the facility and its outdoor space, bathrooms, storage areas, and accessibility of medications and cleaning products that are harmful to children when children are not supervised and the existence of areas that are difficult to supervise; and

(2) an assessment of the risks presented by the environment for each facility and for each site, including an evaluation of the following factors: the type of grounds and terrain surrounding the building and the proximity to hazards, busy roads, and publicly accessed businesses.

(c) The risk reduction plan must include a statement of measures that will be taken to minimize the risk of harm presented to children for each risk identified in the assessment required under paragraph (b) related to the physical plant and environment. At a minimum, the stated measures must include the development and implementation of specific policies and procedures or reference to existing policies and procedures that minimize the risks identified.

(d) In addition to any program-specific risks identified in paragraph (b), the plan must include development and implementation of specific policies and procedures or refer to existing policies and procedures that minimize the risk of harm or injury to children, including:

(1) closing children's fingers in doors, including cabinet doors;

(2) leaving children in the community without supervision;

(3) children leaving the facility without supervision;

(4) caregiver dislocation of children's elbows;

(5) burns from hot food or beverages, whether served to children or being consumed by caregivers, and the devices used to warm food and beverages;

(6) injuries from equipment, such as scissors and glue guns;

(7) sunburn;

(8) feeding children foods to which they are allergic;

(9) children falling from changing tables; and

(10) children accessing dangerous items or chemicals or coming into contact with residue from harmful cleaning products.

(e) The plan shall prohibit the accessibility of hazardous items to children.

(f) The plan must include specific policies and procedures to ensure adequate supervision of children at all times as defined under section 142B.01, subdivision 27, with particular emphasis on:

(1) times when children are transitioned from one area within the facility to another;

(2) nap-time supervision, including infant crib rooms as specified under section 142B.01, subdivision 27, which requires that when an infant is placed in a crib to sleep, supervision occurs when a staff person is within sight or hearing of the infant. When supervision of a crib room is provided by sight or hearing, the center must have a plan to address the other supervision components;

(3) child drop-off and pick-up times;

(4) supervision during outdoor play and on community activities, including but not limited to field trips and neighborhood walks;

(5) supervision of children in hallways;

(6) supervision of school-age children when using the restroom and visiting the child's personal storage space; and

(7) supervision of preschool children when using an individual, private restroom within the classroom.

Subd. 3.

Yearly review of risk reduction plan.

The license holder must review the risk reduction plan each calendar year and document the review. When conducting the review, the license holder must consider incidents that have occurred in the center since the last review, including:

(1) the assessment factors in the plan;

(2) the internal reviews conducted under this section, if any;

(3) substantiated maltreatment findings, if any; and

(4) incidents that caused injury or harm to a child, if any, that occurred since the last review.

Following any change to the risk reduction plan, the license holder must inform staff persons, under the control of the license holder, of the changes in the risk reduction plan, and document that the staff were informed of the changes.

142B.62 CHILD CARE LICENSE HOLDER INSURANCE.

(a) A license holder must provide a written notice to all parents or guardians of all children to be accepted for care prior to admission stating whether the license holder has liability insurance. This notice may be incorporated into and provided on the admission form used by the license holder.

(b) If the license holder has liability insurance:

(1) the license holder shall inform parents in writing that a current certificate of coverage for insurance is available for inspection to all parents or guardians of children receiving services and to all parents seeking services from the family child care program;

(2) the notice must provide the parent or guardian with the date of expiration or next renewal of the policy; and

(3) upon the expiration of the policy or a change in coverage, the license holder must provide a new written notice informing all parents or guardians of children receiving services of the change and indicating whether the insurance policy has lapsed.

If a license holder has a continuous insurance policy that renews each year, the license holder may indicate the policy's renewal date in the initial written notice to parents and guardians. This initial written notice shall remain valid and no further notices are required until the insurance coverage changes or the policy lapses.

(c) If the license holder does not have liability insurance, the license holder must provide an annual notice, on a form developed and made available by the commissioner, to the parents or guardians of children in care indicating that the license holder does not carry liability insurance.

(d) The license holder must notify all parents and guardians in writing immediately of any change in insurance status.

(e) The license holder must make available upon request the certificate of liability insurance to the parents of children in care, to the commissioner, and to county licensing agents.

(f) The license holder must document, with the signature of the parent or guardian, that the parent or guardian received the notices required by this section.

142B.65 CHILD CARE CENTER TRAINING REQUIREMENTS.

Subdivision 1.

Orientation.

(a) The child care center license holder must ensure that the director, staff persons, substitutes, and unsupervised volunteers are given orientation training and successfully complete the training before starting assigned duties. The orientation training must include information about:

(1) the center's philosophy, child care program, and procedures for maintaining health and safety according to section 142B.66 and Minnesota Rules, part 9503.0140, and handling emergencies and accidents according to Minnesota Rules, part 9503.0110;

(2) specific job responsibilities;

(3) the behavior guidance standards in Minnesota Rules, part 9503.0055;

(4) the reporting responsibilities in chapter 260E and Minnesota Rules, part 9503.0130;

(5) the center's drug and alcohol policy under section 142B.10, subdivision 1, paragraph (c);

(6) the center's risk reduction plan as required under section 142B.54, subdivision 2;

(7) at least one-half hour of training on the standards under section 142B.46 and on reducing the risk of sudden unexpected infant death as required in subdivision 6, if applicable;

(8) at least one-half hour of training on the risk of abusive head trauma as required for the director and staff under subdivision 7, if applicable; and

(9) training required by a child's individual child care program plan as required under Minnesota Rules, part 9503.0065, subpart 3, if applicable.

(b) In addition to paragraph (a), before having unsupervised direct contact with a child, the director and staff persons within the first 90 days of employment, and substitutes and unsupervised volunteers within 90 days after the first date of direct contact with a child, must complete:

(1) pediatric first aid, in accordance with subdivision 4; and

(2) pediatric cardiopulmonary resuscitation, in accordance with subdivision 5.

(c) In addition to paragraph (b), the director and staff persons within the first 90 days of employment, and substitutes and unsupervised volunteers within 90 days from the first date of direct contact with a child, must complete training in child development, in accordance with subdivision 3.

(d) The license holder must ensure that documentation, as required in subdivision 10, identifies the number of hours completed for each topic with a minimum training time identified, if applicable, and that all required content is included.

(e) Training in this subdivision must not be used to meet in-service training requirements in subdivision 9.

(f) Training completed within the previous 12 months under paragraphs (a), clauses (7) and (8), and (c) are transferable to another child care center.

Subd. 2.

Definitions.

(a) For the purposes of this section, the following terms have the meanings given.

(b) "Substitute" means an adult who is temporarily filling a position as a director, teacher, assistant teacher, or aide in a licensed child care center for less than 240 hours total in a calendar year due to the absence of a regularly employed staff person.

(c) "Staff person" means an employee of a child care center who provides direct contact services to children.

(d) "Unsupervised volunteer" means an individual who:

(1) assists in the care of a child in care;

(2) is not under the continuous direct supervision of a staff person; and

(3) is not employed by the child care center.

Subd. 3.

Child development and learning training.

(a) The director and all staff persons, substitutes, and unsupervised volunteers shall complete child development and learning training within the first 90 days of employment. The director and staff persons, not including substitutes, must complete at least two hours of training on child development and learning. The training for substitutes and unsupervised volunteers is not required to be of a minimum length. For purposes of this subdivision, "child development and learning training" means any training in Knowledge and Competency Area I: Child Development and Learning, which is training in understanding how children develop physically, cognitively, emotionally, and socially and learn as part of the children's family, culture, and community.

(b) Notwithstanding paragraph (a), individuals are exempt from this requirement if they:

(1) have taken a three-credit college course on early childhood development within the past five years;

(2) have received a baccalaureate or master's degree in early childhood education or school-age child care within the past five years;

(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an early childhood special education teacher, or an elementary teacher with a kindergarten endorsement; or

(4) have received a baccalaureate degree with a Montessori certificate within the past five years.

(c) The director and staff persons, not including substitutes, must complete at least two hours of child development and learning training every second calendar year.

(d) Substitutes and unsupervised volunteers must complete child development and learning training every second calendar year. There is no minimum number of training hours required.

(e) Except for training required under paragraph (a), training completed under this subdivision may be used to meet the in-service training requirements under subdivision 9.

Subd. 4.

First aid.

(a) Unless training has been completed within the previous two years, the director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric first aid training prior to having unsupervised direct contact with a child, but not to exceed the first 90 days of employment.

(b) Pediatric first aid training must be repeated at least every second calendar year. First aid training under this subdivision must be provided by an individual approved as a first aid instructor and must not be used to meet in-service training requirements under subdivision 9.

Subd. 5.

Cardiopulmonary resuscitation.

(a) Unless training has been completed within the previous two years, the director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric cardiopulmonary resuscitation (CPR) training that meets the requirements of this subdivision. Pediatric CPR training must be completed prior to having unsupervised direct contact with a child, but not to exceed the first 90 days of employment.

(b) Pediatric CPR training must be provided by an individual approved to provide pediatric CPR instruction.

(c) The pediatric CPR training must:

(1) cover CPR techniques for infants and children and the treatment of obstructed airways;

(2) include instruction, hands-on practice, and an in-person, observed skills assessment under the direct supervision of a CPR instructor; and

(3) be developed by the American Heart Association, the American Red Cross, or another organization that uses nationally recognized, evidence-based guidelines for CPR.

(d) Pediatric CPR training must be repeated at least once every second calendar year.

(e) Pediatric CPR training in this subdivision must not be used to meet in-service training requirements under subdivision 9.

Subd. 6.

Sudden unexpected infant death training.

(a) Before caring for infants, the director, staff persons, substitutes, unsupervised volunteers, and any other volunteers must receive training on the standards under section 142B.46 and on reducing the risk of sudden unexpected infant death during orientation and each calendar year thereafter.

(b) Sudden unexpected infant death reduction training required under this subdivision must be at least one-half hour in length. At a minimum, the training must address the risk factors related to sudden unexpected infant death, means of reducing the risk of sudden unexpected infant death in child care, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death.

(c) Except if completed during orientation, training taken under this subdivision may be used to meet the in-service training requirements under subdivision 9.

Subd. 7.

Abusive head trauma training.

(a) Before caring for children under school age, the director, staff persons, substitutes, and unsupervised volunteers must receive training on the risk of abusive head trauma during orientation and each calendar year thereafter.

(b) Abusive head trauma training under this subdivision must be at least one-half hour in length. At a minimum, the training must address the risk factors related to shaking infants and young children, means to reduce the risk of abusive head trauma in child care, and license holder communication with parents regarding reducing the risk of abusive head trauma.

(c) Except if completed during orientation, training taken under this subdivision may be used to meet the in-service training requirements under subdivision 9.

(d) The commissioner shall make available for viewing a video presentation on the dangers associated with shaking infants and young children, which may be used in conjunction with the annual training required under paragraph (b).

Subd. 8.

Child passenger restraint systems; training requirement.

(a) Before a license holder transports a child or children under age nine in a motor vehicle, the person placing the child or children in a passenger restraint must satisfactorily complete training on the proper use and installation of child restraint systems in motor vehicles.

(b) Training required under this subdivision must be repeated at least once every five years. At a minimum, the training must address the proper use of child restraint systems based on the child's size, weight, and age, and the proper installation of a car seat or booster seat in the motor vehicle used by the license holder to transport the child or children.

(c) Training required under this subdivision must be provided by individuals who are certified and approved by the Department of Public Safety, Office of Traffic Safety. License holders may obtain a list of certified and approved trainers through the Department of Public Safety website or by contacting the agency.

(d) Child care providers that only transport school-age children as defined in section 142B.01, subdivision 25, in child care buses as defined in section 169.448, subdivision 1, paragraph (e), are exempt from this subdivision.

(e) Training completed under this subdivision may be used to meet in-service training requirements under subdivision 9. Training completed within the previous five years is transferable upon a staff person's change in employment to another child care center.

Subd. 9.

In-service training.

(a) A license holder must ensure that the center director, staff persons, substitutes, and unsupervised volunteers complete in-service training each calendar year.

(b) The center director and staff persons who work more than 20 hours per week must complete 24 hours of in-service training each calendar year. Staff persons who work 20 hours or less per week must complete 12 hours of in-service training each calendar year. Substitutes and unsupervised volunteers must complete at least two hours of training each year, and the training must include the requirements of paragraphs (d) to (g).

(c) The number of in-service training hours may be prorated for center directors and staff persons not employed for an entire year.

(d) Each year, in-service training must include:

(1) the center's procedures for maintaining health and safety according to section 142B.66 and Minnesota Rules, part 9503.0140, and handling emergencies and accidents according to Minnesota Rules, part 9503.0110;

(2) the reporting responsibilities under chapter 260E and Minnesota Rules, part 9503.0130;

(3) at least one-half hour of training on the standards under section 142B.46 and on reducing the risk of sudden unexpected infant death as required under subdivision 6, if applicable; and

(4) at least one-half hour of training on the risk of abusive head trauma from shaking infants and young children as required under subdivision 7, if applicable.

(e) Each year, or when a change is made, whichever is more frequent, in-service training must be provided on: (1) the center's risk reduction plan under section 142B.54, subdivision 2; and (2) a child's individual child care program plan as required under Minnesota Rules, part 9503.0065, subpart 3.

(f) At least once every two calendar years, the in-service training must include:

(1) child development and learning training under subdivision 3;

(2) pediatric first aid that meets the requirements of subdivision 4;

(3) pediatric cardiopulmonary resuscitation training that meets the requirements of subdivision 5;

(4) cultural dynamics training to increase awareness of cultural differences; and

(5) disabilities training to increase awareness of differing abilities of children.

(g) At least once every five years, in-service training must include child passenger restraint training that meets the requirements of subdivision 8, if applicable.

(h) The remaining hours of the in-service training requirement must be met by completing training in the following content areas of the Minnesota Knowledge and Competency Framework:

(1) Content area I: child development and learning;

(2) Content area II: developmentally appropriate learning experiences;

(3) Content area III: relationships with families;

(4) Content area IV: assessment, evaluation, and individualization;

(5) Content area V: historical and contemporary development of early childhood education;

(6) Content area VI: professionalism;

(7) Content area VII: health, safety, and nutrition; and

(8) Content area VIII: application through clinical experiences.

(i) For purposes of this subdivision, the following terms have the meanings given them.

(1) "Child development and learning training" means training in understanding how children develop physically, cognitively, emotionally, and socially and learn as part of the children's family, culture, and community.

(2) "Developmentally appropriate learning experiences" means creating positive learning experiences, promoting cognitive development, promoting social and emotional development, promoting physical development, and promoting creative development.

(3) "Relationships with families" means training on building a positive, respectful relationship with the child's family.

(4) "Assessment, evaluation, and individualization" means training in observing, recording, and assessing development; assessing and using information to plan; and assessing and using information to enhance and maintain program quality.

(5) "Historical and contemporary development of early childhood education" means training in past and current practices in early childhood education and how current events and issues affect children, families, and programs.

(6) "Professionalism" means training in knowledge, skills, and abilities that promote ongoing professional development.

(7) "Health, safety, and nutrition" means training in establishing health practices, ensuring safety, and providing healthy nutrition.

(8) "Application through clinical experiences" means clinical experiences in which a person applies effective teaching practices using a range of educational programming models.

(j) The license holder must ensure that documentation, as required in subdivision 10, includes the number of total training hours required to be completed, name of the training, the Minnesota Knowledge and Competency Framework content area, number of hours completed, and the director's approval of the training.

(k) In-service training completed by a staff person that is not specific to that child care center is transferable upon a staff person's change in employment to another child care program.

Subd. 10.

Documentation.

All training must be documented and maintained on site in each personnel record. In addition to any requirements for each training provided in this section, documentation for each staff person must include the staff person's first date of direct contact and first date of unsupervised contact with a child in care.

142B.66 CHILD CARE CENTER HEALTH AND SAFETY REQUIREMENTS.

Subdivision 1.

Allergy prevention and response.

(a) Before admitting a child for care, the license holder must obtain documentation of any known allergy from the child's parent or legal guardian or the child's source of medical care. If a child has a known allergy, the license holder must maintain current information about the allergy in the child's record and develop an individual child care program plan as specified in Minnesota Rules, part 9503.0065, subpart 3. The individual child care program plan must include but not be limited to a description of the allergy, specific triggers, avoidance techniques, symptoms of an allergic reaction, and procedures for responding to an allergic reaction, including medication, dosages, and a doctor's contact information.

(b) The license holder must ensure that each staff person who is responsible for carrying out the individual child care program plan review and follow the plan. Documentation of a staff person's review must be kept on site.

(c) At least once each calendar year or following any changes made to allergy-related information in the child's record, the license holder must update the child's individual child care program plan and inform each staff person who is responsible for carrying out the individual child care program plan of the change. The license holder must keep on site documentation that a staff person was informed of a change.

(d) A child's allergy information must be available at all times including on site, when on field trips, or during transportation. A child's food allergy information must be readily available to a staff person in the area where food is prepared and served to the child.

(e) The license holder must contact the child's parent or legal guardian as soon as possible in any instance of exposure or allergic reaction that requires medication or medical intervention. The license holder must call emergency medical services when epinephrine is administered to a child in the license holder's care.

Subd. 2.

Handling and disposal of bodily fluids.

The licensed child care center must comply with the following procedures for safely handling and disposing of bodily fluids:

(1) surfaces that come in contact with potentially infectious bodily fluids, including blood and vomit, must be cleaned and disinfected according to Minnesota Rules, part 9503.0005, subpart 11;

(2) blood-contaminated material must be disposed of in a plastic bag with a secure tie;

(3) sharp items used for a child with special care needs must be disposed of in a "sharps container." The sharps container must be stored out of reach of a child;

(4) the license holder must have the following bodily fluid disposal supplies in the center: disposable gloves, disposal bags, and eye protection; and

(5) the license holder must ensure that each staff person follows universal precautions to reduce the risk of spreading infectious disease.

Subd. 3.

Emergency preparedness.

(a) A licensed child care center must have a written emergency plan for emergencies that require evacuation, sheltering, or other protection of a child, such as fire, natural disaster, intruder, or other threatening situation that may pose a health or safety hazard to a child. The plan must be written on a form developed by the commissioner and must include:

(1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;

(2) a designated relocation site and evacuation route;

(3) procedures for notifying a child's parent or legal guardian of the evacuation, relocation, shelter-in-place, or lockdown, including procedures for reunification with families;

(4) accommodations for a child with a disability or a chronic medical condition;

(5) procedures for storing a child's medically necessary medicine that facilitates easy removal during an evacuation or relocation;

(6) procedures for continuing operations in the period during and after a crisis;

(7) procedures for communicating with local emergency management officials, law enforcement officials, or other appropriate state or local authorities; and

(8) accommodations for infants and toddlers.

(b) The license holder must train staff persons on the emergency plan at orientation, when changes are made to the plan, and at least once each calendar year. Training must be documented in each staff person's personnel file.

(c) The license holder must conduct drills according to the requirements in Minnesota Rules, part 9503.0110, subpart 3. The date and time of the drills must be documented.

(d) The license holder must review and update the emergency plan each calendar year. Documentation of the yearly emergency plan review shall be maintained in the program's administrative records.

(e) The license holder must include the emergency plan in the program's policies and procedures as specified under section 142B.10, subdivision 21. The license holder must provide a physical or electronic copy of the emergency plan to the child's parent or legal guardian upon enrollment.

(f) The relocation site and evacuation route must be posted in a visible place as part of the written procedures for emergencies and accidents in Minnesota Rules, part 9503.0140, subpart 21.

Subd. 4.

Child passenger restraint requirements.

A license holder must comply with all seat belt and child passenger restraint system requirements under section 169.685.

Subd. 5.

Telephone requirement in licensed child care centers.

(a) A working telephone which is capable of making outgoing calls and receiving incoming calls must be located within the licensed child care center at all times. Staff must have access to a working telephone while providing care and supervision to children in care, even if the care occurs outside of the child care facility. A license holder may use a cellular telephone to meet the requirements of this subdivision.

(b) If a cellular telephone is used to satisfy the requirements of this subdivision, the cellular telephone must be accessible to staff, be stored in a centrally located area when not in use, and be sufficiently charged for use at all times.

142B.70 FAMILY CHILD CARE TRAINING REQUIREMENTS.

Subdivision 1.

Initial training.

(a) License holders, second adult caregivers, and substitutes must comply with the training requirements in this section.

(b) Helpers who assist with care on a regular basis must complete six hours of training within one year after the date of initial employment.

(c) Training requirements established under this section that must be completed prior to initial licensure must be satisfied only by a newly licensed child care provider or by a child care provider who has not held an active child care license in Minnesota in the previous 12 months. A child care provider who voluntarily cancels a license or allows the license to lapse for a period of less than 12 months and who seeks reinstatement of the lapsed or canceled license within 12 months of the lapse or cancellation must satisfy the annual, ongoing training requirements, and is not required to satisfy the training requirements that must be completed prior to initial licensure. A child care provider who relocates within the state must (1) satisfy the annual, ongoing training requirements according to the schedules established in this section and (2) not be required to satisfy the training requirements under this section that the child care provider completed prior to initial licensure. If a licensed provider moves to a new county, the new county is prohibited from requiring the provider to complete any orientation class or training for new providers.

(d) Before a second adult caregiver or substitute cares for a child or assists in the care of a child, the license holder must train the second adult caregiver or substitute on:

(1) the emergency preparedness plan required under section 142B.71, subdivision 3; and

(2) allergy prevention and response required under section 142B.71, subdivision 1.

Subd. 2.

Definitions and general provisions.

For the purposes of this section, the following terms have the meanings given:

(1) "second adult caregiver" means an adult who cares for children in the licensed program along with the license holder for a cumulative total of more than 500 hours annually;

(2) "helper" means a minor, ages 13 to 17, who assists in caring for children; and

(3) "substitute" means an adult who assumes responsibility for a license holder for a cumulative total of not more than 500 hours annually.

An adult who cares for children in the licensed program along with the license holder for a cumulative total of not more than 500 hours annually has the same training requirements as a substitute.

Subd. 3.

Child development and learning and behavior guidance training.

(a) For purposes of family and group family child care, the license holder and each second adult caregiver shall complete and document at least four hours of child development and learning and behavior guidance training prior to initial licensure, and before caring for children. For purposes of this subdivision, "child development and learning training" means training in understanding how children develop physically, cognitively, emotionally, and socially and learn as part of the children's family, culture, and community. "Behavior guidance training" means training in the understanding of the functions of child behavior and strategies for managing challenging situations. The training shall be developed or approved by the commissioner of children, youth, and families.

(b) Notwithstanding initial child development and learning and behavior guidance training requirements in paragraph (a), individuals are exempt from this requirement if they:

(1) have taken a three-credit course on early childhood development within the past five years;

(2) have received a baccalaureate or master's degree in early childhood education or school-age child care within the past five years;

(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator, a kindergarten to grade 6 teacher with a prekindergarten specialty, an early childhood special education teacher, or an elementary teacher with a kindergarten endorsement; or

(4) have received a baccalaureate degree with a Montessori certificate within the past five years.

(c) The license holder and each second adult caregiver must annually take at least two hours of child development and learning or behavior guidance training. A three-credit course about early childhood development meets the requirements of this paragraph.

Subd. 4.

First aid.

(a) Before initial licensure and before caring for a child, license holders, second adult caregivers, and substitutes must be trained in pediatric first aid. The first aid training must have been provided by an individual approved to provide first aid instruction. First aid training may be less than eight hours and persons qualified to provide first aid training include individuals approved as first aid instructors. License holders, second adult caregivers, and substitutes must repeat pediatric first aid training every two years within 90 days of the date the training was previously taken.

(b) Video training reviewed and approved by the county licensing agency satisfies the training requirement of this subdivision.

Subd. 5.

Cardiopulmonary resuscitation.

(a) Before initial licensure and before caring for a child, license holders, second adult caregivers, and substitutes must be trained in pediatric cardiopulmonary resuscitation (CPR), including CPR techniques for infants and children, and in the treatment of obstructed airways. The CPR training must have been provided by an individual approved to provide CPR instruction. License holders, second adult caregivers, and substitutes must repeat pediatric CPR training at least once every two years within 90 days of the date the training was previously taken, and the training must be documented in the license holder's records.

(b) Persons providing CPR training must use CPR training that has been developed:

(1) by the American Heart Association or the American Red Cross and incorporates psychomotor skills to support the instruction; or

(2) using nationally recognized, evidence-based guidelines for CPR training and incorporates psychomotor skills to support the instruction.

Subd. 6.

Sudden unexpected infant death and abusive head trauma training.

(a) License holders must ensure and document that before the license holder, second adult caregivers, substitutes, and helpers assist in the care of infants, they are instructed on the standards in section 142B.46 and receive training on reducing the risk of sudden unexpected infant death. In addition, license holders must ensure and document that before the license holder, second adult caregivers, substitutes, and helpers assist in the care of infants and children under school age, they receive training on reducing the risk of abusive head trauma from shaking infants and young children. The training in this subdivision may be provided as initial training under subdivision 1 or ongoing annual training under subdivision 8.

(b) Sudden unexpected infant death reduction training required under this subdivision must, at a minimum, address the risk factors related to sudden unexpected infant death, means of reducing the risk of sudden unexpected infant death in child care, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death.

(c) Abusive head trauma training required under this subdivision must, at a minimum, address the risk factors related to shaking infants and young children, means of reducing the risk of abusive head trauma in child care, and license holder communication with parents regarding reducing the risk of abusive head trauma.

(d) Training for family and group family child care providers must be developed by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and approved by the Minnesota Center for Professional Development. Sudden unexpected infant death reduction training and abusive head trauma training may be provided in a single course of no more than two hours in length.

(e) Sudden unexpected infant death reduction training and abusive head trauma training required under this subdivision must be completed in person or as allowed under subdivision 11, clause (1) or (2), at least once every two years. On the years when the individual receiving training is not receiving training in person or as allowed under subdivision 11, clause (1) or (2), the individual receiving training in accordance with this subdivision must receive sudden unexpected infant death reduction training and abusive head trauma training through a video of no more than one hour in length. The video must be developed or approved by the commissioner.

(f) An individual who is related to the license holder as defined in section 142B.01, subdivision 15, and who is involved only in the care of the license holder's own infant or child under school age and who is not designated to be a second adult caregiver, helper, or substitute for the licensed program, is exempt from the sudden unexpected infant death and abusive head trauma training.

Subd. 7.

Child passenger restraint systems; training requirement.

(a) A license holder must comply with all seat belt and child passenger restraint system requirements under section 169.685.

(b) Family and group family child care programs licensed by the Department of Children, Youth, and Families that serve a child or children under nine years of age must document training that fulfills the requirements in this subdivision.

(1) Before a license holder, second adult caregiver, substitute, or helper transports a child or children under age nine in a motor vehicle, the person placing the child or children in a passenger restraint must satisfactorily complete training on the proper use and installation of child restraint systems in motor vehicles. Training completed under this subdivision may be used to meet initial training under subdivision 1 or ongoing training under subdivision 8.

(2) Training required under this subdivision must be at least one hour in length, completed at initial training, and repeated at least once every five years. At a minimum, the training must address the proper use of child restraint systems based on the child's size, weight, and age, and the proper installation of a car seat or booster seat in the motor vehicle used by the license holder to transport the child or children.

(3) Training under this subdivision must be provided by individuals who are certified and approved by the Department of Public Safety, Office of Traffic Safety. License holders may obtain a list of certified and approved trainers through the Department of Public Safety website or by contacting the agency.

(c) Child care providers that only transport school-age children as defined in section 142B.01, subdivision 13, paragraph (f), in child care buses as defined in section 169.448, subdivision 1, paragraph (e), are exempt from this subdivision.

Subd. 8.

Training requirements for family and group family child care.

(a) For purposes of family and group family child care, the license holder and each second adult caregiver must complete 16 hours of ongoing training each year. Repeat of topical training requirements in subdivisions 3 to 9 shall count toward the annual 16-hour training requirement. Additional ongoing training subjects to meet the annual 16-hour training requirement must be selected from the following areas:

(1) child development and learning training in understanding how a child develops physically, cognitively, emotionally, and socially, and how a child learns as part of the child's family, culture, and community;

(2) developmentally appropriate learning experiences, including training in creating positive learning experiences, promoting cognitive development, promoting social and emotional development, promoting physical development, promoting creative development; and behavior guidance;

(3) relationships with families, including training in building a positive, respectful relationship with the child's family;

(4) assessment, evaluation, and individualization, including training in observing, recording, and assessing development; assessing and using information to plan; and assessing and using information to enhance and maintain program quality;

(5) historical and contemporary development of early childhood education, including training in past and current practices in early childhood education and how current events and issues affect children, families, and programs;

(6) professionalism, including training in knowledge, skills, and abilities that promote ongoing professional development; and

(7) health, safety, and nutrition, including training in establishing healthy practices; ensuring safety; and providing healthy nutrition.

(b) A provider who is approved as a trainer through the Develop data system may count up to two hours of training instruction toward the annual 16-hour training requirement in paragraph (a). The provider may only count training instruction hours for the first instance in which they deliver a particular content-specific training during each licensing year. Hours counted as training instruction must be approved through the Develop data system with attendance verified on the trainer's individual learning record and must be in Knowledge and Competency Framework content area VII A (Establishing Healthy Practices) or B (Ensuring Safety).

(c) Substitutes and adult caregivers who provide care for 500 or fewer hours per year must complete a minimum of one hour of training each calendar year, and the training must include the requirements in subdivisions 3, 4, 5, 6, and 9.

Subd. 9.

Other required training requirements.

(a) The training required of family and group family child care providers and staff must include training in the cultural dynamics of early childhood development and child care. The cultural dynamics and disabilities training and skills development of child care providers must be designed to achieve outcomes for providers of child care that include, but are not limited to:

(1) an understanding and support of the importance of culture and differences in ability in children's identity development;

(2) understanding the importance of awareness of cultural differences and similarities in working with children and their families;

(3) understanding and support of the needs of families and children with differences in ability;

(4) developing skills to help children develop unbiased attitudes about cultural differences and differences in ability;

(5) developing skills in culturally appropriate caregiving; and

(6) developing skills in appropriate caregiving for children of different abilities.

The commissioner shall approve the curriculum for cultural dynamics and disability training.

(b) The provider must meet the training requirement in section 142B.41, subdivision 9, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child care or group family child care home to use the swimming pool located at the home.

Subd. 10.

Supervising for safety; training requirement.

(a) Courses required by this subdivision must include the following health and safety topics:

(1) preventing and controlling infectious diseases;

(2) administering medication;

(3) preventing and responding to allergies;

(4) ensuring building and physical premises safety;

(5) handling and storing biological contaminants;

(6) preventing and reporting child abuse and maltreatment; and

(7) emergency preparedness.

(b) Before initial licensure and before caring for a child, all family child care license holders and each second adult caregiver shall complete and document the completion of the six-hour Supervising for Safety for Family Child Care course developed by the commissioner.

(c) The license holder must ensure and document that, before caring for a child, all substitutes have completed the four-hour Basics of Licensed Family Child Care for Substitutes course developed by the commissioner, which must include health and safety topics as well as child development and learning.

(d) The family child care license holder and each second adult caregiver shall complete and document:

(1) the annual completion of either:

(i) a two-hour active supervision course developed by the commissioner; or

(ii) any courses in the ensuring safety competency area under the health, safety, and nutrition standard of the Knowledge and Competency Framework that the commissioner has identified as an active supervision training course; and

(2) the completion at least once every five years of the two-hour courses Health and Safety I and Health and Safety II. A license holder's or second adult caregiver's completion of either training in a given year meets the annual active supervision training requirement in clause (1).

(e) At least once every three years, license holders must ensure and document that substitutes have completed the four-hour Basics of Licensed Family Child Care for Substitutes course.

Subd. 11.

Approved training.

(a) The commissioner of children, youth, and families must post information on the department's website indicating the specific category within the Knowledge and Competency Framework that will satisfy training requirements for child development and learning, behavior guidance, and active supervision. County licensing staff must accept trainings designated as satisfying training requirements by the commissioner under this paragraph.

(b) Unless specifically authorized in this section, one training does not fulfill two different training requirements. Courses within the identified knowledge and competency areas that are specific to child care centers or legal nonlicensed providers do not fulfill the requirements of this section.

(c) County licensing staff must accept training approved by the Minnesota Center for Professional Development, including:

(1) face-to-face or classroom training;

(2) online training; and

(3) relationship-based professional development, such as mentoring, coaching, and consulting.

Subd. 12.

Provider training.

New and increased training requirements under this section must not be imposed on providers until the commissioner establishes statewide accessibility to the required provider training.

142B.71 FAMILY CHILD CARE HEALTH AND SAFETY REQUIREMENTS.

Subdivision 1.

Allergy prevention and response.

(a) Before admitting a child for care, the license holder must obtain information about any known allergy from the child's parent or legal guardian. The license holder must maintain current allergy information in each child's record. The allergy information must include a description of the allergy, specific triggers, avoidance techniques, symptoms of an allergic reaction, and procedures for responding to an allergic reaction, including medication, dosages, and a doctor's contact information.

(b) The child's allergy information must be documented on a form approved by the commissioner, readily available to all caregivers, and reviewed annually by the license holder and each caregiver.

Subd. 2.

Handling and disposal of bodily fluids.

The licensed family child care provider must comply with the following procedures for safely handling and disposing of bodily fluids:

(1) surfaces that come in contact with potentially infectious bodily fluids, including blood and vomit, must be cleaned and disinfected as described in section 142B.76;

(2) blood-contaminated material must be disposed of in a plastic bag with a secure tie;

(3) sharp items used for a child with special care needs must be disposed of in a "sharps container." The sharps container must be stored out of reach of a child; and

(4) the license holder must have the following bodily fluid disposal supplies available: disposable gloves, disposal bags, and eye protection.

Subd. 3.

Emergency preparedness plan.

(a) A licensed family child care provider must have a written emergency preparedness plan for emergencies that require evacuation, sheltering, or other protection of children, such as fire, natural disaster, intruder, or other threatening situation that may pose a health or safety hazard to children. The plan must be written on a form developed by the commissioner and updated at least annually. The plan must include:

(1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;

(2) a designated relocation site and evacuation route;

(3) procedures for notifying a child's parent or legal guardian of the evacuation, shelter-in-place, or lockdown, including procedures for reunification with families;

(4) accommodations for a child with a disability or a chronic medical condition;

(5) procedures for storing a child's medically necessary medicine that facilitate easy removal during an evacuation or relocation;

(6) procedures for continuing operations in the period during and after a crisis;

(7) procedures for communicating with local emergency management officials, law enforcement officials, or other appropriate state or local authorities; and

(8) accommodations for infants and toddlers.

(b) The license holder must train caregivers before the caregiver provides care and at least annually on the emergency preparedness plan and document completion of this training.

(c) The license holder must conduct drills according to the requirements in Minnesota Rules, part 9502.0435, subpart 8. The date and time of the drills must be documented.

(d) The license holder must have the emergency preparedness plan available for review.

Subd. 4.

Transporting children.

A license holder must ensure compliance with all seat belt and child passenger restraint system requirements under section 169.685.

Subd. 5.

Telephone requirement.

Notwithstanding Minnesota Rules, part 9502.0435, subpart 8, item B, a license holder is not required to post a list of emergency numbers. A license holder may use a cellular telephone to meet the requirements of Minnesota Rules, part 9502.0435, subpart 8, if the cellular telephone is sufficiently charged for use at all times.

142B.72 FAMILY CHILD CARE PHYSICAL SPACE REQUIREMENTS.

Subdivision 1.

Means of escape.

(a) At least one emergency escape route separate from the main exit from the space must be available in: (1) each room used for sleeping by anyone receiving licensed care; and (2) a basement used for child care. One means of escape must be a stairway or door leading to the floor of exit discharge. The other must be a door or window leading directly outside. A window used as an emergency escape route must be openable without special knowledge.

(b) In homes with construction that began before March 31, 2020, the interior of the window leading directly outside must have a net clear opening area of not less than 4.5 square feet or 648 square inches and have minimum clear opening dimensions of 20 inches wide and 20 inches high. The net clear opening dimensions shall be the result of normal operation of the opening. The opening must be no higher than 48 inches from the floor. The height to the window may be measured from a platform if a platform is located below the window.

(c) In homes with construction that began on or after March 31, 2020, the interior of the window leading directly outside must have minimum clear opening dimensions of 20 inches wide and 24 inches high. The net clear opening dimensions shall be the result of normal operation of the opening. The opening must be no higher than 44 inches from the floor.

Additional requirements are dependent on the distance of the openings from the ground outside the window: (1) windows or other openings with a sill height not more than 44 inches above or below the finished ground level adjacent to the opening (grade-floor emergency escape and rescue openings) must have a minimum opening of five square feet; and (2) non-grade-floor emergency escape and rescue openings must have a minimum opening of 5.7 square feet.

Subd. 2.

Door to attached garage.

(a) If there is an opening between an attached garage and a day care residence, there must be a door that is:

(1) a solid wood bonded-core door at least 1-3/8 inches thick;

(2) a steel insulated door at least 1-3/8 inches thick; or

(3) a door with a fire protection rating of 20 minutes.

(b) The separation wall on the garage side between the residence and garage must consist of 1/2-inch-thick gypsum wallboard or its equivalent.

Subd. 3.

Heating and venting systems.

(a) Notwithstanding Minnesota Rules, part 9502.0425, subpart 7, item C, items that can be ignited and support combustion, including but not limited to plastic, fabric, and wood products must not be located within:

(1) 18 inches of a gas or fuel-oil heater or furnace; or

(2) 36 inches of a solid-fuel-burning appliance.

(b) If a license holder produces manufacturer instructions listing a smaller distance, then the manufacturer instructions control the distance combustible items must be from gas, fuel-oil, or solid-fuel burning heaters or furnaces.

Subd. 4.

Fire extinguisher.

A portable, operational, multipurpose, dry chemical fire extinguisher with a minimum 2 A 10 BC rating must be located in or near the kitchen and cooking areas of the residence at all times. The fire extinguisher must be serviced annually by a qualified inspector. All caregivers must know how to properly use the fire extinguisher.

Subd. 5.

Carbon monoxide and smoke alarms.

(a) All homes must have an approved and operational carbon monoxide alarm installed within ten feet of each room used for sleeping children in care.

(b) Smoke alarms that have been listed by the Underwriter Laboratory must be properly installed and maintained in hallways outside of rooms used for sleeping children and on all levels, including basements but not including crawl spaces and uninhabitable attics.

(c) In homes with construction that began on or after March 31, 2020, smoke alarms must be installed and maintained in each room used for sleeping children in care.

Subd. 6.

Updates.

After readoption of the Minnesota State Fire Code, the fire marshal must notify the commissioner of any changes that conflict with this section and Minnesota Rules, chapter 9502. The state fire marshal must identify necessary statutory changes to align statutes with the revised code. The commissioner must recommend updates to sections of this chapter that are derived from the Minnesota State Fire Code in the legislative session following readoption of the code.

Subd. 7.

Fire code variances.

When a variance is requested of the standards contained in subdivision 1, 2, 3, 4, or 5, an applicant or provider must submit written approval from the state fire marshal of the variance requested and the alternative measures identified to ensure the safety of children in care.

Subd. 8.

Stairways.

(a) All stairways must meet the requirements in this subdivision.

(b) Stairways of four or more steps must have handrails on at least one side.

(c) Any open area between the handrail and stair tread must be enclosed with a protective guardrail as specified in the State Building Code. At open risers, openings located more than 30 inches or 762 millimeters as measured vertically to the floor or grade below must not permit the passage of a sphere four inches or 102 millimeters in diameter.

(d) Gates or barriers must be used when children aged six to 18 months are in care.

(e) Stairways must be well lit, in good repair, and free of clutter and obstructions.

142B.74 SUBSTITUTE CAREGIVERS AND REPLACEMENTS IN FAMILY CHILD CARE.

Subdivision 1.

Total hours allowed.

Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, the use of a substitute caregiver in a licensed family child care program must be limited to a cumulative total of not more than 500 hours annually. The license holder must document the name, dates, and number of hours of the substitute who provided care.

Subd. 2.

Emergency replacement supervision.

(a) A license holder may allow an adult who has not completed the training requirements under this chapter or the background study requirements under chapter 245C to supervise children in a family child care program in an emergency. For purposes of this subdivision, an emergency is a situation in which:

(1) the license holder has begun operating the family child care program for the day and for reasons beyond the license holder's control, including, but not limited to a serious illness or injury, accident, or situation requiring the license holder's immediate attention, the license holder needs to leave the licensed space and close the program for the day; and

(2) the parents or guardians of the children attending the program are contacted to pick up their children as soon as is practicable.

(b) The license holder must make reasonable efforts to minimize the time the emergency replacement has unsupervised contact with the children in care, not to exceed 24 hours per emergency incident.

(c) The license holder shall not knowingly use a person as an emergency replacement who has committed an action or has been convicted of a crime that would cause the person to be disqualified from providing care to children, if a background study was conducted under chapter 245C.

(d) To the extent practicable, the license holder must attempt to arrange for emergency care by a substitute caregiver before using an emergency replacement.

(e) To the extent practicable, the license holder must notify the county licensing agency within seven days that an emergency replacement was used, and specify the circumstances that led to the use of the emergency replacement. The county licensing agency must notify the commissioner within three business days after receiving the license holder's notice that an emergency replacement was used, and specify the circumstances that led to the use of the emergency replacement.

(f) Notwithstanding the requirements in Minnesota Rules, part 9502.0405, a license holder is not required to provide the names of persons who may be used as replacements in emergencies to parents or the county licensing agency.

142B.75 FAMILY CHILD CARE INFANT SLEEP SUPERVISION REQUIREMENTS.

Subdivision 1.

In-person checks on infants.

(a) License holders of family child care programs that serve infants are encouraged to monitor sleeping infants by conducting in-person checks on each infant in their care every 30 minutes.

(b) Upon enrollment of an infant in a family child care program, the license holder is encouraged to conduct in-person checks on the sleeping infant every 15 minutes, during the first four months of care.

(c) When an infant has an upper respiratory infection, the license holder is encouraged to conduct in-person checks on the sleeping infant every 15 minutes throughout the hours of sleep.

Subd. 2.

Use of audio or visual monitoring devices.

In addition to conducting the in-person checks encouraged under subdivision 1, license holders serving infants are encouraged to use and maintain an audio or visual monitoring device to monitor each sleeping infant in care during all hours of sleep.

142B.76 FAMILY CHILD CARE DIAPERING AREA DISINFECTION.

Notwithstanding Minnesota Rules, part 9502.0435, a family child care provider may disinfect the diaper changing surface with chlorine bleach in a manner consistent with label directions for disinfection or with a surface disinfectant that meets the following criteria:

(1) the manufacturer's label or instructions state that the product is registered with the United States Environmental Protection Agency;

(2) the manufacturer's label or instructions state that the disinfectant is effective against Staphylococcus aureus, Salmonella enterica, and Pseudomonas aeruginosa;

(3) the manufacturer's label or instructions state that the disinfectant is effective with a ten minute or less contact time;

(4) the disinfectant is clearly labeled by the manufacturer with directions for mixing and use;

(5) the disinfectant is used only in accordance with the manufacturer's directions; and

(6) the product does not include triclosan or derivatives of triclosan.

142B.77 SUPERVISION OF FAMILY CHILD CARE LICENSE HOLDER'S OWN CHILD.

(a) Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, and with the license holder's consent, an individual may be present in the licensed space, may supervise the family child care license holder's own child both inside and outside of the licensed space, and is exempt from the training and supervision requirements of this chapter and Minnesota Rules, chapter 9502, if the individual:

(1) is related to the license holder or to the license holder's child, as defined in section 142B.01, subdivision 15, or is a household member who the license holder has reported to the county agency;

(2) is not a designated caregiver, helper, or substitute for the licensed program;

(3) is involved only in the care of the license holder's own child; and

(4) does not have direct, unsupervised contact with any nonrelative children receiving services.

(b) If the individual in paragraph (a) is not a household member, the individual is also exempt from background study requirements under chapter 245C.

Repealed Minnesota Rule: 26-07366

9502.0300 REPEALER AND EFFECTIVE DATE.

Subpart 1.

Repealer.

Minnesota Rules, parts 9545.0310, 9545.0320, 9545.0330, 9545.0340, 9545.0350, 9545.0360, 9545.0370, 9545.0380, 9545.0390, 9545.0400, 9545.0410, 9545.0420, 9545.0430, 9545.0440, and 9545.0450, are repealed, except for providers who are licensed under those parts. As to those providers, parts 9545.0310, 9545.0320, 9545.0330, 9545.0340, 9545.0350, 9545.0360, 9545.0370, 9545.0380, 9545.0390, 9545.0400, 9545.0410, 9545.0420, 9545.0430, 9545.0440, and 9545.0450 are repealed March 25, 1986.

Subp. 2.

Effective date.

Parts 9502.0315 to 9502.0445 take effect April 1, 1985, except for providers who are licensed on April 1, 1985 under parts 9545.0310 to 9545.0440. As to those providers, parts 9502.0315 to 9502.0445 take effect October 1, 1985, or on the first date the provider's license is renewed after March 25, 1985, whichever is later, except that parts 9502.0365 and 9502.0367 shall be construed not to require the exclusion from the day care facility of any child who is receiving care on March 25, 1985.

Any provider who is licensed under parts 9545.0310 to 9545.0440 April 1, 1985, and who is not providing care in a residence as defined by part 9502.0315, subpart 27, may be licensed under parts 9502.0315 to 9502.0445 until the provider ceases to give care in that facility or obtains a license to operate a day care center.

9502.0315 DEFINITIONS.

Subpart 1.

Applicability.

As used in parts 9502.0315 to 9502.0445, the following terms have the meanings given them.

Subp. 2.

Adult.

"Adult" means a person at least 18 years of age.

Subp. 3.

Agency.

"Agency" means the county or multicounty social or human service agency governed by the county board or multicounty human services board.

Subp. 4.

Applicant.

"Applicant" means the person seeking a license to be the primary provider of day care in the residence.

Subp. 5.

Building official.

"Building official" means the person appointed in accordance with Minnesota Statutes, section 326B.133, to administer the State Building Code, or the building official's authorized representative.

Subp. 6.

Caregiver.

"Caregiver" means the provider, substitute, helper, or another adult giving care in the residence.

Subp. 7.

Child.

"Child" means a person ten years of age or younger.

Subp. 8.

Commissioner.

"Commissioner" means the Minnesota commissioner of the Department of Human Services or the commissioner's authorized representative.

Subp. 9.

Day care.

"Day care" means the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24 hour day.

Subp. 10.

Department.

"Department" means the Minnesota Department of Human Services.

Subp. 11.

Family day care.

"Family day care" means day care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all children of any caregiver when the children are present in the residence.

Subp. 12.

Fire marshal.

"Fire marshal" means the person designated by Minnesota Statutes, section 299F.011 to administer and enforce the State Fire Code, or the fire marshal's authorized representative.

Subp. 13.

Group family day care.

"Group family day care" means day care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence.

Subp. 14.

Helper.

"Helper" means a person at least 13 years of age and less than 18 years of age who assists the provider with the care of children.

Subp. 15.

Agent of a community health board.

"Agent of a community health board" as authorized under Minnesota Statutes, section 145A.04, means the designated representative of the state or community health board authorized to enforce state and local health codes.

Subp. 16.

Infant.

"Infant" means a child who is at least six weeks of age but less than 12 months of age.

Subp. 17.

License.

"License" means a certificate issued by the commissioner authorizing the provider to give specified services for a specified period of time in accordance with the terms in parts 9502.0315 to 9502.0445; Minnesota Statutes, chapter 245A; and the rules of the department.

Subp. 18.

Licensed capacity.

"Licensed capacity" means the total number of children ten years of age or younger permitted at any one time in the residence. The licensed capacity includes all children of any caregiver when the children are present in the residence.

Subp. 19.

Medicine.

"Medicine" means a prescription or nonprescription substance taken internally or applied externally to prevent or cure disease, heal, or relieve pain.

Subp. 19a.

Mental illness.

"Mental illness" means the inability to interpret reality realistically and the impaired functioning in primary aspects of daily living, such as personal relations, living arrangements, work, and recreation; which is listed in the International Classification of Diseases (ICD-9-CM) Ninth Revision (1980), code range 290.0-299.9, or the corresponding code in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM-III) Third Edition (1980), Axes I, II, or III. These publications are incorporated by reference and are not subject to frequent change. They are available in the State Law Library.

Subp. 19b.

State Fire Code.

"State Fire Code" means those codes and regulations adopted by the state fire marshal in accordance with Minnesota Statutes, section 299F.011 and contained in chapter 7511.

Subp. 20.

Newborn.

"Newborn" means a child between birth and six weeks of age.

Subp. 21.

Parent.

"Parent" means a person who has the legal responsibility for a child such as the child's mother, father, or legally appointed guardian.

Subp. 22.

Preschooler.

"Preschooler" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 19, paragraph (e).

Subp. 23.

[Repealed, 10 SR 2617]

Subp. 24.

Provider.

"Provider" means the license holder and primary caregiver.

Subp. 25.

Related.

"Related" means any of the following relationships by marriage, blood, or adoption: parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, child, niece, nephew. Related also includes a legally appointed guardian.

Subp. 26.

Regularly or regular basis.

"Regularly" or "regular basis" means a cumulative total of more than 30 days within any 12 month period.

Subp. 27.

Residence.

"Residence" means the dwelling unit, as defined by section 405 of the State Building Code, in which day care is provided and which is occupied as a home.

Subp. 28.

School age.

"School age" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 19, paragraph (f).

Subp. 28a.

State Building Code.

"State Building Code" means those codes and regulations adopted by the commissioner of administration in accordance with Minnesota Statutes, section 326B.101 and contained in chapter 1300.

Subp. 29.

Substitute.

"Substitute" means an adult at least 18 years of age who assumes the responsibility of the provider as specified in part 9502.0365, subpart 5.

Subp. 29a.

Supervision.

"Supervision" means a caregiver being within sight or hearing of an infant, toddler, or preschooler at all times so that the caregiver is capable of intervening to protect the health and safety of the child. For the school age child, it means a caregiver being available for assistance and care so that the child's health and safety is protected.

Subp. 30.

Toddler.

"Toddler" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 19, paragraph (d).

Subp. 31.

Variance.

"Variance" means written permission by the commissioner for a provider or applicant to depart from the provisions of parts 9502.0315 to 9502.0445.

9502.0325 LICENSING OF FACILITIES FOR CHILDREN FAMILY DAY CARE AND GROUP FAMILY DAY CARE HOMES.

Subpart 1.

Purpose.

The purpose of parts 9502.0315 to 9502.0445 is to establish procedures and standards for licensing family day care and group family day care homes to ensure that minimum levels of care and service are given and the protection, proper care, health, safety, and development of the children are assured.

Subp. 2.

Applicability.

Parts 9502.0315 to 9502.0445 as authorized by Minnesota Statutes, chapter 245A, govern the licensing of family day care homes and group family day care homes.

Subp. 3.

Exclusion from licensure.

Under Minnesota Statutes, section 245A.03, the following day care situations are excluded from licensure under parts 9502.0315 to 9502.0445:

A.

day care provided by a relative to only related children; or

B.

day care provided to children from a single, unrelated family, for any length of time; or

C.

day care provided for a cumulative total of less than 30 days in any 12-month period; or

D.

the exclusions contained in items A and B are mutually exclusive.

9502.0335 LICENSING PROCESS.

Subpart 1.

License application.

A license to operate a family or group family day care residence must be obtained from the department.

A.

Application for a license must be made on the application form issued by the department. The application must be made in the county where the applicant resides.

B.

The applicant shall be the person who will be the provider of care in the residence, present during the hours of operation, and who shall be legally responsible for the operation of the residence.

C.

An application for licensure is complete when the applicant completes, signs, and submits all department forms and documentation needed for licensure to the agency and the agency receives all inspection, zoning, evaluation, and investigative reports, documentation, and information required to verify compliance with parts 9502.0315 to 9502.0445 and Minnesota Statutes.

Subp. 2.

Licensing study.

The applicant shall give the agency access to the residence for a licensing study to determine compliance with parts 9502.0315 to 9502.0445.

A.

If, in the judgment of the agency representative, a potentially hazardous condition may be present, due to a violation of parts 9502.0315 to 9502.0445, the applicant shall obtain an inspection from a fire marshal, building official, or agent of a community health board as authorized under Minnesota Statutes, section 145A.04 to verify the absence of hazard and report to the agency.

B.

The residence must comply with any applicable local ordinances. If the commissioner or the agency has reasonable cause to believe a hazardous condition may be present and requests an inspection by a fire marshal, building official, or authorized agent, then any condition cited by a fire marshal, building official, or authorized agent as hazardous and creating an immediate danger of fire, or threat to human life and safety, must be corrected or a variance approved in accordance with subparts 8, 8a, and 8b prior to issuance of a license.

C.

An initial inspection of the residence by a fire marshal to determine compliance with the State Fire Code and compliance with orders issued are conditions of licensure for all residences with freestanding solid fuel heating appliances; manufactured (mobile) homes; new applicants for licensure with a licensed capacity of more than ten; day care residences which use the basement for child care; and residences in mixed or multiple occupancy buildings. "Multiple occupancy building" means a structure with two or more residential dwelling units such as a duplex, apartment building, or townhome. "Mixed occupancy building" means a residence in a structure that contains nonresidential occupancies or an attached garage.

D.

The commissioner or agency may require, prior to licensure, or anytime during the licensed term of day care, a physical, mental illness, or chemical dependency or abuse evaluation of any caregiver or person living in the residence or present during the hours children are in care if the agency has reasonable cause to believe that any of the disqualification factors in subpart 6, item A, exist, or that the provider is not physically able to care for the children. These evaluations, conducted by a licensed physician, psychiatrist, psychologist, consulting psychologist, or certified chemical dependency practitioner or counselor may be used to verify physical or mental illness, chemical dependency or chemical abuse, or behavior that would reflect on the ability of the provider to give day care.

Subp. 3.

[Repealed, 15 SR 2105]

Subp. 4.

Period of licensure; nontransfer.

A license must be issued by the department when the provider fully complies with parts 9502.0315 to 9502.0445. The period of licensure may be up to two years. The license must not be transferred to another provider.

Subp. 5.

Initial license.

An applicant for initial licensure may be granted a license by the department for up to two years if all laws and rules cannot be met immediately, the deviations from parts 9502.0315 to 9502.0445 do not threaten the health, rights, or safety of the children, and which will be corrected within the time specified by the commissioner but not to exceed two years. Failure to correct deviations within the stated time shall be cause for revocation, suspension, or nonrenewal.

Subp. 6.

Disqualification factors.

An applicant or provider shall not be issued a license or the license shall be revoked, not renewed, or suspended if the applicant, provider, or any other person living in the day care residence or present during the hours children are in care, or working with children:

A.

Abuses prescription drugs or uses controlled substances as specified in Minnesota Statutes, chapter 152, or alcohol, to the extent that the use or abuse has or may have a negative effect on the ability of the provider to give care or is apparent during the hours children are in care. Caregivers who have abused prescription drugs or have been dependent on controlled substances as specified in Minnesota Statutes, chapter 152, or alcohol, such that the use, abuse, or dependency has had a negative effect on the ability to give care, was apparent during the hours children are in care, or required treatment or therapy, must have 12 months of verified abstinence before licensure.

B.

[Repealed, L 1991 c 38 s 2]

C.

Refuses to give written consent for the disclosure of criminal history records as specified in Minnesota Statutes, section 245C.09.

D.

Has a disqualification under Minnesota Statutes, section 245C.15, that is not set aside under Minnesota Statutes, section 245C.22, or for which a variance has not been granted under Minnesota Statutes, section 245C.30.

E.

Has had a child placed in foster care within the past 12 months and the agency determines the reasons for placement reflect on the ability of the provider to give care. A license may not be denied if the primary reason for the placement was due to a physical illness of the parent, developmental disability of the child, a disability of the child, or for the temporary care of an infant being relinquished for adoption.

F.

Has had a child placed in residential treatment within the past 12 months for emotional disturbance or antisocial behavior and the agency determines that the reasons for the placement reflect on the ability of the provider to give care.

Subp. 7.

[Repealed, 15 SR 2043]

Subp. 8.

Variance standard.

An applicant or provider may request a variance from compliance with parts 9502.0315 to 9502.0445. When reviewing a variance request of parts 9502.0315 and 9502.0445, the department shall assess whether alternative methods are identified by the applicant or provider to ensure the health, safety, and protection of children in care. A variance may be granted only if:

A.

the applicant complies with all applicable laws, ordinances, and regulations;

B.

specific equivalent measures are identified by the applicant or provider to ensure the health, safety, and protection of the children in care;

C.

any variance to the safety provisions in part 9502.0425, subparts 4, 5, 6, 7, 12, 15, 16, 17, and 18 which relate to the State Fire Code is approved by a fire marshal and alternative measures are identified to ensure the safety of children in care;

D.

any variance of the provisions in part 9502.0435 relating to sanitation and health and part 9502.0445 on water, food, and nutrition are approved by an authorized agent and alternative measures are identified to ensure the health of children in care;

E.

any variance of the provisions in part 9502.0425 relating to subparts 10, stairways; 11, decks; and 13, sewage disposal which relate to the State Building Code, are approved by a building official and alternative measures are identified to ensure the health and safety of children in care; and

F.

any variance to subpart 6, item F must have clear and convincing evidence presented by the applicant or provider that no threat or harm whatsoever will result to the children in care due to the granting of the variance. The department shall consider the nature of the crime committed and the amount of time which has elapsed without a repeat of the crime.

Subp. 8a.

Variance procedure.

Request for a variance must comply with and be handled according to the following procedures.

A.

An applicant or provider must submit to the agency a written request for a variance. The request must include the following information:

(1)

the sections of parts 9502.0315 to 9502.0445 with which the applicant or provider cannot comply;

(2)

the reasons why the applicant or provider needs to depart from the specified sections;

(3)

the period of time for which the applicant or provider requests a variance; and

(4)

the specific equivalent alternative measures which the applicant or provider will provide so the health, safety, and protection of children in care are ensured if the variance is granted.

B.

An applicant or provider must submit to the agency written approval from a fire marshal of a variance request and the alternative measures identified to ensure the safety of children in care when a variance of the fire safety provisions in part 9502.0425 on physical environment is requested. These are part 9502.0425, subpart 4, means of escape; subpart 5, occupancy separations; subpart 6, vertical separations; subpart 7, heating and venting systems; subpart 12, locks and latches; subpart 15, interior walls and ceilings; subpart 16, extinguishers; subpart 17, smoke detection systems; and subpart 18, electrical services.

C.

An applicant or provider must submit to the agency written approval from an authorized agent of a variance request and the alternative measures identified to ensure the safety of children in care when a variance of the health provisions in parts 9502.0435 on sanitation and health, and 9502.0445 on water, food, and nutrition is requested.

D.

An applicant or provider must submit to the agency written approval from a building official of a variance request and alternative measures identified to ensure the health and safety of children in care when a variance is requested of the standards contained in part 9502.0425 relating to subparts 10, stairways; 11, decks; and 13, sewage disposal.

Subp. 8b.

[Repealed, 30 SR 585]

Subp. 9.

License terms.

The license must indicate:

A.

the number and age groupings of children who may receive care at any one time;

B.

the expiration date of the license and location of the residence;

C.

the name and address of the provider; and

D.

that the provider is licensed under parts 9502.0315 to 9502.0445 of Minnesota Rules.

Subp. 10.

Posting license.

The provider shall post the license in the residence in a prominent place.

Subp. 11.

Change in license terms.

The following shall apply to changes in the terms of a license.

A.

A new department application form must be submitted by the provider and a full licensing study as specified in part 9502.0335, subpart 2, must be completed when the provider wants to move the day care operation to a new residence or the provider wants to change to group family day care from family day care.

B.

A new department application form indicating the changes in the ages and numbers of children in care must be completed when the provider wants to change to family day care from group family day care.

C.

A background study must be initiated and completed as required under Minnesota Statutes, chapter 245C.

Subp. 12.

Number of licenses.

No provider shall be issued a license to operate more than one day care residence.

Subp. 13.

Access to residence.

The provider shall give authorized representatives of the commissioner or agency access to the residence during the hours of operation to determine whether the residence complies with the standards of parts 9502.0315 to 9502.0445. Access shall include:

A.

the residence to be occupied by children in care;

B.

any adjoining land or buildings owned or operated by the applicant or provider in conjunction with the provision of day care and designed for use by the children in care;

C.

noninterference in interviewing all caregivers and household members present in the residence on a regular basis and present during the hours of operation; and

D.

the right to view and photocopy the records and documents specified in part 9502.0405.

Subp. 14.

[Repealed, 15 SR 2105]

Subp. 15.

Return of license to commissioner.

When a provider stops giving care, or if a license is revoked, suspended, or not renewed, the provider shall return the license to the commissioner, stop all advertising and refrain from providing care to children in excess of the exclusions specified in part 9502.0325, subpart 3.

Subp. 16.

[Repealed, 15 SR 2105]

9502.0341 NEGATIVE LICENSING ACTIONS.

Subpart 1.

[Repealed, 15 SR 2105]

Subp. 2.

Definitions.

For the purposes of this subpart, negative licensing actions shall mean denial of application for licensure, issuance of a fine, revocation, suspension, or temporary immediate suspension of an existing license.

Subp. 3.

Procedures.

In accordance with Minnesota Statutes, section 245A.06 or 245A.07, failure to comply with parts 9502.0315 to 9502.0445 or the terms of licensure is grounds for a negative licensing action. If the agency recommends a negative licensing action, the agency shall notify the department and the department shall determine if the standards in parts 9502.0315 to 9502.0445 or the terms of licensure have been violated. If the grounds are sufficient, the commissioner shall notify the applicant or provider by certified mail unless personal service is required by subpart 9. The notice must be addressed to the name and location shown on the application or license and contain a statement of, and the reasons for, the proposed action. The notice must inform the applicant or provider of the right to appeal the decision within the specified time period. The applicant or provider shall be notified of the specific appeal rights provided under chapter 245A.

Subp. 3a.

Fine.

If the commissioner issues a fine, the provider must be informed of the reason for the fine and the right to a contested case hearing under Minnesota Statutes, chapter 14, and parts 1400.8505 to 1400.8612 as provided in Minnesota Statutes, section 245A.07, subdivision 3.

Subp. 4.

Denial.

If the commissioner denies an application for licensure, the applicant must be informed of the reason the application was denied and the right to a contested case hearing under Minnesota Statutes, chapter 14, and parts 1400.8505 to 1400.8612 as provided in Minnesota Statutes, section 245A.05.

Subp. 5.

Revocation.

If the commissioner revokes a license, the provider must be informed of the reason for the revocation and the right to a contested case hearing under Minnesota Statutes, chapter 14, and parts 1400.8505 to 1400.8612 as provided in Minnesota Statutes, section 245A.07, subdivision 3.

Subp. 6.

[Repealed, 30 SR 585]

Subp. 7.

[Repealed, 30 SR 585]

Subp. 8.

Suspension.

If the commissioner suspends a license, the provider must be informed of the reason for the suspension and the right to a contested case hearing under Minnesota Statutes, chapter 14, and parts 1400.8505 to 1400.8612 as provided in Minnesota Statutes, section 245A.07, subdivision 3.

Subp. 9.

Temporary immediate suspension.

If the provider's actions or failure to comply with applicable law or rule poses an imminent risk of harm to the health, safety, or rights of the children in care, the commissioner shall act immediately to temporarily suspend the license. The provider shall be informed by personal service and informed of the right to an expedited hearing under Minnesota Statutes, chapter 14, and parts 1400.8505 to 1400.8612 as provided in Minnesota Statutes, section 245A.07, subdivisions 2 and 2a.

Subp. 9a.

[Repealed, 15 SR 2105]

Subp. 10.

Notice to parents of recommended action.

As soon as the county recommends revocation, suspension, a conditional license, or temporary immediate suspension action, a notice of the circumstances for the action, but not the identity of a child, other than the parent's own, shall be sent by the agency to the parents of children in care. If the provider remains in operation and exercises a right to a hearing, the provider must give a copy of the Notice of and Order for Hearing on the appeal to the parents of any child currently enrolled or seeking admission to the residence.

Subp. 11.

Reapplication after revocation or denial.

A provider whose license has been revoked because of noncompliance with applicable laws or rules, shall not be granted a new license for five years following revocation. When the commissioner initiates an action to revoke a license, the provider may not voluntarily withdraw his or her license without written assurance from the provider that he or she is voluntarily accepting revocation and will not reapply for five years. An applicant whose application was denied shall not be granted a new license for two years following a denial, unless the applicant's subsequent application contains new information which constitutes a substantial change in the condition that caused the previous denial.

9502.0345 AGENCY RECORDS.

Subpart 1.

Agency records.

The agency shall maintain the following records for each provider:

A.

A copy of the completed licensing application form signed by the applicant and the agency.

B.

The physical health reports on any adult giving care in the residence on a regular basis.

C.

Any written reports from the fire marshal, agent of a community health board as authorized under Minnesota Statutes, section 145A.04, or building official.

D.

The agency's initial and any renewal licensing studies.

E.

If the applicant has been licensed through another jurisdiction, the agency shall request and keep a reference from the licensing authority in that jurisdiction.

F.

The annual relicensing evaluation by the agency of the provider. Any comments of the provider about the evaluation by the agency shall also be noted in the agency record.

G.

Documentation of any variances of parts 9502.0315 to 9502.0445.

H.

Arrest, conviction, or criminal history information and substantiated maltreatment information used to disqualify an individual required to have a background study under Minnesota Statutes, chapter 245C.

Subp. 2.

Data privacy.

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.

9502.0355 CAREGIVER QUALIFICATIONS.

Subpart 1.

Age.

An applicant for family day care or group family day care shall be an adult at the time of licensure.

Subp. 2.

Health.

An adult caregiver shall be physically able to care for children.

A.

The applicant shall supply documentation to the agency with the license application that the applicant has had a physical examination from a licensed physician within 12 months prior to initial licensure and is physically able to care for children.

B.

The applicant shall supply documentation to the agency with the license application that all adult caregivers who are assisting with care on a regular basis have had a physical examination from a licensed physician within 12 months prior to employment within the residence and are physically able to care for children.

Subp. 3.

Group family day care.

A group family day care applicant shall meet all the requirements listed in subparts 1 and 2 for family day care. A group family day care applicant shall also meet the qualifications in item A, B, or C.

A.

A minimum of one years' substantial compliance with parts 9502.0315 to 9502.0445 as a licensed family day care provider; or

B.

A minimum of six months' substantial compliance with parts 9502.0315 to 9502.0445 as a licensed family day care provider; and

(1)

completion of an accredited competency based family day care training and assessment program offered by an accredited institute; or

(2)

thirty hours of child care, health, and nutrition training as specified in part 9502.0385, and a minimum of 520 hours of experience as an assistant teacher, student teacher, or intern in an elementary school or licensed child care center, or as an assistant adult caregiver in a licensed group family day care home; or

(3)

thirty hours of child development or early childhood education training, as specified in part 9502.0385, and a minimum of 520 hours of experience as a licensed practical or registered nurse; or

C.

Certification or licensure indicating:

(1)

completion of a two year child development or early childhood education associate or certificate program at an accredited college or university;

(2)

completion of a nine month child development assistant program at an accredited technical college;

(3)

a current Level I or Level II prekindergarten license from the Department of Education;

(4)

a kindergarten through sixth grade teaching degree from an accredited university or college that includes a minimum of 30 hours of child development training; or

(5)

documentation of a minimum of six months satisfactory experience as a full-time teacher at a state licensed group day care center.

Subp. 3a.

Accredited.

For the purposes of this part, "accredited" means a postsecondary institution or technical college recognized and listed by a regional, state, or national group approved by the department. To be approved, a group must meet the following criteria:

A.

it must be capable of conducting site visits to evaluate the facilities used by the program;

B.

it must be capable of evaluating the quality of the program and its faculty;

C.

it must have standards which ensure that persons who complete the program have the knowledge and training to work as group family day care providers; and

D.

it must not be affiliated with any individual program, postsecondary institution, or technical college.

Subp. 4.

Day care insurance coverage.

A provider shall have:

A.

a certificate of insurance for the residence for general liability coverage for bodily injury in the amount of at least $100,000 per person and $250,000 per occurrence; or

B.

if the provider has liability coverage of lesser limits or no liability coverage, the provider shall give a written notice of the level of liability coverage to parents of all children in care prior to admission or when there is a change in the amount of insurance coverage; and

C.

the provider shall maintain copies of the notice, signed by the parents to indicate they have read and understood it, in the provider's records on the residence as specified in part 9502.0405.

9502.0365 LICENSED CAPACITY, CHILD/ADULT RATIOS, AGE DISTRIBUTION RESTRICTIONS.

Subpart 1.

Capacity limits.

Family day care and group family day care providers shall comply with part 9502.0367, which limits the total number of children and the number of preschoolers, toddlers, and infants who may be in care at any one time, and provides for the number of adults who are required to be present.

A.

Providers shall be licensed for the total number of children, ten years of age or younger, who are present in the residence at any one time. The licensed capacity must include all children of any caregiver when the children are present in the residence.

B.

Within the licensed capacity, the age distribution restrictions specify the maximum number of children under school age, infants, and toddlers who are in care at any one time.

Subp. 2.

Specialized infant and toddler group family day care.

In specialized infant and toddler group family day care, the caregivers must be adults.

Subp. 3.

Newborn care.

When a newborn is in care and only one adult caregiver is present, the newborn shall be the only child under 12 months of age and the provider shall not care for more than two other children at the same time unless another adult caregiver is also present or the newborn is the provider's own.

Subp. 4.

Helpers.

A helper may be used in place of a second adult caregiver when there is no more than one infant or toddler present.

Subp. 5.

Supervision and use of substitutes.

A licensed provider must be the primary provider of care in the residence. Children in care must be supervised by a caregiver. The use of a substitute caregiver must be limited to a cumulative total of not more than 30 days in any 12-month period.

9502.0367 CHILD/ADULT RATIOS; AGE DISTRIBUTION RESTRICTIONS.

A.

Family Day Care:

Child/Adult Ratio		Age Restrictions
Licensed Capacity	Adults	Total children under school age	Total infants and toddlers
10	1	6	Of the total children under school age, a combined total of no more than 3 shall be infants and toddlers. Of this total, no more than 2 shall be infants.

B.

Specialized Infant and Toddler Family Day Care:

(1) 5	1	3	No more than 3 shall be infants.
(2) 6	1	4	No more than 2 shall be infants.

C.

Group Family Day Care:

(1) 10	1	8	Of the total children under school age, a combined total of no more than 3 shall be infants and toddlers. Of this total, no more than 2 shall be infants.
(2) 12	1	10	Of the total children under school age, a combined total of no more than 2 shall be infants and toddlers. Of this total, no more than 1 shall be an infant.
(3) 14	2	10	Of the total children under school age, a combined total of no more than 4 shall be infants and toddlers. Of this total, no more than 3 shall be infants.
A helper may be used in place of a second adult caregiver when there is no more than 1 infant or toddler present.

D.

Specialized Infant and Toddler Group Family Day Care:

9	2	7	Of the total children, no more than 4 shall be infants.
Both caregivers shall be adults.

9502.0375 REPORTING TO AGENCY.

Subpart 1.

Abuse, neglect reporting.

All caregivers shall report any suspected physical abuse, sexual abuse, or neglect of a child to the agency or police as required by Minnesota Statutes, chapter 260E. If a caregiver has reasonable cause to believe a child has died as a result of physical or sexual abuse or neglect, the caregiver shall report this information to the county medical examiner or coroner.

Subp. 2.

Other reporting.

The provider shall inform the agency:

A.

within 30 days of any change in the regular membership of the household within the day care residence or the addition of an employee who will regularly be providing care;

B.

immediately of any suspected case of physical or sexual abuse or neglect;

C.

within 48 hours after the occurrence of a fire that requires the service of a fire department so the agency may determine continued substantial compliance with parts 9502.0315 to 9502.0445; and

D.

immediately after the occurrence of any serious injury or death of a child within the day care residence. A serious injury is one that is treated by a physician.

9502.0395 BEHAVIOR GUIDANCE.

Subpart 1.

Methods.

Caregivers shall give each child guidance which helps the child acquire a positive self-concept, self-control, and teaches acceptable behavior.

A.

The provider shall discuss methods of behavior guidance with parents at the time of admission and the parent's standards shall be considered by the provider within the context of this part when guiding the behavior of a child.

B.

Behavior guidance used by caregivers must be constructive, positive, and suited to the age of the child. Methods of intervention, guidance, and redirection must be used.

Subp. 2.

Standards.

The following shall apply to all caregivers when guiding behavior in children.

A.

No child shall be subject to corporal punishment or emotional abuse. "Corporal punishment" means the nonaccidental infliction of physical pain on a child by a caregiver. Corporal punishment includes, but is not limited to, rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, and spanking. "Emotional abuse" means the infliction of verbal or psychological abuse on a child by a caregiver. Emotional abuse includes, but is not limited to, name calling, ostracism, shaming, derogatory remarks about the child or child's family, and threats which threaten, humiliate, or frighten the child.

B.

Food, light, warmth, clothing, and medical care shall not be withheld from the child.

C.

Discipline and punishment shall not be delegated to another child.

D.

The separation of a child from a group to guide behavior must be appropriate to the age of the child and circumstances requiring the separation.

E.

An infant shall not be separated from the group for disciplinary reasons.

F.

A child shall not be separated from the group for a period longer than ten minutes.

G.

A child separated from the group must be placed in an area or separate room that is well-lighted, free from hazards, ventilated, and open to the view of caregivers.

H.

No child shall be placed in a locked room to separate the child from the group.

Subp. 3.

Toilet training.

If toilet training is undertaken, the provider and parent shall cooperatively develop a plan for the timing and method of training.

A.

No child shall be punished for toileting accidents.

B.

A child shall be offered opportunity for toileting.

9502.0405 ADMISSIONS; PROVIDER RECORDS; REPORTING.

Subpart 1.

Cooperating with parents.

When admitting a child to day care, the provider and parents shall discuss child rearing, sleeping, feeding, and behavior guidance practices essential for the care of the child.

Subp. 2.

Rule summary for parents.

A descriptive summary of parts 9502.0315 to 9502.0445 shall be distributed to the parent by the provider at the time a child is admitted to care. The summary shall be provided by the department to the agency for distribution to the provider. The summary shall be written in language that is understandable to the general public and:

A.

state that parts 9502.0315 to 9502.0445 govern the licensing of day care residences;

B.

specify the rule part headings contained in parts 9502.0315 to 9502.0445; and

C.

state that a complete copy of parts 9502.0315 to 9502.0445 may be seen at the day care residence, the agency, department, or State Law Library, or purchased from the Print Communications Division, Department of Administration, State of Minnesota, 117 University Avenue, Saint Paul, Minnesota 55155.

Subp. 3.

Provider policies.

The provider shall have the following written information available for discussion with parents or the agency:

A.

the ages and numbers of children in care in the residence;

B.

the hours and days of operation;

C.

meals and snacks to be served;

D.

labeling requirements for food brought from the child's home;

E.

sleeping and rest arrangements;

F.

nondiscrimination practices to comply with subpart 6;

G.

policies for the care of ill children, disease notification procedures, immunizations, and medicine permission policies;

H.

emergency, fire, and storm plans and the monthly fire drill log;

I.

seat belt and transportation plans and field trip and transportation permission requirements;

J.

fees;

K.

termination and notice procedures;

L.

plans for a helper and substitute for emergencies, vacations, or holidays;

M.

the presence of pets in the residence;

N.

a complete copy of parts 9502.0315 to 9502.0445;

O.

insurance coverage; and

P.

whether or not smoking is permitted in the residence during the hours children are in care.

Subp. 4.

Records for each child.

The provider shall obtain the information required by items A to C from parents prior to admission of a child. The provider shall keep this information up-to-date and on file for each child.

A.

The signed and completed admission and arrangements form of the department must be on file in the provider's home and contain the following information:

(1)

Name and birthdate of the child.

(2)

Full name of parents.

(3)

Home address, work address, and telephone numbers where parents may be reached.

(4)

Name, address, and telephone number of physician, dentist, and hospital to be used for emergencies when parents cannot be reached.

(5)

Name, address, and telephone number of persons to be notified in case of emergency, when parents cannot be reached.

(6)

Names of all persons authorized to remove the child from the residence.

(7)

Enrollment dates.

(8)

Financial arrangements.

(9)

Insurance notification specified in part 9502.0355, subpart 4.

B.

Special instructions from the parent shall be obtained in writing and followed about toilet training, eating, sleeping or napping, allergies, and any health problems.

C.

Immunization records must be kept in accordance with Minnesota Statutes, section 121A.15. The provider shall request, update, and keep on file the dates of immunizations received by a child in regular attendance at the residence as follows:

(1)

for an infant, every six months;

(2)

for a toddler, annually;

(3)

for a preschool child, every 18 months; and

(4)

for a school-age child, every three years.

D.

Signed written consent must be obtained in advance from the parent so the provider can obtain emergency medical care or treatment. The consent may be used if the parent cannot be reached or is delayed in arriving.

E.

Written permission to transport children must be obtained from parents if the provider will be transporting a child.

F.

A provider shall release a child from care only to a parent or a person authorized by the parent.

Subp. 5.

Children with disabilities.

For children with disabilities requiring special therapy, program, or behavior guidance, the parents, physician, or therapist shall provide and the provider shall follow written instructions for any special needs. "Child with a disability" means a child who has been determined by a physician, a school district multidisciplinary team, or other person licensed to identify disabling conditions, to have a hearing, mental, neurological, developmental, serious emotional, social, learning, speech or language, physical, or visual impairment.

Subp. 6.

Nondiscrimination.

No caregiver shall discriminate in relation to admissions on the basis of race, creed, color, national origin, religion, or sex.

9502.0415 ACTIVITIES AND EQUIPMENT.

Subpart 1.

General activities.

Day care activities must provide for the physical, intellectual, emotional, and social development of the child. The environment must facilitate the implementation of the activities. Activities must:

A.

be scheduled indoors and outdoors, weather permitting;

B.

be appropriate to the developmental stage and age of the child;

C.

include active and quiet activity; and

D.

contain provider-directed and child-initiated activity.

Subp. 2.

[Repealed, 10 SR 2617]

Subp. 3.

Equipment.

The provider must have the equipment specified in this part in adequate quantities for the number and ages of children in care and to carry out the activities specified in this part. Equipment may be new, used, commercial, or homemade, as long as it is appropriate for the ages of the children and activities for which it will be used, safe, and in good repair.

Subp. 4.

Newborn or infant activities.

The provider shall:

A.

Hold the infant or newborn during bottle feedings until the child can hold its own bottle. Bottles must not be propped.

B.

Respond to the infant or newborn's attempts to communicate.

C.

Provide freedom of movement to the infant or newborn during a large part of the waking day to the extent that safety and weather permits. The noncreeping child shall spend part of each day out of a crib or infant seat. The creeping infant or newborn shall have freedom to explore outside of the crib or infant seat.

D.

Give the infant or newborn opportunity to stimulate the senses by providing a variety of activities and objects to see, touch, feel, smell, hear, and taste.

E.

Provide activities for the infant or newborn that develop the child's manipulative and fine motor skills, self-awareness, and social responsiveness.

Subp. 5.

Newborn or infant equipment.

The following minimum equipment is required for each infant or newborn:

A.

an infant seat or high chair; and

B.

a crib, portable crib, or playpen with waterproof mattress or pad which meets the requirements in part 9502.0425, subpart 9.

Subp. 6.

Toddler activities.

The provider shall:

A.

Provide the toddler with freedom of movement and freedom to explore outside the crib or playpen.

B.

Talk to, listen to, and interact with the toddler to encourage language development.

C.

Provide the toddler with large muscle activities and activities which develop the child's small muscles and manipulative skills.

D.

Develop and stimulate learning by reading stories to the child or looking at picture books together.

E.

Give the toddler opportunities to stimulate the senses by providing a variety of age-appropriate activities and objects to see, touch, feel, smell, hear, and taste.

Subp. 7.

Toddler equipment.

Each toddler shall be provided with a mat, crib, cot, bed, sofa, or sleeping bag.

Subp. 8.

Preschooler activities.

The provider shall:

A.

Encourage conversation between the child and other children and adults.

B.

Provide opportunity to play near and with other children; provide time and space for individual and group play; allow for quiet times to talk or rest; allow for unplanned time and individual play time.

C.

Foster understanding of personal and peer feelings and actions and allow for the constructive release of feelings and anger through discussion or play.

D.

Give assistance in toileting and provide time to carry out self-help skills and provide opportunity to be responsible for activities like putting away play equipment and helping around the house.

E.

Provide opportunity for each child to make decisions about daily activities and to take credit for the consequences of decisions.

F.

Provide time and areas for age appropriate large muscle play.

G.

Provide learning, small muscle, manipulative, creative or sensory activities.

H.

Read stories, look at books together, and talk about new words and ideas with the child.

Subp. 9.

Preschooler equipment.

Each preschooler shall be provided with a mat, bed, cot, sofa, or sleeping bag.

Subp. 10.

School-age activities.

The provider shall:

A.

provide opportunities for individual discussion about the happenings of the day and planning for activities;

B.

provide space and opportunity for games, activities, or sports using the whole body, outdoors, weather permitting;

C.

provide space and opportunity for individual rest and quiet time;

D.

allow increased freedom as the child demonstrates increased responsibility;

E.

provide opportunities for group experiences with other children;

F.

provide opportunities to develop or expand self-help skills or real-life experiences; and

G.

provide opportunities for creative and dramatic activity, arts and crafts, or field trips.

Subp. 11.

[Repealed, 10 SR 2617]

Subp. 12.

Written permission.

Written permission must be obtained from the parent to allow a school-age child in care to participate in activities away from the residence.

9502.0425 PHYSICAL ENVIRONMENT.

Subpart 1.

Indoor space.

The licensed capacity of the day care residence must be limited by the amount of usable indoor space available to children. A minimum of 35 square feet of usable indoor space is required per child.

A.

Bathrooms, closets, space occupied by major appliances, and other space not used by children may not be counted as usable space. Space occupied by adult furniture, if it is used by children, may be counted as usable indoor space.

B.

Usable indoor space may include a basement if it has been inspected by a fire marshal, is free of hazard, and meets the minimum exiting standards specified in subpart 4.

Subp. 2.

Outdoor play space.

There must be an outdoor play space of at least 50 square feet per child in attendance, adjacent to the residence, for regular use, or a park, playground, or play space within 1,500 feet of the residence. On-site supervision must be provided by a caregiver for children of less than school age when play space is not adjacent to the residence. Enclosure may be required by the agency to provide protection from rail, traffic, water, or machinery hazard. The area must be free of litter, rubbish, toxic materials, water hazards, machinery, unlocked vehicles, human or animal wastes, and sewage contaminants.

Subp. 3.

Water hazards.

Swimming and wading pools, beaches, or other bodies of water on or adjacent to the site of the residence must be inaccessible to children except during periods of supervised use. Wading pools, as defined in chapter 4717, must be kept clean. When children use a swimming pool, as defined in chapter 4717, or beach, an attendant trained in first aid and resuscitation shall be present. Any public swimming pool, as defined in chapter 4717, used by children must meet the requirements of chapter 4717.

Subp. 4.

[Repealed, L 2019 1Sp9 art 2 s 134]

Subp. 5.

[Repealed, L 2024 c 115 art 19 s 30]

Subp. 6.

Vertical separations.

For group family day care homes with a licensed capacity of more than ten children, a 1-3/4 inch solid wood core door or a door and frame with at least a 20-minute fire protection rating, must be provided whenever more than two floors of the residence are connected. These doors must be equipped with self-closing devices.

Subp. 7.

Heating and venting systems.

The following heating and venting guidelines must be met:

A.

Stove and heater locations must not block escape in case of a fire.

B.

Gas, coal, wood, kerosene, or oil heaters must be vented to the outside in accordance with the State Building Code.

C.

Combustible items must not be located within 36 inches of the furnace or other heating sources.

D.

Whenever in use, fireplaces, wood-burning stoves, solid fuel appliances, space heaters, steam radiators, and other potentially hot surfaces, such as steam pipes, must be protected by guards to prevent burns. All fireplaces, wood-burning stoves, space heaters, steam radiators, and furnaces must be installed according to the State Building Code.

E.

The furnace, hot water heater, and workshop area must be inaccessible to children. Separation may be by a door, partition, or gate. There must be allowance for air circulation to the furnace.

F.

Ventilation of usable space must meet the requirements of the State Building Code. Outside doors and windows used for ventilation in summer months must be screened when biting insects are prevalent.

Subp. 8.

Temperature.

A minimum temperature of 62 degrees Fahrenheit must be maintained in indoor areas used by children.

Subp. 9.

Infant and newborn sleeping space.

There must be a safe, comfortable sleeping space for each infant and newborn. A crib, portable crib, or playpen with waterproof mattress or pad must be provided for each infant or newborn in care. The equipment must be of safe and sturdy construction that conforms to volume 16, parts 1508 to 1508.7 and parts 1509 to 1509.9 of the Code of Federal Regulations, its successor, or have a bar or rail pattern such that a 2-3/8 inch diameter sphere cannot pass through. Playpens with mesh sidings must not be used for the care or sleeping of infants or newborns.

Subp. 10.

[Repealed, L 2024 c 115 art 19 s 30]

Subp. 11.

Decks.

Decks, balconies, or lofts used by children more than 30 inches above the ground or floor must be surrounded by a protective guardrail and be constructed in accordance with the State Building Code. Wooden decks must be free of splinters and coated with wood preservative, paint, or constructed with treated wood.

Subp. 12.

Locks and latches.

Door locks and latches must meet the following guidelines:

A.

a closet door latch must be made so that children can open the door from inside the closet;

B.

every bathroom door lock must permit opening of the locked door from the outside and the opening device must be readily accessible to all caregivers; and

C.

double cylinder (key required both sides) locks on exit doors are prohibited.

Subp. 13.

Sewage disposal.

Day care residences must have toilet facilities and sewage disposal systems that conform to the State Building Code or local septic system ordinances. The toilets must flush thoroughly. Outdoor toilets are permissible when local ordinances allow.

Subp. 14.

Construction, remodeling.

During construction or remodeling, children shall not have access to dangerous construction or remodeling areas within or around the residence.

Subp. 15.

Interior walls and ceilings.

The interior walls and ceilings within the residence, as well as corridors, stairways, and lobbies must have a flame spread rating of 200 or less.

Subp. 16.

[Repealed, L 2019 1Sp9 art 2 s 134]

Subp. 17.

[Repealed, L 2019 1Sp9 art 2 s 134]

Subp. 18.

Electrical services.

The following electrical guidelines must be met:

A.

all electric receptacles accessible to children under first grade must be tamper-proof or shielded when not in use;

B.

all major electrical appliances must be properly installed, grounded in accordance with the state electric code, and in good working order;

C.

extension cords shall not be used as a substitute for permanent wiring; extension cords and flexible cords shall not be affixed to structures, extended through walls, ceilings, floors, under doors or floor coverings, nor be subject to environmental damage or physical impact; and

D.

electrical wiring must be sized to provide for the load and be in good repair.

Subp. 19.

Smoking prohibited in group family child care home.

Pursuant to Minnesota Statutes, section 144.414, subdivision 2, smoking is prohibited in a group family child care provider's home during hours of operation.

9502.0435 SANITATION AND HEALTH.

Subpart 1.

Sanitation and cleanliness.

The residence must be free from accumulations of dirt, rubbish, or peeling paint.

Subp. 2.

Pest control.

Effective measures must be taken to protect the home against vermin and insects. Chemicals for insect and rodent control must not be applied in areas accessible to children when children are present.

Subp. 3.

Rubbish.

Indoor and outdoor garbage and rubbish containers must not be accessible to infants and toddlers.

Subp. 4.

Toxic substances.

All medicines, chemicals, detergents, poisonous plants, alcoholic beverages, and other toxic substances must be inaccessible to children. They must be stored away from food products. Equipment or toys which are mouthed or may be chewed must be free of lead-based paint. Toys and equipment with chipped, cracked, or peeling paint must be tested to verify the absence of lead or be replaced.

Subp. 5.

Firearms.

All firearms must be unloaded and inaccessible to children. Ammunition and firearms must be stored in separate locked areas.

Subp. 6.

Hazardous activity materials.

Knives, matches, plastic bags, and other potential hazards must be kept out of the reach of infants, toddlers, and preschoolers. The use of potentially hazardous materials and tools must be supervised.

Subp. 7.

First aid kit.

The provider shall have a first aid kit that contains bandages, sterile compresses, scissors, an ice bag or cold pack, an oral or surface thermometer, mild liquid soap, and adhesive tape. A first aid manual must be included. The kit and manual must be accessible and taken on field trips.

Subp. 8.

Emergencies.

The provider shall be prepared for emergencies.

A.

An operable telephone must be located within the residence.

B.

Emergency phone numbers must be posted by the telephone. The numbers must be those of the local fire department, police department, emergency transportation, and poison control center.

C.

The emergency phone numbers of the parents and child's physician and dentist must be readily available within the residence and taken on field trips.

D.

Prior arrangements must be made for a substitute to provide care during emergencies.

E.

For severe storms and tornadoes, the provider shall have a designated area within the residence that children shall go to for cover, and an operable battery flashlight, and portable radio or TV available.

F.

The provider shall have a written fire escape plan and a log of monthly fire and storm drills on file in the residence. The plan must be approved by the agency and specify:

(1)

emergency phone numbers;

(2)

a place to meet outdoors for roll call;

(3)

smoke detector and fire extinguisher locations;

(4)

plans for monthly fire and tornado drill sessions; and

(5)

escape routes to the outside from all levels used by children. In buildings with three or more dwelling units, enclosed exit stairs must be indicated.

Subp. 9.

Transportation of children.

When transportation is given to children in a motor vehicle other than a bus or school bus operated by a common carrier, the following provisions for their safety must be made.

A.

A child may be transported only if the child is fastened in a safety seat, seat belt, or harness appropriate to the child's weight and the restraint is installed and used in accordance with the manufacturer's instructions.

B.

A child under the age of four may be transported only if the child is securely fastened in a child passenger restraint system which meets the federal motor vehicle safety standards contained in Code of Federal Regulations, title 49, section 571.213 or its successor.

C.

Any vehicle operated by the provider for the transportation of children must be licensed in accordance with the laws of the state and the driver shall hold a current, valid driver's license.

D.

Written permission to transport children must be obtained from parents.

E.

No child is permitted to remain unattended in any vehicle.

Subp. 10.

Separation of personal articles.

Separate towels, wash cloths, drinking cups, combs, and other personal articles must be used for each child.

Subp. 11.

Bedding.

Clean, separate bedding must be provided for each child in care.

Subp. 12.

Pets.

All pets housed within the residence shall be maintained in good health and limited to dogs, cats, fish, guinea pigs, gerbils, rabbits, hamsters, rats, mice, and birds if the birds are clear of chlamydia psittaci. The provider shall ensure that:

A.

parents are notified prior to admission of the presence of pets in the residence;

B.

children handle animals only with supervision;

C.

rabies shots and tags are current for all dogs and cats;

D.

pet cages are located and cleaned away from any food preparation, storage, or serving areas;

E.

play areas are free of animal excrement not confined to pet cages;

F.

parents of a child whose skin is broken by an animal bite or scratch, are notified of the injury on the day the injury occurs; and

G.

the agent of a community health board as authorized under Minnesota Statutes, section 145A.04 is immediately notified whenever a child in care is bitten by an animal, the notification shall be given before any steps are taken to destroy the animal, and the provider shall take reasonable steps to confine the animal.

Subp. 13.

Diapers.

Children in diapers shall be kept clean and dry. The following sanitary procedures must be used to reduce the spread of communicable disease.

A.

An adequate supply of clean diapers must be available for each child and stored in a clean place inaccessible to children. If cloth diapers are used, parents must provide a change of the outer plastic pants for each fecally soiled diaper change. Cloth diapers, except those supplied by a commercial diaper service, and plastic pants, if supplied by parents, must be labeled with the child's name.

B.

Diapers and clothing must be changed when wet or soiled.

C.

For disposable diapers, a covered diaper disposal container must be located in the diaper changing area and lined with a disposable plastic bag. The container must be emptied when full, and at least daily.

D.

Diapering must not take place in a food preparation area. The diaper changing area must be covered with a smooth, nonabsorbent surface. If the surface is not disposable and is wet or soiled, it must be washed with soap and water to remove debris and then disinfected with a solution of at least two teaspoons of chlorine bleach to one quart of water. If the surface is not soiled with feces or urine, then it must be disinfected with the solution of chlorine bleach and water after each diapering.

E.

Single service disposable wipes or freshly laundered cloths must be used for washing a soiled child. A child who has soiled or wet must be washed with a disposable wipe or a freshly laundered cloth before rediapering.

F.

Cloth diapers, except those supplied by a commercial diaper service, plastic pants, and soiled clothing must be placed in the plastic bag after removal and sent home with the parent daily.

Subp. 14.

Toilet training chairs.

Toilet training chairs, chairs, stools, and seats must be washed with soap and water when soiled, and at least daily.

Subp. 15.

Hand washing.

A child's hands must be washed with soap and water when soiled, after the use of a toilet or toilet training chair, and before eating a meal or snack. The provider shall monitor and assist the child who needs help.

A.

In sinks and tubs accessible to children, the water temperature must not exceed 120 degrees Fahrenheit to prevent children from scalding themselves while washing.

B.

Caregivers shall wash their hands with soap and water after each diaper change, after assisting a child on the toilet, after washing the diapering surface, and before food preparation. Hands must be dried on a single use towel.

Subp. 16.

Care of ill children, medicine administration.

The following provisions must be followed for the care of ill children and the administration of medicine.

A.

The provider shall notify the parent immediately when a child in care develops any of the following symptoms:

(1)

underarm temperature of 100 degrees Fahrenheit or over, or an oral temperature of 101 degrees Fahrenheit or over;

(2)

vomiting;

(3)

diarrhea; or

(4)

rash, other than mild diaper or heat-related rash.

B.

The provider shall follow written instructions from an authorized agent or the physician of an ill child placed in the provider's care if the child has any of the illnesses specified in item E.

C.

The provider shall require that a child's parent notify the provider within 24 hours of the diagnosis of a serious contagious illness or parasitic infestation listed in item E so the provider may notify the parents of other children in care.

D.

The provider shall inform a parent of each exposed child the same day the provider is notified a positive diagnosis has been made for any of the illnesses or parasitic infestations in item E.

E.

The provider shall notify the authorized agent or Minnesota Department of Health of any suspected case of reportable disease as specified in part 4605.7040. The agency shall provide the provider with a copy of part 4605.7040 at the time of initial licensure.

F.

The following govern the administration of medicine by the provider to children in care:

(1)

The provider shall obtain written permission from the child's parent prior to administering medicine, diapering products, sunscreen lotions, and insect repellents. Nonprescription medicines, diapering products, sunscreen lotions, and insect repellents must be administered according to the manufacturer's instructions unless there are written instructions for their use provided by a licensed physician or dentist.

(2)

The provider shall obtain and follow written instructions from a licensed physician or dentist prior to administering each prescription medicine. Medicine with the child's name and current prescription information on the label constitutes instructions.

9502.0445 WATER, FOOD, AND NUTRITION.

Subpart 1.

Water.

There must be a safe water supply in the residence.

A.

Water from privately owned wells, must be tested annually by a Minnesota Health Department certified laboratory for coliform bacteria and nitrate nitrogens to verify safety. The provider shall file a record of the test results with the agency. Retesting and corrective measures may be required by the agency if results exceed state drinking water standards or where the supply may be subject to off-site contamination.

B.

Drinking water must be available to the children and offered at frequent intervals in separate or single service drinking cups or bottles.

Subp. 2.

Milk.

Milk served to children in care must be pasteurized.

Subp. 3.

Meals and snacks.

Well-balanced meals and snacks must be offered daily.

A.

Food served during the day must include servings from each of the basic food groups as defined by the United States Department of Agriculture's Code of Federal Regulations, title 7, section 226.20.

B.

The provider shall follow written instructions obtained from the parents, at the time of enrollment, on each child's special diet or food needs. Parents shall be consulted about special food preferences.

C.

Flexible feeding schedules must be provided for infants and toddlers, and the infant or toddler's usual diet and feeding schedule must be followed.

D.

Food, lunches, and bottles brought from home must be labeled with the child's name and refrigerated when necessary. Bottles must be washed after use.

Subp. 4.

Food safety.

Food must be handled and stored properly to prevent contamination and spoilage.

A.

All food and cooking utensils must be stored to protect them from dust, vermin, pipe leakage, or other contamination.

B.

Food requiring refrigeration must be maintained at no more than 40 degrees Fahrenheit. Food requiring heating must be maintained at no less than 150 degrees Fahrenheit until ready to serve. Frozen food must be maintained in a solid state until used.

C.

Appliances used in food storage and preparation must be safe and clean.

D.

No hermetically sealed (canned), nonacid or low-acid food which has been processed in a place other than a commercial food-processing establishment shall be served to children in care. Low-acid food includes meats, fish, and poultry and most vegetables and is required to be steam-pressure canned by the United States Department of Agriculture in Bulletin number 8, "Home Canning of Fruits and Vegetables," 1983 Edition. Fresh and frozen foods, properly canned tomatoes, pickled foods, and canned fruits such as apples, berries, peaches, apricots, jams, and jellies may be served to children in care. The USDA "Home Canning of Fruits and Vegetables," Home and Garden Bulletin number 8, 1983 Edition, is incorporated by reference. It is not subject to frequent change and is available through Minitex interlibrary loan system, or by writing the Superintendent of Documents, U.S. Government Printing Office, Washington D.C., 20402.

9503.0005 DEFINITIONS.

Subpart 1.

Scope.

The definitions in this part apply to parts 9503.0005 to 9503.0170.

Subp. 2.

Age category.

"Age category" means the designation given a child according to the child's age. The age categories are as follows:

A.

"Infant" means a child who is at least six weeks old but less than 16 months old.

B.

"Toddler" means a child at least 16 months old but less than 33 months old.

C.

"Preschooler" means a child who is at least 33 months old but who has not yet attended the first day of kindergarten.

D.

"School-age child" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 16.

The age designation given a child may be further modified in accordance with part 9503.0040, subpart 4.

Subp. 3.

Applicant.

"Applicant" means a person, corporation, partnership, voluntary association, or other organization that has applied for licensure under Minnesota Statutes, chapter 245A, and parts 9503.0005 to 9503.0170. The term includes license holders that have applied for a new license to continue operating a child care program after the expiration date of their current license.

Subp. 4.

Building official.

"Building official" means a person appointed according to Minnesota Statutes, section 326B.133, to administer the State Building Code. The term includes the appointee's authorized representative.

Subp. 5.

Center.

"Center" means a facility in which a child care program is operated when the facility is not excluded by Minnesota Statutes, section 245A.03, subdivision 2, and is not required to be licensed under parts 9502.0315 to 9502.0445 as a family or group family day care home.

Subp. 6.

Child.

"Child" means a person 12 years old or younger.

Subp. 7.

Child care program.

"Child care program" means the systematic organization or arrangement of activities, personnel, materials, and equipment in a facility to promote the physical, intellectual, social, and emotional development of a child in the absence of the parent for a period of less than 24 hours a day.

Subp. 8.

Child care program plan.

"Child care program plan" means the written document that states the specific activities that will be provided by the license holder to promote the physical, intellectual, social, and emotional development of the children enrolled in the center.

Subp. 9.

Clean.

"Clean" means free from dirt or other contaminants that can be detected by sight, smell, or touch.

Subp. 10.

Commissioner.

"Commissioner" means the commissioner of the Department of Human Services or the commissioner's designated representative.

Subp. 11.

Disinfected.

"Disinfected" means treated to reduce microorganism contamination after an object has been cleaned. Disinfection must be done by rinsing or wiping with a solution of one-fourth cup chlorine bleach plus water to equal one gallon, or an equivalent product or process approved by the community health board as defined in Minnesota Statutes, section 145A.02, or its designee.

Subp. 12.

Facility.

"Facility" means the indoor and outdoor space in which the child care program is provided.

Subp. 13.

Fire marshal.

"Fire marshal" means the person designated by Minnesota Statutes, section 299F.011, to administer and enforce the Minnesota Uniform Fire Code. The term includes the fire marshal's authorized representative.

Subp. 14.

Health consultant.

"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.

Subp. 15.

License.

"License" means a certificate issued by the commissioner authorizing the license holder to operate a child care program in a center for a specified period of time in accordance with the terms of the license, rules of the commissioner, and provisions of Minnesota Statutes, chapter 245A.

Subp. 16.

License holder.

"License holder" means the individual, corporation, partnership, voluntary association, or other organization legally responsible for the operation of the child care program in a center that has been granted a license by the commissioner under Minnesota Statutes, chapter 245A, and parts 9503.0005 to 9503.0170.

Subp. 17.

Licensed capacity.

"Licensed capacity" means the maximum number of children for which the license holder is licensed to operate a child care program in a center at any one time.

Subp. 18.

Medicine.

"Medicine" means a substance used to treat disease or injuries, maintain health, heal, or relieve pain. The term applies to prescription and nonprescription substances taken internally or applied externally.

Subp. 19.

Minnesota Uniform Fire Code.

"Minnesota Uniform Fire Code" means those codes and regulations adopted by the state fire marshal according to Minnesota Statutes, section 299F.011.

Subp. 20.

Parent.

"Parent" means the person or persons with legal custody of the child.

Subp. 21.

Program staff person.

"Program staff person" means a teacher, assistant teacher, or aide, whether paid or unpaid, who carries out the child care program plan in the center and has direct contact with children.

Subp. 21a.

School-age child care program.

"School-age child care program" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 17.

Subp. 22.

Sick child.

"Sick child" means a child with a condition or illness as specified in part 9503.0080.

Subp. 23.

Staff person.

"Staff person" means a person, whether paid or unpaid, who works in the center.

Subp. 24.

State Building Code.

"State Building Code" means those codes and regulations adopted by the commissioner of the Department of Administration according to Minnesota Statutes, section 326B.101, and contained in chapter 1300.

Subp. 25.

Supervision.

"Supervision" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 18.

Subp. 26.

Variance.

"Variance" means time limited written permission by the commissioner for an applicant or license holder to depart from the provisions of parts 9503.0005 to 9503.0170 if equivalent alternative measures are taken to ensure the health, safety, and rights of the children in care.

9503.0010 APPLICABILITY.

Parts 9503.0005 to 9503.0170 govern the licensure of the applicants for and license holders operating a child care program in a center.

9503.0015 OPTIONS FOR CHILD CARE PROGRAMS.

A license holder must provide one or more of the following child care programs:

A.

A "day program" means a child care program operated during normal waking hours (approximately 6 a.m. to 6 p.m.). The program:

(1)

operates for more than 30 days in any 12 month period and is not excluded by Minnesota Statutes, section 245A.03, subdivision 2; and

(2)

provides care to any child for more than 30 days in any 12 month period and 45 hours in any calendar month.

B.

A "drop-in child care program" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 6a.

C.

A "night care program" means a child care program operated during normal sleeping hours (approximately 6 p.m. to 6 a.m.).

D.

A "sick care program" means a child care program that provides care to a sick child.

E.

A "school-age child care program" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 17.

9503.0030 QUALIFICATIONS OF APPLICANT AND STAFF.

Subpart 1.

Definitions.

In parts 9503.0030 to 9503.0034:

A.

"Accredited course" means a course that is offered for credit by or through an accredited postsecondary institution.

B.

[Repealed, L 2025 1Sp3 art 14 s 22]

C.

"Experience" means paid or unpaid employment serving children as a teacher, assistant teacher, or aide, in a licensed child care center, or work as a student intern in a licensed center, a school operated by the commissioner of education or by a legally constituted local school board, or a private school approved under rules administered by the commissioner of education.

D.

"Student intern" means a student of a postsecondary institution assigned by that institution for a supervised experience with children. The experience must be in a licensed center, an elementary school operated by the commissioner of education or a legally constituted local school board, or a private school approved under rules administered by the commissioner of education. The term includes a person who is practice teaching, student teaching, or carrying out a practicum or internship.

E.

"Staff supervision" means responsibility to hire, train, assign duties, and direct staff in day to day activities and evaluate staff performance. A "supervisor" is a person with staff supervision responsibility.

Subp. 2.

[Repealed, 18 SR 2748]

Subp. 3.

[Repealed, 18 SR 2748]

Subp. 4.

[Repealed, 18 SR 2748]

9503.0031 DIRECTORS.

Subpart 1.

General requirements for a director.

A director must:

A.

be at least 18 years old;

B.

be a graduate of a high school or hold an equivalent diploma attained through successful completion of the commissioner of education-selected high school equivalency test;

C.

have at least 1,040 hours of paid or unpaid staff supervision experience; and

D.

have at least nine quarter credits or 90 hours earned in any combination of accredited courses in staff supervision, human relations, and child development.

Subp. 2.

Additional requirements.

If a director functions as a teacher or develops or revises the child care program plan, the director must meet the qualifications of a teacher specified in part 9503.0032.

9503.0032 TEACHERS.

Subpart 1.

Teacher qualifications, general.

A teacher must be at least 18 years old and meet the qualifications in subpart 2 with the following exceptions:

A.

A registered nurse or licensed practical nurse is qualified as a teacher for infants only.

B.

A registered nurse may be used to meet the staff-to-child ratios for a teacher for sick care in a center licensed to operate a sick care program.

Subp. 2.

Teacher education and experience requirements.

A teacher with the credential listed in column A must have the education and experience listed in column B.

Column A	Column B
(1) A high school diploma or commissioner of education-selected high school equivalency certification	Experience: 4,160 hours as assistant teacherEducation: 24 quarter credits
.
(2) Diploma from Association Montessori Internationale; preprimary credential, primary diploma, or provisional certificate from the American Montessori Society, without a baccalaureate degree	Experience: 2,080 hours as assistant teacher, aide, or student internEducation: 12 quarter credits
.
(3) Preprimary credential, primary diploma, or provisional certificate from the American Montessori Society; or diploma from the Association Montessori Internationale with a baccalaureate degree	Experience: 1,040 hours as assistant teacher, aide, or student internEducation: no additional required
.
(4) Minnesota technical institute certificate as a Child Development Assistant	Experience: 2,080 hours as an assistant teacherEducation: six quarter credits
.
(5) Child Development Associate credential (center based or family day care) for preschool or for infants and toddlers from the Council for Early Childhood Professional Recognition	Experience: 1,560 hours as assistant teacher, aide, or student internEducation: no additional required
.
(6) License from the Minnesota Department of Education for Prekindergarten Associate; or a certificate or credential for a two-year program from an accredited community college or technical college in child development or early childhood education	Experience: 1,040 hours as assistant teacher, aide, or student internEducation: six quarter credits
.
(7) Baccalaureate degree from an accredited college or university in any field	Experience: 1,040 hours as assistant teacher, aide, or student internEducation: 18 quarter credits
.
(8) License from the Minnesota Department of Education for elementary education without kindergarten endorsement	Experience: 520 hours as assistant teacher, aide, or student intern if teaching children under school ageEducation: six quarter credits within one year of initial employment if teaching children under school age
.
(9) License from the Minnesota Department of Education for prekindergarten/nursery, or a license from the Minnesota Department of Education for elementary education with a kindergarten endorsement	Experience: no additional requiredEducation: no additional required

9503.0033 ASSISTANT TEACHERS.

Subpart 1.

Assistant teacher qualifications, general.

An assistant teacher must work under the supervision of a teacher. An assistant teacher must be at least 18 years old and meet the qualifications in subpart 2 with the following exceptions:

A.

A registered nurse or licensed practical nurse is qualified as an assistant teacher for infants only.

B.

A registered nurse may be used to meet the staff-to-child ratios for an assistant teacher for sick care in a center licensed to operate a sick care program.

Subp. 2.

Assistant teacher education and experience requirements.

An assistant teacher with the credential listed in column A must have the education and experience listed in column B.

Column A	Column B
(1) High school diploma or commissioner of education-selected high school equivalency certification	Experience: 2,080 hours as an aide or student internEducation: 12 quarter credits
.
(2) Minnesota license as a family day care or group family day care provider	Experience: 2,080 hours as a licensed family day care or group family day care providerEducation: 12 quarter credits
.
(3) Diploma from Association Montessori Internationale or preprimary credential, primary diploma, or provisional certificate from the American Montessori Society	Experience: 520 hours as an aide or student internEducation: three quarter credits
.
(4) Minnesota technical institute certificate as a Child Development Assistant	Experience: 520 hours as an aide or student internEducation: no additional required
.
(5) Two years full-time postsecondary education from a college or university	Experience: 1,040 hours as an aide or student internEducation: nine quarter credits
.
(6) Child Development Associate credential, center based or for family day care, from the Council for Early Childhood Professional Recognition	Experience: no additional requiredEducation: no additional required
.
(7) Baccalaureate degree in any field from an accredited college or university	Experience: no additional requiredEducation: nine quarter credits
.
(8) Certificate or credential for a two year program in child development or early childhood education at a Minnesota community college or technical college	Experience: no additional requiredEducation: no additional required
.
(9) License from the Minnesota Department of Children, Families, and Learning for Prekindergarten Associate	Experience: no additional requiredEducation: no additional required

9503.0034 AIDES, VOLUNTEERS, SUBSTITUTES.

Subpart 1.

Aide qualifications.

In this part, "aide" means a staff person who carries out child care program activities under the supervision of a teacher or assistant teacher. An aide who is under 18 years old must be directly supervised by a teacher or assistant teacher at all times except when the aide is assisting with the supervision of sleeping children or assisting children with washing, toileting, and diapering. An aide must be at least 16 years old.

Subp. 2.

Volunteers used as staff.

A volunteer who is included in the staff-to-child ratio must meet the requirements for the assigned staff position as specified in parts 9503.0030 to 9503.0034. Volunteers who have direct contact with or access to children must be supervised by a staff person who meets the qualifications for director, teacher, or assistant teacher.

Subp. 3.

Substitute staff.

A person designated as a substitute must meet the qualifications for the assigned staff position as specified in parts 9503.0030 to 9503.0034, except that the license holder may use substitutes who do not meet the qualifications for teacher in part 9503.0032, subpart 2, or assistant teacher in part 9503.0033, subpart 2, only if:

A.

the amount of unqualified substitute hours per center per calendar year does not exceed 40 hours multiplied by the number of the center's full-time teacher and assistant teacher positions;

B.

unqualified substitutes are not used as teachers or assistant teachers for more than ten consecutive working days for the same group of children per calendar year; and

C.

there is always a person qualified as a teacher present within the center except as qualified in part 9503.0040, subpart 2, item B.

9503.0040 STAFF RATIOS AND GROUP SIZE.

Subpart 1.

Staff-to-child ratios and maximum group size.

Except as provided in subpart 2, the minimally acceptable staff-to-child ratios and the maximum group size within each age category are:

Age Category	Minimum Staff:Child Ratio	Maximum Group Size
Infant	1:4	8
Toddler	1:7	14
Preschooler	1:10	20
School-age child	1:15	30

Subp. 2.

Staff distribution.

The license holder must ensure that the following requirements for staff distribution are met and a written staff distribution record is kept in the administrative record.

A.

Only a staff person who is qualified as a teacher, assistant teacher, or aide and who works directly with children can be counted in meeting the staff-to-child ratios.

B.

An assistant teacher may be substituted for a teacher during morning arrival and afternoon departure times if the total arrival and departure time does not exceed 25 percent of the center's daily hours of operation.

C.

The maximum group size applies at all times except during meals, outdoor activities, field trips, naps and rest, and special activities such as films, guest speakers, and holiday programs.

D.

Except as provided in item B, staff distribution within each age category must follow the pattern in subitems (1) to (4).

(1)

The first staff member needed to meet the required staff-to-child ratio must be a teacher.

(2)

The second staff member must have at least the qualifications of a child care aide.

(3)

The third staff member must have at least the qualifications of an assistant teacher.

(4)

The fourth staff member must have at least the qualifications of a child care aide.

The pattern in subitems (1) to (4) must be repeated until the number of staff needed to meet the staff-to-child ratio for each age category has been achieved.

Subp. 3.

Age category grouping.

Children in different age categories may be grouped as follows:

A.

During morning arrival and afternoon departure times, children in different age categories may be grouped together if:

(1)

the total arrival and departure time does not exceed 25 percent of the daily hours of operation;

(2)

the staff-to-child ratio, group size, and staff distribution applied are for the age category of the youngest child present; and

(3)

the group is divided when the number of children present reaches the maximum group size of the youngest child present.

B.

During the center's regular hours of operation, children in different age categories may be mixed within a group if:

(1)

infants are not grouped with children of other age categories;

(2)

there is no more than a 36-month range in age among children in a group;

(3)

the staff-to-child ratios, group size, and staff distribution applied are for the youngest child present; and

(4)

program staff are qualified to teach the ages of all children present within the group.

The restriction in subitem (2) may be waived if all children in the group are school age.

Subp. 4.

Age designation.

A child must be designated as a member of the age category that is consistent with the child's date of birth with the following exceptions:

A.

A child may be designated as an "infant" up to the age of 18 months for purposes of staff ratios, group size, and child care programming, if the parent, teacher, and center director determine that such a designation is in the best interests of the child. A child may be designated as a "toddler" up to the age of 35 months, or as a "preschooler" at the age of 31 months for purposes of staff ratios, group size, and child care programming, if the parent, teacher, and center director determine that the designation is in the best interests of the child.

B.

A child attending kindergarten must be designated a school-age child.

9503.0045 CHILD CARE PROGRAM PLAN.

Subpart 1.

General requirement.

The applicant must develop a written child care program plan, and the license holder must see that it is carried out. The child care program plan must:

A.

mandate that children have supervision at all times;

B.

describe the age categories and number of children to be served by the program;

C.

describe the days and hours of operation of the program;

D.

describe the general educational methods to be used by the program and the religious, political, or philosophical basis, if any;

E.

be developed and evaluated in writing annually by a staff person qualified as a teacher under part 9503.0032;

F.

have stated goals and objectives to promote the physical, intellectual, social, and emotional development of the children in each age category in part 9503.0005, subpart 2, for which care is provided;

G.

specify activities designed to promote the intellectual, physical, social, and emotional development of a child in a manner consistent with the child's cultural background;

H.

specify that the intellectual, physical, social, and emotional progress of each child be documented in the child's record and conveyed to the parent during the conferences specified in part 9503.0090, subpart 2;

I.

provide a daily schedule for both indoor and outdoor activities;

J.

provide for activities that are both quiet and active, teacher directed and child initiated;

K.

provide for a variety of activities that require the use of varied equipment and materials; and

L.

be available to parents for review on request.

Subp. 2.

Interest areas.

A child care program that operates for more than three hours a day must provide daily access to interest areas of the center that are supplied with the equipment and materials needed to carry out the activities specified in items A to H, except that a child care program serving only school-age children and operating for less than 90 consecutive calendar days or any program operating for less than three hours a day must provide each child with daily access to indoor or outdoor large muscle activities specified in item G and at least five of the following interest areas:

A.

creative arts and crafts;

B.

construction;

C.

dramatic or practical life activities;

D.

science;

E.

music;

F.

fine motor activities;

G.

large muscle activities; or

H.

sensory stimulation activities.

9503.0050 NAPS AND REST.

Subpart 1.

Naps and rest policy.

The applicant must develop a policy for naps and rest that is consistent with the developmental level of the children enrolled in the center.

Subp. 2.

Parent consultation.

The parent of each child must be informed at the time the child is enrolled of the center's policy on naps and rest.

Subp. 3.

Confinement limitation.

A child who has completed a nap or rested quietly for 30 minutes must not be required to remain on a cot or mat or in a crib or bed.

Subp. 4.

Placement of equipment.

Naps and rest must be provided in a quiet area that is physically separated from children who are engaged in activity that will disrupt a napping or resting child. Cribs, cots, beds, and mats must be placed so there are clear aisles and unimpeded access for both adults and children on at least one side of each piece of napping and resting equipment. Cribs, cots, beds, and mats must be placed directly on the floor and must not be stacked when in use.

Subp. 5.

Crib standard.

A crib or portable crib must be provided for each infant for which the center is licensed to provide care. The equipment must be of safe and sturdy construction that conforms to Code of Federal Regulations, title 16, sections 1508 to 1508.7 and 1509 to 1509.9, as amended through October 27, 1982, or have a bar, mesh, or rail pattern such that a 2-3/8 inch diameter sphere cannot pass through.

Subp. 6.

Bedding.

Separate bedding must be provided for each child in care. Bedding must be washed weekly and when soiled or wet. Blankets must be washed or dry cleaned weekly and when soiled or wet.

9503.0055 BEHAVIOR GUIDANCE.

Subpart 1.

General requirements.

The applicant must develop written behavior guidance policies and procedures, and the license holder must see that the policies and procedures are carried out. The policies and procedures must:

A.

ensure that each child is provided with a positive model of acceptable behavior;

B.

be tailored to the developmental level of the children the center is licensed to serve;

C.

redirect children and groups away from problems toward constructive activity in order to reduce conflict;

D.

teach children how to use acceptable alternatives to problem behavior in order to reduce conflict;

E.

protect the safety of children and staff persons; and

F.

provide immediate and directly related consequences for a child's unacceptable behavior.

Subp. 2.

Persistent unacceptable behavior.

The license holder must have written procedures for dealing with persistent unacceptable behavior that requires an increased amount of staff guidance and time. The procedures must specify that staff:

A.

observe and record the behavior of the child and staff response to the behavior; and

B.

develop a plan to address the behavior documented in item A in consultation with the child's parent and with other staff persons and professionals when appropriate.

Subp. 3.

Prohibited actions.

The license holder must have and enforce a policy that prohibits the following actions by or at the direction of a staff person:

A.

Subjection of a child to corporal punishment. Corporal punishment includes, but is not limited to, rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, and spanking.

B.

Subjection of a child to emotional abuse. Emotional abuse includes, but is not limited to, name calling, ostracism, shaming, making derogatory remarks about the child or the child's family, and using language that threatens, humiliates, or frightens the child.

C.

Separation of a child from the group except as provided in subpart 4.

D.

Punishment for lapses in toilet habits.

E.

Withholding food, light, warmth, clothing, or medical care as a punishment for unacceptable behavior.

F.

The use of physical restraint other than to physically hold a child when containment is necessary to protect a child or others from harm.

G.

The use of mechanical restraints, such as tying.

For children with developmental disabilities or children under the age of five, as specified in parts 9525.0004 to 9525.0036, physical and mechanical restraints may be permitted if they are implemented in accordance with the aversive and deprivation procedures governed by parts 9525.2700 to 9525.2810.

Subp. 4.

Separation from the group.

No child may be separated from the group unless the license holder has tried less intrusive methods of guiding the child's behavior which have been ineffective and the child's behavior threatens the well being of the child or other children in the center. A child who requires separation from the group must remain within an unenclosed part of the classroom where the child can be continuously seen and heard by a program staff person. When separation from the group is used as a behavior guidance technique, the child's return to the group must be contingent on the child's stopping or bringing under control the behavior that precipitated the separation, and the child must be returned to the group as soon as the behavior that precipitated the separation abates or stops. A child between the ages of six weeks and 16 months must not be separated from the group as a means of behavior guidance.

Subp. 5.

Separation report.

All separations from the group must be noted on a daily log. The license holder must ensure that notation in the log includes the child's name, staff person's name, time, date, and information indicating what less intrusive methods were used to guide the child's behavior and how the child's behavior continued to threaten the well being of the child or other children in care. If a child is separated from the group three times or more in one day, the child's parent shall be notified and notation of the parent notification shall be indicated on the daily log. If a child is separated five times or more in one week or eight times or more in two weeks, the procedure in subpart 2 must be followed.

Subp. 6.

Children with developmental disabilities.

For children with developmental disabilities or children under the age of five, as specified in parts 9525.0004 to 9525.0036, the standards governing the use of aversive and deprivation procedures in parts 9525.2700 to 9525.2810 apply.

9503.0060 FURNISHINGS, EQUIPMENT, MATERIALS, AND SUPPLIES.

Subpart 1.

General requirements.

Each child care program must have the quantity and type of equipment specified in subparts 3 to 6 for the age categories of children served. Equipment must be appropriate to the age categories and any special needs of the children served. A center must have enough equipment for the number of children for which the center is licensed unless the use of equipment is rotated among groups of children. If the equipment is rotated among groups of children, the center must have enough for the maximum group size of the age category scheduled to use the equipment at times shown on the child care program plan. When the term "group" is used in this part it means the maximum group size for the age category specified in part 9503.0040, subpart 1. The minimum equipment specified for an age category in subparts 3 to 6 must be accessible every day to the children of that age category and arranged as specified in the child care program plan. Centers operating for less than three hours a day do not have to provide the outdoor equipment required in subpart 4, item B, subitem (9); subpart 5, item B, subitem (9); and subpart 6, item B, subitem (7).

Subp. 2.

Definitions.

For the purpose of this part, the following terms have the meanings given them.

A.

"Cognitive development equipment and materials" means equipment and materials designed to enhance components of intellectual development, such as problem solving abilities, observation skills, group skills, and symbol recognition.

B.

"Dramatic play equipment" or "practical life activity equipment" means equipment, such as dress up clothes, large or miniature play sets, figures, and small and large building blocks that can be used to design a setting or space that stimulates the child's imagination and encourages role playing and the learning of practical life skills.

C.

"Large muscle equipment" means equipment that is designed to enhance large muscle development and coordination, such as playground equipment, large boxes and pillows, large wheel toys, pull toys, balls, jump ropes, climbers, and rocking boats.

D.

"Manipulative equipment" means equipment that is designed to enhance fine motor development and coordination, such as pegs and peg boards, puzzles, beads and strings, interlocking plastic forms, and carpentry materials.

E.

"Sensory stimulation materials" means equipment, other than pictures, that has different shapes, colors, and textures that stimulate the child's visual and tactile senses. Examples of sensory stimulation materials include mobiles, crib attached activity boxes, sand and water activity materials, swatches of different textures of cloth, and wooden or plastic items of different shapes and colors.

Subp. 3.

Equipment and materials for infants.

The minimum equipment and materials required for a center serving infants are as follows:

A.

Furnishings:

(1)

one area rug or carpet per group;

(2)

a variety of nonfolding child size chairs including infant seats and high chairs, one per child, or a minimum of four per group;

(3)

one changing table for every group of 12 infants and succeeding group of 12 or fewer infants;

(4)

one foot operated, covered diaper container per changing table;

(5)

one crib or portacrib and waterproof mattress per child; and

(6)

one linear foot of low, open shelving per child.

B.

Program equipment and materials:

(1)

one book per child;

(2)

two large, soft building blocks per child;

(3)

two pieces of infant mobility equipment, such as strollers and wagons per group;

(4)

two pieces of manipulative equipment per child such as shape toys and clutch balls;

(5)

one mirror at least 12 inches by 36 inches in size made of Plexiglas or a similar plastic or of safety glass per group;

(6)

one music source such as a tape player or record player per group and music selections appropriate for the music source;

(7)

one noise or music making toy per child;

(8)

visual and tactile sensory stimulation materials as needed to provide visual and tactile stimulation; and

(9)

one soft washable toy per child.

C.

Supplies:

(1)

two sets of blankets and sheets for each crib;

(2)

an adequate amount of disposable paper for the changing table;

(3)

an adequate amount of diapers;

(4)

an adequate amount of facial tissue;

(5)

an adequate amount of single service towels; and

(6)

an adequate amount of liquid hand soap.

Subp. 4.

Equipment and materials for toddlers.

The minimum equipment required for a center serving toddlers is as follows:

A.

Furnishings:

(1)

one area rug or carpet per group;

(2)

one nonfolding child size chair, including high chairs, per child;

(3)

one changing table for every group of 14 toddlers and succeeding group of 14 or fewer toddlers;

(4)

one foot operated, covered diaper container per changing table;

(5)

one cot per child (mats are acceptable for programs operating during the day for less than five hours);

(6)

one partially enclosed space equipped for quiet activity per group;

(7)

one linear foot of low open shelving per child; and

(8)

20 linear inches of child size table edge per child.

B.

Program equipment and materials:

(1)

arts and crafts supplies, such as clay or playdough, tempera or finger paints, colored and white paper, paste, collage materials, paint brushes, washable felt type markers, crayons, blunt scissors, and smocks;

(2)

one book per child;

(3)

24 large building blocks per group;

(4)

100 small building blocks per group;

(5)

three pieces of dramatic play equipment or sets of Montessori Practical Life equipment per group;

(6)

materials and accessories required for subitem (5) as needed to carry out the theme of the activity, or six Montessori Practical Life exercises;

(7)

one double easel per group;

(8)

three pieces of durable, indoor, large muscle equipment per group;

(9)

three pieces of durable, outdoor, large muscle equipment per group;

(10)

one mirror, at least 12 inches by 36 inches, made of Plexiglas or a similar plastic or safety glass, per group;

(11)

one music source such as a tape recorder or record player per group and music selections appropriate for the source;

(12)

one set of cognitive developmental equipment and materials, such as puzzles and matching games, per child;

(13)

two sets of manipulative equipment, such as interlocking plastic forms or beads and string, per child;

(14)

one music making toy per child;

(15)

one soft washable toy per child; and

(16)

sensory stimulation materials as needed to provide visual and tactile stimulation.

C.

Supplies:

(1)

an adequate amount of disposable paper for the changing table;

(2)

an adequate amount of diapers;

(3)

an adequate amount of facial tissue;

(4)

an adequate amount of single service towels; and

(5)

an adequate amount of liquid hand soap.

Subp. 5.

Equipment and materials for preschoolers.

The minimum equipment required for a center serving preschoolers is as follows:

A.

Furnishings:

(1)

one area rug or carpet per group;

(2)

one nonfolding child size chair per child;

(3)

one cot or bed and waterproof mattress per child (mats are acceptable for programs operating during the day for less than five hours). This subitem is not required for preschoolers in programs operating for less than five hours per day if rest is not indicated as part of the center's child care program;

(4)

two square feet of wall or bulletin board display space per child, one-half at child's eye level;

(5)

one partially enclosed space equipped for quiet activity per group;

(6)

one linear foot of open shelving per child; and

(7)

20 linear inches of child size table edge per child.

B.

Program equipment and materials:

(1)

arts and crafts supplies, such as clay or playdough, tempera or fingerpaints, white or colored paper, paste, collage materials, paint brushes, washable felt type markers, crayons, scissors, and smocks;

(2)

two books per child;

(3)

48 large building blocks per group;

(4)

200 small building blocks per group;

(5)

five pieces of dramatic play equipment or sets of Montessori Practical Life equipment per group;

(6)

materials and accessories required for subitem (5) to carry out the theme of the activity;

(7)

one double easel per group;

(8)

three pieces of durable, indoor, large muscle equipment per group;

(9)

three pieces of durable, outdoor, large muscle equipment per group;

(10)

one mirror, at least 12 inches by 36 inches, made of Plexiglas or a similar plastic or safety glass, per group;

(11)

one music source such as a tape recorder or record player per group and music selections appropriate for the source;

(12)

one set of cognitive developmental equipment and materials, such as puzzles and number and letter games, per child;

(13)

two sets of manipulative equipment, such as interlocking plastic forms, per child;

(14)

pictures at child's eye level, mobiles, and other items as needed to create a pleasant environment and provide sensory stimulation; and

(15)

one rhythm instrument per child.

C.

Supplies:

(1)

an adequate amount of facial tissue;

(2)

an adequate amount of single service towels; and

(3)

an adequate amount of liquid hand soap.

Subp. 6.

Equipment and materials for school-age children.

The minimum equipment and materials required for a program serving school-age children are as follows:

A.

Furnishings:

(1)

one area rug or carpet per group;

(2)

two square feet of wall or bulletin board display space per child;

(3)

one nonfolding child size chair per child;

(4)

one partially enclosed space equipped for quiet activity per group;

(5)

one linear foot of open shelving per child; and

(6)

20 linear inches of table edge space per child.

B.

Program equipment and materials:

(1)

arts and crafts supplies, such as clay or playdough, tempera or fingerpaints, white or colored paper, paste, collage materials, paint brushes, felt type markers, crayons, and scissors;

(2)

two books per child;

(3)

three sets of dramatic play equipment or Montessori Practical Life area equipment per group;

(4)

materials and accessories for subitem (3) as required to carry out the theme of the activity;

(5)

one music source such as a tape recorder or record player per group and music selections appropriate for the source;

(6)

five musical or rhythm instruments per group;

(7)

three pieces of durable, outdoor, large muscle equipment per group;

(8)

pictures at child's level, mobiles, and other items as needed to create a pleasant environment and provide sensory stimulation;

(9)

one set of cognitive developmental equipment and materials, such as puzzles and games, per child;

(10)

five sets of manipulative equipment, such as interlocking plastic forms, per group; and

(11)

ten pieces of sports or recreational equipment, such as bats, balls, hoops, and jump ropes, per group.

C.

Supplies:

(1)

an adequate amount of facial tissue;

(2)

an adequate amount of single service towels; and

(3)

an adequate amount of liquid hand soap.

9503.0065 CHILD CARE FOR CHILDREN WITH SPECIAL NEEDS.

Subpart 1.

Definition.

"Child with special needs" for purposes of this part means a child at least six weeks old but younger than 13 years old who:

A.

has developmental disabilities or is otherwise eligible for case management as specified in parts 9525.0004 to 9525.0036 and has an individual service plan specifying child care to be provided by the center;

B.

has been identified by the local school district as a child with a disability as specified in Minnesota Statutes, section 125A.02, subdivision 1, and has an individualized education program specifying child care to be provided by the center according to Minnesota Statutes, section 125A.05; or

C.

has been determined by a licensed physician, psychiatrist, licensed psychologist, or licensed consulting psychologist as having a special need relating to physical, social, or emotional development.

Subp. 2.

Report to parent.

The license holder must inform the parent of any diagnosed or identified special need of a child that was not reported by the parent at the time of admission.

Subp. 3.

Individual child care program plan.

When a license holder admits a child with special needs, the license holder must ensure that an individual child care program plan is developed to meet the child's individual needs. The individual child care program plan must be in writing and specify methods of implementation and be reviewed and followed by all staff who interact with the child.

If the child has developmental disabilities or is otherwise eligible for case management as specified in subpart 1, item A, then the individual child care plan must be coordinated with the child's individual service plan developed under parts 9525.0004 to 9525.0036.

If the child has a disability as specified in subpart 1, item B, then the individual child care plan must be coordinated with the child's individualized education program developed under Minnesota Statutes, chapter 125A.

If the child has a special need determined under subpart 1, item C, the individual child care plan must be coordinated with reports from the licensed physician, licensed psychiatrist, licensed psychologist, or licensed consulting psychologist. The individual child care plan must be evaluated at least annually by the licensed physician, licensed psychiatrist, licensed psychologist, or licensed consulting psychologist and with the child's parent to determine if the needs of the child are being met.

Subp. 4.

Service contracts.

The license holder must have copies of all service contracts with the center for care or services provided under parts 9525.0004 to 9525.0036 and Minnesota Statutes, chapter 125A, when the care or service is provided to a child while at the center.

Subp. 5.

Additional staff, staff qualifications, or training.

The license holder must ensure that any additional staff, staff qualifications, or training required by the child's individual child care plan in subpart 3 are provided.

9503.0070 NIGHT CARE PROGRAM.

Subpart 1.

Applicability.

A license holder operating a night care program must comply with this part as well as with all other requirements of parts 9503.0005 to 9503.0170.

Subp. 2.

Furnishings.

Each child enrolled in a night care program must be provided with a crib, a bed, or a cot with a mattress. A crib and two sets of clean linens must be provided for each infant and meet the standards specified in part 9503.0050. A bed or a cot with a mattress, two sets of sheets, a blanket or quilt, and personal towels and washcloths must be provided for each child in all other age categories.

Subp. 3.

Garments for sleeping.

The license holder must ensure that all children are put to bed in garments for sleeping as designated by the child's parent.

Subp. 4.

Personal effects.

The license holder must ensure that all children have the personal effects needed to clean up and prepare for sleep. The effects must include an individual wash cloth, towel, toothbrush, toothpaste, and liquid hand soap.

Subp. 5.

Meals and snacks.

The license holder must ensure that a child who will be present in the center between 6:00 p.m. and 7:00 p.m. has had or will be provided with an evening meal. A bedtime snack must be available for all children in attendance. Eating times and schedules for the individual child must be consistent with patterns established in consultation with the child's parents.

Subp. 6.

Staffing.

At least two staff persons, one of whom must qualify as a teacher under part 9503.0032, must be present in the center at all times during the hours the night program is in operation. When more than 80 percent of the children present are asleep, the remaining staff persons needed to meet the required staff-to-child ratio must have at least the qualifications of a child care aide. Program staff must be awake and dressed and provide supervision to children who are sleeping.

Subp. 7.

Wash-up assistance.

The license holder must ensure that children have the opportunity to wash up and cleanse their teeth before bedtime and be assisted by program staff when necessary.

Subp. 8.

Privacy.

To ensure privacy, school-age boys and girls must be separated during bedtime washing and changing activities.

Subp. 9.

Infants.

Infants must have a sleep area separate from the center's play and activity areas.

Subp. 10.

Bedtime.

A child's bedtime must be scheduled in consultation with the child's parent.

Subp. 11.

Light.

In rooms used for sleep during children's bedtime, light must be reduced to no less than one footcandle.

Subp. 12.

Program emphasis.

A license holder operating a night care program must comply with the child care program standards in part 9503.0045. However, the child care program plan must emphasize quiet activities.

Subp. 13.

Exceptions.

The outdoor activity area, outdoor activities, and outdoor equipment required by part 9503.0060 for children enrolled in a night care program need not be provided.

9503.0075 DROP-IN AND SCHOOL-AGE CHILD CARE PROGRAMS.

Subpart 1.

Exemptions for drop-in and school-age child care programs.

A license holder operating a drop-in or school-age child care program as defined in part 9503.0015 must comply with parts 9503.0005 to 9503.0170 with the following exceptions:

A.

The staff ratios and group size restrictions in part 9503.0040 do not apply and are replaced by the requirements in subparts 2 to 6.

B.

Part 9503.0045, subpart 1, items F and G, of the child care program plan do not apply.

C.

The requirement in part 9503.0050, subpart 6, that separate bedding be provided for each child in care applies only to those children in care who are less than 30 months old. The provisions in part 9503.0050, subpart 6, requiring washing and cleaning of bedding and blankets remain in effect and apply to all bedding or blankets used by the drop-in child care program.

D.

Half the furnishings, equipment, materials, or supplies specified by the following subparts of part 9503.0060 are required:

(1)

subpart 4, item A, subitems (2), (5), and (8);

(2)

subpart 5, item A, subitems (2), (3), and (7); and

(3)

subpart 6, item A, subitems (3) and (6).

E.

Part 9503.0070, regarding night care programs, does not apply.

F.

Part 9503.0090, subpart 2, regarding parent conferences and daily reports, does not apply.

Subp. 2.

Supervision.

A drop-in and school-age child care program must:

A.

be operated under the supervision of a person who qualifies both as a director under part 9503.0031 and as a teacher under part 9503.0032; and

B.

have at least two staff persons present at the center whenever the program is operating even when the ages and numbers of children present are such that the staff-to-child ratio requirements established in subpart 3 could be met by having only one staff person.

Subp. 3.

Staff ratios; drop-in programs.

The minimum ratio of staff persons to children that a license holder may maintain in a drop-in program is:

A.

for infants ages six weeks through 16 months, one staff person for every four infants;

B.

for children ages 17 months through 29 months, one staff person for every seven children; and

C.

for children ages 30 months through 12 years, one staff person for every ten children.

Subp. 3a.

Staff ratios; school-age programs.

A school age program must maintain a minimum staff ratio as provided in Minnesota Statutes, section 245A.14, subdivision 6, paragraph (f).

Subp. 4.

Exception to staff ratio for ages 30 months through 12 years in a drop-in program.

The number of children per staff person specified in subpart 3 for a drop-in program may be increased only with children ages 30 months through 12 years, only by a maximum of four children, and only for a time period, not to exceed 20 minutes, required for additional staff to arrive at the center. A center that exceeds the ratio in subpart 3, item C, must be able to document having staff persons who, as a condition of their employment, are on call to come to the center as needed and arrive at the center within 20 minutes after receiving notification to report.

Subp. 5.

Age category grouping; drop-in programs.

Whenever the total number of children present to be cared for at a drop-in child care center is more than 20, the center shall comply with Minnesota Statutes, section 245A.14, subdivision 6, paragraph (e).

Subp. 5a.

Care provided to siblings.

A drop-in child care program may group siblings together as provided in Minnesota Statutes, section 245A.14, subdivision 6, paragraph (k).

Subp. 6.

Staff distribution.

Staff distributions for drop-in child care programs must meet the requirements in items A and B.

A.

If a drop-in child care program serves both infants and older children, the following minimum staff distribution pattern applies for the supervision of infants ages six weeks through 16 months and children ages 17 months through 29 months:

(1)

The first staff person needed to meet the staff-to-child ratios required in subpart 3, items A and B, must have at least the qualifications of an assistant teacher as specified in part 9503.0033.

(2)

The second staff person needed to meet the staff-to-child ratios required in subpart 3, items A and B, must have at least the qualifications of an aide as specified in part 9503.0034, subpart 1.

(3)

The third staff person needed to meet the staff-to-child ratios required in subpart 3, items A and B, must have at least the qualifications of an assistant teacher as specified in part 9503.0033.

(4)

The fourth staff person needed to meet the staff-to-child ratios required in subpart 3, items A and B, must have at least the qualifications of an aide as specified in part 9503.0034, subpart 1.

(5)

The fifth staff person needed to meet the staff-to-child ratios required in subpart 3, items A and B, must have at least the qualifications of an assistant teacher as specified in part 9503.0033.

(6)

The sixth staff person needed to meet the staff-to-child ratios required in subpart 3, items A and B, must have at least the qualifications of an aide as specified in part 9503.0034, subpart 1.

B.

The following minimum staff distribution pattern applies for the supervision of children 30 months and older.

(1)

The first staff person needed to meet the required staff-to-child ratio specified in subpart 3, item C, must meet the qualifications for teachers specified in part 9503.0032.

(2)

The second, third, and fourth staff persons needed to meet the required staff-to-child ratio specified in subpart 3, item C, must have at least the qualifications of an aide as specified in part 9503.0034, subpart 1.

(3)

The fifth staff person needed to meet the staff-to-child ratio required in subpart 3, item C, must have at least the qualifications of an assistant teacher as specified in part 9503.0033.

(4)

The sixth, seventh, and eighth staff persons needed to meet the staff-to-child ratio required in subpart 3, item C, must have at least the qualifications of an aide as specified in part 9503.0034, subpart 1.

(5)

For any additional staff persons needed after the eighth staff person to meet ratio requirements, the pattern of required staff qualifications established in subitems (3) and (4) applies.

9503.0080 EXCLUSION OF SICK CHILDREN.

A child with any of the following conditions or behaviors is a sick child and must be excluded from a center not licensed to operate a sick care program. If the child becomes sick while at the center, the child must be isolated from other children in care and the parent called immediately. A sick child must be supervised at all times. The license holder must exclude a child:

A.

with a reportable illness or condition as specified in part 4605.7040 that the commissioner of health determines to be contagious and a physician determines has not had sufficient treatment to reduce the health risk to others;

B.

with chicken pox until the child is no longer infectious or until the lesions are crusted over;

C.

who has vomited two or more times since admission that day;

D.

who has had three or more abnormally loose stools since admission that day;

E.

who has contagious conjunctivitis or pus draining from the eye;

F.

who has a bacterial infection such as streptococcal pharyngitis or impetigo and has not completed 24 hours of antimicrobial therapy;

G.

who has unexplained lethargy;

H.

who has lice, ringworm, or scabies that is untreated and contagious to others;

I.

who has a 100 degree Fahrenheit axillary or higher temperature of undiagnosed origin before fever reducing medication is given;

J.

who has an undiagnosed rash or a rash attributable to a contagious illness or condition;

K.

who has significant respiratory distress;

L.

who is not able to participate in child care program activities with reasonable comfort; or

M.

who requires more care than the program staff can provide without compromising the health and safety of other children in care.

9503.0085 SICK CARE PROGRAM.

Subpart 1.

Licensure of sick care programs.

If a license holder chooses to care for a sick child, then the license holder must operate a sick care program that complies with the standards specified by this part and with all other applicable provisions of parts 9503.0005 to 9503.0170, and any standards of the commissioner of health governing the group care of children.

Subp. 2.

Review of admission and health policies and practices.

At the time of initial license application, after the first six months of initial operation, and annually after that time, a sick care program's admission policies must be reviewed and approved by a licensed physician with a specialization in pediatric care. The physician's review must include consultation with the licensed registered nurse or physician responsible for admissions. A report of the physician's findings must be sent to the commissioner with the initial application for licensure, and subsequent reports must be placed in the center's administrative record.

The license holder operating a sick care program must ensure that the program's health policies and practices are reviewed quarterly by a health consultant.

Subp. 3.

Evaluation of a sick child.

A license holder who operates a sick care program must provide for the evaluation of the condition of a sick child before admitting the child to the center. The evaluation must be based on the physical symptoms of the child each day of admission, the probable contagion and risk to the health of others present, and the ability of the program to provide the care the child requires. A physician or registered nurse affiliated with the center must perform the evaluations specified in items A to C.

A.

A preliminary evaluation must be made before the parent brings the child to the center. The preliminary evaluation must consist of the parent's reporting the child's symptoms to the center's physician or registered nurse by phone. The physician or registered nurse must tell the parent whether the parent may bring the child to the center for further evaluation. Children with a communicable reportable illness or condition as specified in part 4605.7040 must be evaluated by a physician prior to admission to the center.

B.

The physician or registered nurse must do a physical assessment of the child and obtain a health history from the parent when the child is brought to the center.

C.

The decision of the physician or registered nurse not to admit the child for care is final.

Subp. 3a.

Illness separation.

Children recovering from a noncontagious condition must be cared for in a room separate from children with contagious conditions.

Subp. 4.

Chicken pox.

Children with chicken pox must be excluded from any child care program, including a sick care program, unless care is provided in a room that is separate from other parts of the facility and has its own air circulation system and street entrance.

Subp. 5.

Gastrointestinal illness.

Children with gastrointestinal illness must be at least two years old to be in a sick care program and must be cared for in a separate room used exclusively for the care of gastrointestinal illness.

Subp. 6.

Information to parents.

A summary of the sick care program's health care policies and practices and the center's procedures for notification of parents in the event of an emergency must be given to the parent at the time a child is admitted.

Subp. 7.

Parent conference exception.

Centers licensed to provide child care exclusively to sick children need not provide parent conferences as specified in part 9503.0090, subpart 2, item B.

Subp. 8.

Child care program emphasis.

A sick care program must meet the child care program plan standards in part 9503.0045. However, the child care program plan for the care of sick children must emphasize quiet activities.

Subp. 9.

Group size and age category grouping exceptions.

The maximum group sizes specified in part 9503.0040, subpart 1, and the age category grouping restrictions in part 9503.0040, subpart 3, are not required except that there must be no more than 16 children in care in a room at the same time and the provisions in subparts 5 and 14 apply.

Subp. 10.

Additional staff-to-child ratios and staff distribution requirements.

A one to four staff to child ratio must be maintained at all times in a room used to care for sick children. At least two staff persons must be present in a center operating a sick care program whenever sick children are in care. The first staff person must be a nurse registered by the Board of Nursing to practice professional nursing. The second staff person must meet the qualifications for a teacher in part 9503.0032. The remaining staff persons must at least meet the qualifications and follow the staff distribution pattern specified in part 9503.0040.

Subp. 11.

Limitation on staff assignment.

Staff must not care for well children or prepare food for well children on the same day they care for sick children. Staff caring for sick children must not enter the kitchen used to prepare food for well children.

Subp. 12.

Food preparation.

Food provided by the license holder and prepared at the center must be prepared in a room separate from rooms where sick care is provided and must be delivered to each sick care room in individual servings and in covered containers. Procedures for preparing, handling, and serving food and washing food, utensils, and equipment must comply with the requirements in chapter 4626.

Subp. 13.

Menus.

Menus for sick children must be modified to meet the individual needs of the child.

Subp. 14.

Additional facility requirements.

A license holder operating a sick care program must provide:

A.

a room or rooms that are exclusively used to care for sick children and that are not used at any time for any other child care purpose; and

B.

toilets and hand sinks that are within or immediately adjacent to the room or rooms used for sick care and are not used by well children in care.

Subp. 15.

Outdoor activity area, activities and equipment exception.

A license holder operating a sick care program that provides care exclusively to sick children need not provide the outdoor activity area required in part 9503.0155, subpart 7; outdoor activities as specified in part 9503.0045, subpart 1, item I; and the outdoor equipment required in part 9503.0060, subpart 4, item B, subitem (9); subpart 5, item B, subitem (9); and subpart 6, item B, subitems (7) and (11).

Subp. 16.

Disinfection.

Walls and floors in rooms where sick care is provided and all linens, furnishings, objects, and equipment used by sick children must be cleaned and disinfected at least daily and as needed.

Subp. 17.

Linens and changes of clothing.

All linens used by a sick child must be washed after each use, and each child must be in clean clothing at all times.

Subp. 18.

Additional equipment.

Each sick child must be provided with a crib, bed, or cot, two sheets, a pillow, a pillowcase, and a blanket or quilt.

9503.0090 INFORMATION FOR PARENTS.

Subpart 1.

Policies given to parents.

At the time of a child's enrollment, the parent must be provided with written notification of the:

A.

ages and numbers of children the center is licensed to serve;

B.

hours and days of operation;

C.

child care program options the center is licensed to operate, including a description of the program's educational methods and religious, political, or philosophical basis, if any, and how parents may review the center's child care program plan;

D.

center's policy on parent conferences and notification to a parent of a child's intellectual, physical, social, and emotional development;

E.

center's policy requiring a health care summary and immunization record of a child;

F.

policies and procedures for the care of children who become sick at the center and parent notification practices for the onset of or exposure to a contagious illness or condition or when there is an emergency or injury requiring medical attention;

G.

center's policies and procedures for administering first aid and sources of care to be used in case of emergencies;

H.

center's policies on the administration of medicine;

I.

procedures for obtaining written parental permission for field trips;

J.

procedures for obtaining written parental permission before each occasion of research, experimental procedure, or public relations activity involving a child;

K.

center's policies on the provision of meals and snacks;

L.

center's behavior guidance policies and procedures;

M.

presence of pets;

N.

center's policy that parents of enrolled children may visit the center any time during the hours of operation; and

O.

telephone number of the Department of Human Services, Division of Licensing.

Subp. 2.

Parent conferences and daily reports.

The license holder must ensure that the parent of a child is informed of the child's progress. The license holder must ensure that:

A.

individual parent conferences are planned and offered by program staff at least twice a year;

B.

documentation is made in the child's record that individual parent conferences were planned and offered;

C.

the status of the child's intellectual, physical, social, and emotional development is reported to the parent during the conference; and

D.

daily written reports are made to the parent of an infant or toddler about the child's food intake, elimination, sleeping patterns, and general behavior.

9503.0095 PARENT VISITATION.

Parents of enrolled children may visit the center any time during the hours of operation.

9503.0100 PARTICIPATION IN FIELD TRIPS.

The license holder must ensure that written permission is obtained from each child's parent before taking a child on a field trip. A written permission form must be obtained before each field trip or on a form that annually summarizes all field trips that will be taken. The parent's written permission must state that the parent has been informed of the purpose and destination of the field trip.

On field trips, staff must take emergency phone numbers for the child's parent and the persons to be called if a parent cannot be reached, the phone number of the child's physician, and a first aid kit.

9503.0105 RESEARCH AND PUBLIC RELATIONS PERMISSION.

The license holder must ensure that written permission is obtained from a parent before a child is involved in experimental research or public relations activity involving a child while at the center. A separate written permission form must be obtained before each occasion of experimental research or public relations activity or on a form that annually summarizes all research and public relations activities that will be undertaken. The permission form must be maintained in the child's record.

9503.0110 EMERGENCY AND ACCIDENT POLICIES AND RECORDS.

Subpart 1.

Policies and records.

The applicant must develop written policies governing emergencies, accidents, and injuries. The license holder must ensure that written records are kept about incidents, emergencies, accidents, and injuries that have occurred.

Subp. 2.

Instruction record.

The license holder must keep a record of instruction to all staff persons and, when appropriate, to children and parents, about how to carry out the policies.

Subp. 3.

Policy content.

The policies must contain:

A.

Procedures for administering first aid.

B.

Safety rules to follow in avoiding injuries, burns, poisoning, choking, suffocation, and traffic and pedestrian accidents.

C.

Procedures for the daily inspection of potential hazards.

D.

Procedures for fire prevention and procedures to follow in the event of a fire. Fire procedures must:

(1)

mandate monthly fire drills and a log of drill times and dates;

(2)

identify primary and secondary exits, building evacuation routes, the phone number of the fire department, persons responsible for the evacuation of children, and areas for which they are responsible;

(3)

contain instruction on how to use a fire extinguisher and how to close off the fire area; and

(4)

provide for the training of staff persons to carry out the fire procedures.

E.

Procedures to follow in the event of a blizzard, tornado, or other natural disaster that include the location of emergency shelter, procedures for monthly tornado drills from April to September, and a log of times and dates showing that the drills were held.

F.

Procedures to follow when a child is missing.

G.

Procedures to follow if an unauthorized person or a person who is incapacitated or suspected of abuse attempts to pick up a child or if no one comes to pick up a child.

H.

Sources of emergency medical care.

I.

Procedures for recording accidents, injuries, and incidents involving a child enrolled in the center. The written record must contain the name and age of the persons involved; date and place of the accident, injury, or incident; type of injury; action taken by staff; and to whom the accident, injury, or incident was reported.

J.

Procedures mandating an annual analysis of the record in item I and any modification of the center's policies based on the analysis.

Subp. 4.

Records.

The following records must be maintained in the center's administrative record:

A.

the procedures specified in subpart 3;

B.

a log of fire and tornado drills; and

C.

a written record of accidents, injuries, emergencies, and incidents.

9503.0115 CENTER ADMINISTRATIVE RECORDS.

The records required by this part must be maintained within the center and be available for inspection at the request of the commissioner. The license holder must ensure that the following are maintained:

A.

a record of the information given to parents specified in part 9503.0090;

B.

the personnel records specified in part 9503.0120;

C.

the children's records specified in part 9503.0125;

D.

the child care program plan specified in part 9503.0045;

E.

the accident, injury, emergency, and incident records specified in part 9503.0110;

F.

the staff distribution schedule specified in part 9503.0040;

G.

the separation reports mandated in part 9503.0055; and

H.

the report by the health consultant mandated in part 9503.0140.

9503.0120 PERSONNEL RECORDS.

The license holder must ensure that a personnel record for each staff person is maintained at the center. The personnel record for each staff person must contain:

A.

the staff person's name, home address, home telephone number, and date of birth;

B.

the staff person's documentation indicating that the staff person meets the requirements of the staff person's job position and the education and experience requirements specified in parts 9503.0031 to 9503.0034;

C.

documentation that the staff person has completed the orientation to the center required in part 9503.0035, subpart 1;

D.

documentation, when applicable, that the staff person has completed the first aid and CPR training required in part 9503.0035, subparts 2 and 3; and

E.

documentation of completion of the in-service training required by part 9503.0035, subpart 4, showing the training topic, source of training, number of hours completed, and method used to document mastery of the subject.

9503.0125 CHILDREN'S RECORDS.

At the time of enrollment in the center, the license holder must ensure that a record is maintained on each child. The record must contain:

A.

the child's full name, birthdate, and current home address;

B.

the name, address, and telephone number of the child's parent;

C.

instructions on how the parent can be reached when the child is attending the center;

D.

the names and telephone numbers of any persons authorized to take the child from the center;

E.

the names, addresses, and telephone numbers of the child's source of regular medical and dental care and the source of medical and dental care to be used in case of an emergency;

F.

the names, addresses, and telephone numbers of two persons to be contacted if a parent cannot be reached in an emergency or when there is an injury requiring medical attention;

G.

the health form and immunization information required by part 9503.0140;

H.

written authorization for the license holder to act in an emergency, or when a parent cannot be reached or is delayed;

I.

the hours and days of the week the child will attend the center;

J.

for children age six weeks to 36 months, a description of the child's eating, sleeping, toileting, and communication habits, and effective methods for comforting the child;

K.

documentation of any dietary or medical needs of the child;

L.

documentation of any individual child care program needs for the child; and

M.

the date of parent conferences and a summary of the information provided to the parent at the conference.

The license holder shall not disclose a child's record to any person other than the child, the child's parent or guardian, the child's legal representative, employees of the license holder, and the commissioner unless the child's parent or guardian has given written consent or as otherwise required by law.

9503.0130 REPORTING.

Subpart 1.

Abuse; neglect.

The license holder must comply with the reporting requirements for abuse and neglect specified in Minnesota Statutes, chapter 260E.

Subp. 2.

Other reporting.

The license holder must inform the commissioner within:

A.

24 hours of the death of a child in care in the center;

B.

24 hours of any injury to a child in care in the center that required treatment by a physician;

C.

48 hours of the occurrence of a fire during the hours of operation that requires the service of a fire department; and

D.

24 hours of the use of any emergency medical service by a child while in care.

Subp. 3.

[Repealed, 18 SR 2748]

Subp. 4.

[Repealed, 18 SR 2748]

9503.0140 HEALTH.

Subpart 1.

Health policies.

The license holder must develop written health policies approved by the commissioner and must ensure that they are carried out.

Subp. 2.

Health consultation.

The center must have a health consultant who must review the center's health policies and practices specified in items A to C and certify that they are adequate to protect the health of children in care.

The review must be done before initial licensure, submitted with the application for initial licensure and repeated every year after the date of initial licensure. For programs serving infants, this review must be done initially 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 consultant's findings must be placed in the center's administrative record.

The consultant must review:

A.

The first aid and safety policies and procedures required by part 9503.0110, subpart 3, items A, B, and C.

B.

The diapering procedures and practices specified in subpart 12.

C.

The sanitation procedures and practices for food not prepared by or provided by the license holder as specified in part 9503.0145, subpart 3, and for infants as specified in part 9503.0145, subpart 7.

Subp. 3.

Health information at admission.

Before a child is admitted to a center or within 30 days of admission, the license holder must obtain a report on a current physical examination of the child signed by the child's source of medical care.

Subp. 4.

Reexamination.

For children already admitted to the center, the license holder shall obtain an updated report of physical examination signed by the child's source of medical care at least annually for children under 24 months of age, and whenever a child 24 months or older advances to an older age category.

Subp. 5.

Immunizations.

When a child is enrolled in the center, the license holder must obtain documentation of current immunization according to Minnesota Statutes, section 121A.15, a signed notarized statement of parental objection to the immunization, or a medical exemption.

Subp. 6.

Notice about a sick child.

Notices about the illness or condition of a child must be given as required in items A to D:

A.

The license holder must ensure that a parent is notified immediately when the parent's child becomes sick at the center.

B.

The license holder must require a parent to inform the center within 24 hours, exclusive of weekends and holidays, when a child is diagnosed by a child's source of medical or dental care as having a contagious reportable disease specified in part 4605.7040, or lice, scabies, impetigo, ringworm, or chicken pox.

C.

The license holder must post or give a notice to the parents of exposed children the same day a parent notifies the center of a child's illness or condition listed in item B.

D.

The license holder must ensure that the health authority is notified of any suspected case of reportable disease as specified in part 4605.7040 within 24 hours of receiving the parent's report.

Subp. 7.

Administration of medicine.

A license holder who chooses to administer medicine must ensure that the procedures in items A to E are followed.

A.

The license holder must get written permission from the child's parent before administering medicine, diapering products, sunscreen lotions, and insect repellents. Nonprescription medicines, diapering products, sunscreen lotions, and insect repellents must be administered according to the manufacturer's instructions unless there are written instructions for their use provided by a licensed physician or dentist.

B.

The license holder must get and follow written instructions from a licensed physician or dentist before administering each prescription medicine. Medicine with the child's name and current prescription information on the label constitutes instructions.

C.

All medicine must be kept in its original container and have a legible label stating the child's name. The medicine must be given only to the child whose name is on the label. The medicine must not be given after an expiration date on the label, and any unused portion must be returned to the child's parent or destroyed. The license holder must ensure that the administration of medicine is recorded and give the name of the child, name of the medication or prescription number, date, time, dosage, and the name and signature of the person who dispensed the medicine. The record must be available to the parent and maintained in the child's record.

D.

Sunscreen lotions and insect repellents supplied by the license holder may be used on more than one child. A product to control or prevent diaper rash, including premoistened commercial wipes that cannot be dispensed in a manner that prevents cross contamination of the product and container as determined by the health consultant, must be labeled with the child's name and used only for the individual child whose name is written on the label.

E.

Medicines, insect repellents, sunscreen lotions, and diaper rash control products must be stored according to directions on the original container and so that they are inaccessible to children.

Subp. 8.

[Repealed, 18 SR 2748]

Subp. 9.

Cleanliness.

The indoor and outdoor space and equipment of the center must be clean.

Subp. 10.

Toilet facilities.

The toilet rooms of the center must be cleaned daily. Toilet training chairs must be emptied, washed with soap and water, and disinfected after each use. Toilets and seats must be washed with soap and water and disinfected when soiled or at least daily.

Subp. 11.

Diaper changing area.

A diaper must be changed only in the diaper changing area. The diaper changing area must be separate from areas used for food storage, food preparation, and eating. The area must have a hand sink equipped with hot and cold running water within three feet of the diaper changing surface, a smooth nonabsorbent diaper changing surface and floor covering, and a sanitary container for soiled and wet diapers.

Subp. 12.

Diaper changing procedures.

The center must have and follow diaper changing procedures that have been developed in consultation with a health consultant. The license holder must post the diaper changing procedures in the diaper changing area.

Subp. 13.

Hand washing: child.

A child's hands must be washed with soap and water after a diaper change, after use of a toilet or toilet training chair, and before eating a meal or snack. Staff must monitor hand washing and assist a child who needs help. The use of a common basin or a hand sink filled with standing water is prohibited.

Subp. 14.

Hand washing: staff person.

A staff person must wash his or her hands with soap and water after changing a child's diaper, after using toilet facilities, and before handling food or eating.

Subp. 15.

Toilet articles.

The license holder shall provide the following supplies and make them accessible to children: toilet paper, liquid hand soap, facial tissues, and single use paper towels or warm air hand dryers.

Subp. 16.

First aid kit.

The license holder must ensure that a first aid kit is available within the center. The kit must contain sterile bandages and band-aids, sterile compresses, scissors, an ice bag or cold pack, an oral or surface thermometer, and adhesive tape. A current first aid manual must be included. The first aid kit and manual must be accessible to the staff in the center and taken on field trips.

Subp. 17.

Hazardous objects.

Sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies, must be stored out of reach of children.

Subp. 18.

Emergency equipment.

The center must have a battery operated flashlight and battery operated portable radio.

Subp. 19.

Condition of equipment and furniture.

Equipment and furniture must be durable, in good repair, structurally sound and stable following assembly and installation. Equipment must be free of sharp edges, dangerous protrusions, points where a child's extremities could be pinched or crushed, and openings or angles that could trap part of a child's body. Tables, chairs, and other furniture must be appropriate to the age and size of children who use them. Toys and equipment that are likely to be mouthed by infants and toddlers must be made of a material that can be disinfected. These must be cleaned and disinfected when mouthed or soiled and at least daily.

Infant rattles must meet the United States consumer product safety standards contained in the Code of Federal Regulations, title 16, sections 1510.1 to 1510.4, as adopted on May 23, 1978. All toys and other articles intended for use by children under three years of age that present choking, aspiration, or ingestion hazards because of small parts must meet the size standards in Code of Federal Regulations, title 16, sections 1501.1 to 1501.5, as adopted on June 15, 1979.

Subp. 20.

Maintenance of areas used by children.

The areas used by children must be free from debris, loose flaking, peeling, or chipped paint, loose wallpaper, or crumbling plaster, litter, and holes in the walls, floors, and ceilings. Rugs must have a nonskid backing or be firmly fastened to the floor and be free from tears, curled or frayed edges, and hazardous wrinkles.

Subp. 21.

Emergencies.

The license holder must ensure that written procedures for emergencies and accidents are posted in a visible place. The procedures must:

A.

identify persons responsible for each area;

B.

identify primary and secondary exits;

C.

identify a tornado shelter area;

D.

identify building evacuation routes;

E.

describe how to use a fire extinguisher and close off the fire area; and

F.

list the phone numbers and sources of emergency medical and dental care, poison control center, fire department, health authority, and licensing division of the Department of Human Services.

Subp. 22.

Pets.

If pets are permitted at the center, parents must be informed at the time of admission that a pet is present.

9503.0145 FOOD AND WATER.

Subpart 1.

Food.

The license holder must see that meals and supplemental snacks are available. Bag lunches provided by the parent are acceptable as specified in subpart 4.

Subp. 2.

Menus.

When food is provided by the license holder, menus must comply with the nutritional requirements of the United States Department of Agriculture, Food and Nutrition Service, Code of Federal Regulations, title 7, section 226.20.

Subp. 3.

Sanitation.

Procedures for preparing, handling, and serving food, and washing food, utensils, and equipment must comply with the requirements for food and beverage establishments in chapter 4626. If the food is prepared off site by another facility or if food service is provided according to a contract with a food service provider, the facility or license holder must ensure that food is prepared in compliance with chapter 4626. The license holder must provide refrigeration for dairy products and other perishable foods, whether supplied by the license holder or supplied by the parent. The refrigeration must have a temperature of 40 degrees Fahrenheit or less. Tables and highchair trays used for meals must be washed with soap and water before and after each use.

Subp. 4.

Meals and snacks.

Each meal must provide one-third of the child's daily nutritional needs as specified by the United States Department of Agriculture, Food and Nutrition Service, in Code of Federal Regulations, title 7, section 226.20. The license holder must provide or ensure the availability of:

A.

a snack for a child in attendance for more than two hours, but fewer than five hours;

B.

one meal and two snacks or two meals and one snack for a child in attendance five to ten hours unless four or more of these hours are spent in sleep;

C.

a minimum of two meals and two snacks for a child in attendance more than ten hours unless four or more of these hours are spent in sleep; and

D.

program staff who are seated with the children during meal and snack times.

Subp. 5.

Prescribed diet needs.

The license holder must provide for a child's dietary needs prescribed by the child's source of medical care or require the parent to provide the prescribed diet items that are not part of the menu plan approved in subpart 2. A license holder serving a child who has a prescribed diet must keep the diet order and its duration specified in the child's record. All staff designated to provide care to the child must be informed of the diet order.

Subp. 6.

Food allergy information.

Information about food allergies of the children in the center must be available in the area where food is prepared or served to children with allergies. All staff providing care to the child must be informed of the allergy.

Subp. 7.

Infant diets.

The diet of an infant must be determined by the infant's parent. The license holder must ensure that sanitary procedures and practices are used to prepare, handle, and store formula, milk, breast milk, solid foods, and supplements. Procedures must be reviewed and certified by a health consultant. A center serving infants must:

A.

obtain written dietary instructions from the parent of the child;

B.

have the infant's feeding schedule available in the food preparation area;

C.

offer the child formula or milk and nutritionally adequate solid foods in prescribed quantities at specified time intervals; and

D.

label each child's bottle.

Subp. 8.

Water.

The center must have a safe water supply. A center that uses water from a privately owned well that is not governed by chapter 4720 must be tested annually by a Minnesota Health Department certified laboratory for coliform bacteria and nitrate nitrogens to verify safety. The license holder must ensure that a record of the test results is in the center's administrative record. The commissioner of health may issue an advisory order for retesting and corrective measures.

Drinking water must be available to children throughout the hours of operation and offered at frequent intervals. Drinking water for children must be provided in single service drinking cups or from drinking fountains accessible to children.

9503.0150 TRANSPORTATION.

A license holder who provides transportation for children or contracts to provide transportation must comply with the following transportation policies:

A.

The vehicle must be driven by a person who holds a current Minnesota driver's license appropriate to the vehicle driven.

B.

Staff ratios must be maintained on all transportation provided on all field trips.

C.

When children are driven in a private car or van, a second adult must be present when more than four children under the age of five are being transported.

D.

When the license holder provides transportation to and from the center, a second adult must be present in the vehicle and children must not be transported more than one hour per one-way trip. A two-way communication system can be used in lieu of a second adult when ten or fewer children are being transported.

E.

When children are transported, they must be restrained in accordance with Minnesota Statutes, section 169.686, and a child under the age of four may be transported only if the child is properly fastened in a child passenger restraint system that meets the federal motor vehicle safety standards contained in Code of Federal Regulations, title 49, section 571.213.

9503.0155 FACILITY.

Subpart 1.

Occupancy designation.

In areas of the state that have adopted the Minnesota State Building Code, the applicant must comply with the standards specified by the code if the application is an initial one. In those areas of the state that have not adopted the Minnesota State Building Code, an applicant for licensure must comply with any applicable local building ordinances if the application is an initial one. The commissioner must not grant an initial license until written verification of compliance with the State Building Code or local building ordinance, when applicable, has been received by the commissioner from the building official with jurisdiction.

Subp. 2.

Fire inspection.

The center must be inspected by a fire marshal within 12 months before initial licensure. The commissioner must not grant an initial license until the commissioner has received written approval of compliance with the Minnesota Uniform Fire Code from the fire marshal with jurisdiction.

Subp. 3.

Reinspection for cause.

If the commissioner has reasonable cause to believe that a potential hazard exists, the commissioner may request another inspection and written report by a fire marshal, building official, or health authority to verify the absence of hazard.

Subp. 4.

Facility floor plan and designated areas.

Indoor and outdoor space to be used for child care must be designated on a facility floor plan. This space must be exclusively used for child care by the center during the hours of operation. The initial application for licensure and the center's administrative record must contain a floor plan of the center. Precise scale drawings are not required. The plan must indicate the:

A.

dimensions and location of all areas of the center designated for the provision of child care;

B.

planned use of each area; and

C.

size and location of areas used for outdoor activity.

Subp. 5.

Child's personal storage space.

A center must have storage space for each child's clothing and personal belongings. The space must be at a height appropriate to the age of the child.

Subp. 6.

Space for children who become sick.

Space must be provided in the center for a child who becomes sick at a center not licensed to operate a sick care program under part 9503.0085. The space must be separate from activity areas used by other children. A cot and blanket must be provided. The space must be within sight and hearing of a staff person and supervised by a staff person when occupied by a sick child.

Subp. 7.

Outdoor activity area.

An outdoor activity area that complies with the following items must be provided or available for all child care programs except those licensed to exclusively provide sick care as specified in part 9503.0085, drop in care as specified in part 9503.0075, and those operating for less than three hours a day.

A.

A center must have an outdoor activity area of at least 1,500 square feet, and there must be at least 75 square feet of space per child within the area at any given time during use.

B.

An outdoor activity area used daily by children under school age must be within 2,000 feet of the center or transportation must be provided by the license holder. In no case, however, shall the outdoor activity area be farther than one-half mile from the center.

C.

The area must be enclosed if it is located adjacent to a traffic, rail, water, machinery, or other environmental hazard, unless the area is a public park or playground.

D.

The area must be free of litter, rubbish, toxic materials, water hazard, machinery, animal waste, and sewage contaminants.

E.

The area must contain the outdoor large muscle equipment required by part 9503.0060.

Subp. 8.

[Repealed, L 2019 1Sp9 art 2 s 134]

Subp. 9.

Indoor space.

The licensed capacity of the center must be limited by the amount of indoor space. A minimum of 35 square feet of indoor space must be available for each child in attendance. Hallways, stairways, closets, utility rooms, lavatories, water closets, kitchens, and space occupied by cribs may not be counted as indoor space. Twenty-five percent of the space occupied by furniture or equipment used by staff or children may be counted as indoor space.

Subp. 10.

Shielding of hot surfaces.

Radiators, fireplaces, hot pipes, and other hot surfaces in areas used by children must be shielded or insulated to prevent burns.

Subp. 11.

Electrical outlets.

Except in a center that serves only school-age children, electrical outlets must be tamper proof or shielded when not in use.

Subp. 12.

Water hazards.

Bodies of water within or adjacent to the center must be inaccessible to children. When using a pool or beach, children must be supervised at all times.

Subp. 13.

Room temperature.

A minimum temperature of 68 degrees Fahrenheit must be maintained in indoor areas used by children.

Subp. 14.

[Repealed, 18 SR 2748]

Subp. 15.

Hazardous areas.

Kitchens, stairs, and other hazardous areas must be inaccessible to children except during periods of supervised use.

Subp. 16.

Fire extinguisher inspection.

Fire extinguishers must be serviced annually by a qualified inspector. The name of the inspector and date of the inspection must be written on a tag attached to the extinguisher.

Subp. 17.

Screens.

Outside doors and windows used for ventilation must be screened to provide protection from insects.

Subp. 18.

Toilets and hand sinks.

Toilets and hand sinks must be provided as specified in items A to G:

A.

The center must have at least one hand sink and one toilet for each 15 children or portion of 15 children specified in the licensed capacity. One toilet training seat or training chair must be provided for every 15 toddlers specified in the licensed capacity. Any hand sink required for children, other than infants, must be in the toilet area.

B.

In newly constructed centers or those undergoing major remodeling to the plumbing system, foot or wrist operated sinks must be provided in the diaper changing area.

C.

Hand sinks for children must not be used for custodial work or food preparation.

D.

The temperature of hot water in the hand sinks used by children must not exceed 120 degrees Fahrenheit.

E.

Single service towels or air dryers must be available to dry hands and designed for easy use by the children.

F.

Toilets, sinks, faucets, and hand drying devices in the toilet area used by children under school age other than infants must be placed at a height appropriate to the ages of the children.

G.

Portable steps may be used to meet the requirement in item F for toddlers and preschoolers, if the steps are sturdy and washable.

9503.0170 LICENSING PROCESS.

Subpart 1.

License required.

A person, corporation, partnership, voluntary association, or other organization may not operate a child care program in a center unless licensed by the commissioner under parts 9503.0005 to 9503.0170 and Minnesota Statutes, chapter 245A.

Subp. 2.

[Repealed, 18 SR 2748]

Subp. 3.

Posting license.

A license holder must post the license in a conspicuous place within the child care center.

Subp. 4.

[Repealed, 18 SR 2748]

Subp. 5.

[Repealed, 18 SR 2748]

Subp. 6.

[Repealed, 18 SR 2748]

Subp. 7.

[Repealed, L 1997 c 248 s 51 subd 3]