2026 Minnesota Statutes
142H.16 NIGHT CARE PROGRAM.
Subdivision 1.Applicability.
A license holder providing overnight care must comply with this section.
Subd. 2.Furnishings.
Each child enrolled in a night care program must be provided with a crib or bed, described as follows:
(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;
(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;
(3) each bed or crib must have a waterproof mattress or mattress pad that can be cleaned and disinfected;
(4) bedding and sleeping equipment must be cleaned and disinfected as specified in section 142H.31, subdivision 4, clause (3); and
(5) separate bedding must be provided and stored separately for each child in care.
Subd. 3.Clothing intended for sleeping.
The license holder must ensure that all children are put to bed in clothing for sleeping as designated by the parent of the child.
Subd. 4.Personal care items.
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.
Subd. 5.Meals and snacks.
(a) 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.
(b) Night care programs are exempt from the requirements of section 142H.32, subdivision 7.
Subd. 6.Staffing.
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 an aide. Program staff must be awake, dressed, and provide supervision as specified in sections 142H.01, subdivision 38, and 142H.12 to children who are sleeping.
Subd. 7.Hygiene assistance.
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.
Subd. 8.Showers and bathtubs.
The license holder must ensure bathtubs and showers are equipped to prevent slipping, if the center provides bathing.
Subd. 9.Bathing procedures.
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.
Subd. 10.Privacy.
To ensure privacy, school-age boys and girls must be separated during bedtime washing and changing activities.
Subd. 11.Sleeping arrangements.
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.
Subd. 13.Light.
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.
Subd. 14.Outdoor illumination.
The center must ensure that parking areas, outdoor walkways, and all building entrances are adequately lighted for safety and security.
Subd. 15.Program emphasis.
A license holder operating a night care program must comply with the child care program standards in section 142H.11.
Subd. 16.Exceptions.
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.
History:
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