2026 Minnesota Statutes
142H.01 DEFINITIONS.
Subdivision 1.Scope.
For the purposes of this chapter, the terms in this section have the meanings given.
Subd. 2.Accessible to children.
"Accessible to children" means capable of being reached or utilized by a child without the aid of an adult.
Subd. 3.Accredited.
"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.
Subd. 4.Age categories.
(a) "Infant" means a child who is at least six weeks old but less than 16 months old.
(b) "Toddler" means a child who is at least 16 months old but less than 33 months old.
(c) "Preschooler" means a child who is at least 33 months old up to school age.
(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.
Subd. 6.Arrival and departure times.
"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.
Subd. 7.Building official.
"Building official" means the person appointed pursuant to section 326B.133 to administer the State Building Code or the building official's authorized representative.
Subd. 8.Center.
"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.
Subd. 9.Child.
"Child" means a person receiving child care services who falls within the age categories in subdivision 4.
Subd. 10.Child care program.
"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.
Subd. 11.Child care program plan.
"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.
Subd. 12.Clean.
"Clean" means free from dirt or other contaminants that can be detected by sight, smell, or touch.
Subd. 13.Commissioner.
"Commissioner" means the commissioner of children, youth, and families or the commissioner's designated representative, including county agencies and private agencies.
Subd. 14.Day program.
"Day program" means a nonresidential child care program that operates during waking hours and does not provide overnight care.
Subd. 17.Disinfected.
"Disinfected" means the chemical process to kill most germs and viruses on surfaces and objects after they have been cleaned.
Subd. 18.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.
Subd. 19.Experience.
"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 child care program, 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. 20.Facility.
"Facility" means the indoor and outdoor space where a child care program is provided.
Subd. 21.Fire marshal.
"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.
Subd. 22.Health care provider.
"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.
Subd. 23.Health consultant.
"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.
Subd. 24.Inaccessible to children.
"Inaccessible to children" means not capable of being reached or utilized by a child without the aid of an adult.
Subd. 27.Licensed capacity.
"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.
Subd. 28.Medication.
"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 advanced 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.
Subd. 29.Night care program.
"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 programs are subject to the requirements in section 142H.16.
Subd. 30.Parent.
"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.
Subd. 31.Program staff person.
"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.
Subd. 32.Sick care program.
"Sick care program" means a nonresidential child care program that exclusively cares for sick children. Sick care programs are subject to the requirements in section 142H.19.
Subd. 33.Staff supervision.
"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.
Subd. 34.State Building Code.
"State Building Code" means the codes and regulations adopted by the commissioner of administration according to section 326B.101, and contained in Minnesota Rules, chapter 1300.
Subd. 35.State Fire Code.
"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.
Subd. 36.Student intern.
"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.
Subd. 37.Substitute.
"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.
Subd. 38.Supervision of children.
"Supervision of children" means when a program staff person:
(1) is accountable for the child's care;
(2) is able to 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 section 142H.24, subdivision 1.
Subd. 39.Variance.
"Variance" means written permission by the department for a license holder or applicant to depart from the provisions of a requirement in this chapter pursuant to section 142B.10, subdivision 16.
Subd. 40.Volunteer.
(a) "Volunteer" means an individual who assists in the care of a child and is not employed by the child care center.
(b) "Supervised volunteer" means a volunteer who may only have direct contact with children when a program staff person is able to intervene to protect the health and safety of children.
(c) "Unsupervised volunteer" means a volunteer who may have direct contact with children without a program staff person present, must receive the training required under section 142H.08, and may be counted in the staff-to-child ratios under section 142H.10.
History:
1995 c 158 s 1,2:1997 c 248 s 3,5-7: 2005 c 4 art 1 s 4: 2019 c 9 art 2 s 21: 2020 c 2 art 1 s 6: 2023 c 70 art 8 s 5: 2024 c 80 art 2 s 74: art 3 s 3; 2024 c 115 art 16 s 41: 2026 c 127 art 12 s 1
NOTE: This chapter, as added by Laws 2026, chapter 127, article 12, sections 1 to 37, is effective July 1, 2027. Laws 2026, chapter 127, article 12, section 41.
Official Publication of the State of Minnesota
Revisor of Statutes