Licensing inspections for child care centers

Pre-licensing inspections are completed prior to being issued a license during the application process.

To promote license holder success and ensure the health and safety of children, DCYF established an Early and Often licensor team. The Early and Often licensors support applicants through the application process and continue to work with and support the license holder during the center’s first year of operation. The Early and Often licensor conducts four center visits during a provider’s first year of operation. The first visit is a scheduled, technical assistance visit that occurs approximately three months after the license is issued. The remaining visits in the first year are unannounced. This supportive approach has decreased the number of conditional licenses issued by the commissioner to child care centers after their first year of operation.

DCYF Licensing conducts unannounced annual inspections of licensed child care centers once each calendar year. Conducting annual inspections allows us to provide more one-on-one technical assistance, answer questions, and assist you in better understanding the licensing standards.

Legal authority: Minn. Stat. 142B.10, subd.11 and Minn. Stat. 245A.09, subd. 7

DCYF Licensing issues amended correction orders when one or more violations on a correction order are rescinded as a result of the licensed center’s request for reconsideration from DCYF. This practice is now required by state law. DCYF will continue to distribute the reconsideration decision and amended correction order, when applicable, to the licensed center.

The department posts results of all child care licensing inspections on Licensing Information Lookup.

The aggregate number of deaths, serious injuries, and instances of substantiated maltreatment that occurred in licensed child care settings each year are also posted publicly on the MN Parent Aware website.

Licensors are required to issue a fix-it ticket for certain violations identified by the Commissioner that do not imminently endanger the health, safety, or rights of children. The list of violations eligible for a fix-it ticket was expanded by the Commissioner effective April 15, 2019.

A fix-it ticket will be issued for each eligible violation if you did not receive a fix-it ticket or correction order for the same violation at your last annual licensing inspection. The fix-it ticket provides an opportunity for the center to correct eligible violations and avoid receiving a correction order for these violations if they are corrected within the allotted timeframe.

Upon receipt of a fix-it ticket, you may:

• Correct the violation at the time of inspection or within 48 hours (excluding Saturdays, Sundays, and holidays). For violations corrected within 48 hours, the provider must submit evidence to the licensor that the violation has been corrected within one week. If the evidence is sufficient, the fix-it ticket violation(s) are considered resolved.

If the center does not correct the violation onsite or within 48 hours and/or fails to submit evidence that the violation was corrected, the licensor must issue a correction order for the violation(s) listed in the fix-it ticket.

The fix-it ticket does not have its own appeal rights. If you disagree with a fix-it ticket violation, you can choose to not respond to the fix-it ticket within the allotted time and the licensor will issue a correction order for the violation. Upon receipt of a correction order, you will have the right to request reconsideration.

Legal authority: Minn. Stat. 245A.065

Exit interviews are required as a part of annual licensing inspections. Licensors cannot issue a correction order or other licensing action for violations of rule or law that are not discussed during an exit interview, unless the provider does not participate in or complete the exit interview. Licensors must offer an alternative time to complete the exit interview if it cannot be completed at the conclusion of an annual licensing review/inspection. The exit interview is an opportunity for you to discuss the licensing review/inspection with your licensor. The goal is to have open communication and transparency about licensing requirements in order to assist you in achieving ongoing compliance. If you do not participate in the alternate date, or return the phone call or email of your licensor, the correction order or other licensing action will be completed without additional discussion.

Legal authority: Minn. Stat. 245A.04, subd. 4

For licensing purposes, a license holder must maintain and store records in a manner that will allow for review by the commissioner.  The following records must be maintained as specified and in accordance with applicable state or federal law, regulation, or rule:

1. Service recipient records, including verification of service delivery, must be maintained for a minimum of five years follow discharge or termination of service.
2. Personnel records must be maintained for a minimum of five years following termination of employment and
3. Program administration and financial records must be maintained for a minimum of five years from the date the program closes.

A license holder who ceases to provide services must maintain all records related to the licensed program for five years from the date the program closes.  The license holder must notify when the commissioner of the location where the licensing records will be stored and the name of the person responsible for maintaining the stored records.

If the ownership of a licensed program or service changes, the transferor, unless otherwise provided by law or written agreement with the transferee, is responsible for maintaining, preserving, and making available to the commissioner on demand the license records generated before the date of the transfer.

In the event of a contested case, the license holder must retain records as required in paragraph (a) or until the final agency decision is issued and the conclusion of any related appeal, whichever period is longer.

Legal authority: Minn. Stat. 245A.041, subdivision 3 

Find answers to questions about licensing actions and maltreatment investigations involving DCYF-licensed providers.