Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes


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.


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.


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.


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.

Statutory Authority:

MS s 245A.09; 252.28


9 SR 2106; 10 SR 2617

Published Electronically:

October 8, 2007

Official Publication of the State of Minnesota
Revisor of Statutes