Applying for Certified, License-Exempt Child Care

Minnesota law (Minnesota Statutes, chapter 245A) starts with requiring that all individuals or organizations providing child care are licensed.

Minnesota Statutes, section 245A.03, subdivision 2 includes a limited list of situations where individuals or organizations caring for children are not required to be licensed. These exceptions are referred as exclusions from licensure, and the care is referred to as license-exempt child care. License-exempt child care is not regulated or monitored by the Department of Human Services (DHS).

Minnesota Statutes, Section 245H requires license-exempt child care to become certified in order to participate in the State’s Child Care Assistance Program (CCAP). Therefore, a license-exempt child care center that becomes certified is referred to as a certified license-exempt child care center. DHS regulates and monitors certified license-exempt child care centers. License-exempt child care that does not become certified is not eligible to participate in CCAP.

Legal authority: Minnesota Statutes, section 245A.03, subdivision 2; Minnesota Statute section, 245H.02

The following exclusions from licensure describe programs that care for children and are not required to be licensed under the authority of Minnesota Statutes, section 245A.03, subdivision 2:

• Item (5). Programs operated by a public school for children 33 months or older.
• Item (11). Recreation programs for children that are operated or approved by a park and recreation board.
• Item (12). Programs operated by a school, YMCA, YWCA, or JCC whose primary purpose is to provide child care or services to school-age children.
• Item (13). Head Start nonresidential programs that operate for less than 45 days in a year.
• Item (15). Programs for children such as scouting, boys clubs, girls clubs, and sports and arts programs, and nonresidential programs for children provided for a cumulative total of less than 30 days in any 12-month period.
• Item (18). Camps licensed by the commissioner of health under Minnesota Rules, chapter 4630.
• Item (26). Programs serving only children who are age 33 months or older, that is operated by a nonpublic school, for no more than four hours per day per child, with no more than 20 children at any one time, and that is accredited by an accrediting agency that is formally recognized by the commissioner of education as a nonpublic school accrediting organization; or an accrediting agency that requires background studies and that receives and investigates complaints about the services provided. A program that asserts its exemption from licensure under this item shall provide the commissioner with documentation from the accrediting agency that verifies: that the accreditation is current; that the accrediting agency investigates complaints about services; and that the accrediting agency's standards require background studies on all people providing direct contact services.
• Item (30). Head Start programs that serve only children who are at least three years old but not yet six years old.

Minnesota Statutes, section, 245H.02 calls out these specific exclusions from licensure that allow a program to be eligible to become certified and participate in Child Care Assistance Program (CCAP).  In order to apply for certification, a program must meet one of those exclusions from licensure.

For more information on exclusions and eligibility for certification specific to a program’s unique circumstances, contact DHS licensing at 651-431-6015 or dhs.ccc.licensing@state.mn.us.

Legal authority: Minnesota Statutes, section 245A.03, subdivision 2; Minnesota Statutes, section, 245H.02

Use the Do I Qualify to be a Certified Child Care Center Worksheet (PDF) to discover if a child care center meets the qualifications to be a certified child care center.

License-exempt certified child care centers can serve children and families using Child Care Assistance Program (CCAP) funding. A family who is authorized to receive CCAP assistance for child care costs, can only send their child to receive care at a program that is authorized to receive CCAP payments. In Minnesota, CCAP only authorizes licensed child care centers, licensed family child care providers, certified license-exempt child care centers, and legal non-licensed child care providers.

Certification requirements provide standards for practices that ensure healthy and safe child care. Certification requirements are based on federal standards.

DHS licensing staff is available to support certified license-exempt child care centers in becoming certified and maintaining certification. Each center has an assigned licensor.

The Child Care Assistance Program (CCAP) is a state government program administered by local, county or tribal governments that provides financial assistance to help eligible families with low incomes pay for child care so that they can work, pursue employment, or engage in education leading to employment. A large percentage of this funding comes from federal funding through the Child Care Development Block Grant.

Once a center is granted certification, the certified child care center is eligible to register with CCAP as a provider. Once registered, the center can receive subsidized payments for child care for children whose families are eligible to receive child care assistance.

For more information about CCAP, visit CCAP Information for Child Care Programs on the Department of Children, Youth, and Families website.

For questions about the Child Care Assistance Program, email CCAP.Providers.DCYF@state.mn.us or call 651-431-4848. If you want to apply, have questions about applying for child care assistance or a specific case, contact your county office, tribal office or contracted agency.

The Certified Child Care Centers and CCAP Informational Sheet (PDF) is a great summary of information on certification and participation in the Child Care Assistance Program in our State.