2026 Minnesota Statutes
142I.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 used 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 federal Department of Education.
Subd. 5.Age categories.
(a) "Newborn" means a child from birth up to six weeks old.
(b) "Infant" means a child who is at least six weeks old but less than 12 months old.
(c) "Toddler" means a child who is at least 12 months old but less than 24 months old.
(d) "Preschooler" means a child who is at least 24 months old but less than five years of age.
(e) "School age" means a child who is at least five years of age but is less than 11 years of age.
Subd. 6.Agency.
"Agency" means a county or multicounty social or human services agency governed by a county board or a multicounty human services board.
Subd. 9.Behavior guidance.
"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.
Subd. 10.Bodily fluid.
"Bodily fluid" means urine, feces, vomit, blood, and other bodily fluids with blood present.
Subd. 11.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. 12.Caregiver.
"Caregiver" means the license holder, primary provider of care, second adult caregiver, intermittent caregiver, helper, or substitute.
Subd. 13.Child.
"Child" means a person receiving child care services who falls within the age categories in subdivision 5.
Subd. 14.Child care.
"Child care" means the care of a child in a 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.
Subd. 15.Child with special health care needs or disabilities.
"Child with special health care needs or disabilities" means a child who:
(1) has developmental disabilities or is otherwise eligible for case management as specified in Minnesota Rules, parts 9525.0004 to 9525.0036;
(2) has been identified by the local school district as a child with a disability as specified in section 125A.02, subdivision 1; or
(3) has been determined to be a child with a disability by a health care provider as defined in subdivision 25.
Subd. 16.Clean.
"Clean" means free from dirt or other contaminants that can be detected by sight, smell, or touch.
Subd. 17.Commissioner.
"Commissioner" means the commissioner of children, youth, and families or the commissioner's designated representative, including county agencies and private agencies.
Subd. 18.Community-based family child care program.
"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.
Subd. 20.Disinfect.
"Disinfect" means the chemical process to kill most germs and viruses on surfaces and objects after the surfaces and objects have been cleaned.
Subd. 21.Emergency replacement.
"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.
Subd. 22.Family child care program.
"Family child care program" means a child care program licensed under this chapter and chapter 142B 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.
Subd. 23.Fire marshal.
"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.
Subd. 24.Hazardous materials.
"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.
Subd. 25.Health care provider.
"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.
Subd. 26.Helper.
"Helper" means a minor, 14 through 17 years of age, who assists an adult caregiver with the care of children.
Subd. 27.Inaccessible to children.
"Inaccessible to children" means not capable of being reached or utilized by a child without the aid of an adult.
Subd. 28.Intermittent caregiver.
"Intermittent caregiver" means an adult who cares for children in a family child care program alongside another adult caregiver for a cumulative total of no more than 500 hours annually.
Subd. 30.License holder.
"License holder" has the meaning given in section 142B.01, subdivision 17, for a family child care program.
Subd. 31.Licensed capacity.
"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.
Subd. 32.Medication.
"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.
Subd. 33.Owner or renter.
"Owner" or "renter" means the individual, individuals, organization, or government entity listed in the property title, deed, lease, or equivalent legal document.
Subd. 34.Parent.
"Parent" means a person who has the legal responsibility for a child, such as the child's mother, father, or legally appointed guardian.
Subd. 35.Pests.
"Pests" means any animals, insects, or other living creatures that are not housed within the 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, rodents, cockroaches, bedbugs, or bats.
Subd. 36.Pets.
"Pets" means all animals housed at the family child care program or that have contact with children.
Subd. 37.Premises.
"Premises" means the indoor and outdoor space in which a family child care program is located.
Subd. 38.Primary provider of care.
"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).
Subd. 39.Radon testing.
"Radon testing" means the measurement of radon gas levels in the indoor air of the building.
Subd. 40.Related.
"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.
Subd. 41.Second adult caregiver.
"Second adult caregiver'' means an adult who cares for children in the family child care program for a cumulative total of more than 500 hours annually along with the primary provider of care or substitute caregiver.
Subd. 42.Separation.
"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.
Subd. 43.State Building Code.
"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.
Subd. 44.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. 45.Substitute.
"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 family child care program. A substitute may not provide care for more than 500 hours per calendar year.
Subd. 46.Supervision.
"Supervision" means:
(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;
(2) for a school-age child, a caregiver must be available and in close enough proximity to provide in-person assistance and care to ensure the child's health and safety is protected. Electronic devices may be used to support supervision, but must not replace the caregiver's ability to provide assistance or care in person; and
(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.
Subd. 47.Variance.
"Variance" means written permission from the department pursuant to the requirements in section 142B.10, subdivision 16, paragraph (c), for a license holder or applicant to depart from a specific requirement in this chapter or chapter 142B.
NOTE: This chapter, as added by Laws 2026, chapter 127, article 13, sections 1 to 23, is effective July 1, 2027. Laws 2026, chapter 127, article 13, section 26.
Official Publication of the State of Minnesota
Revisor of Statutes