DCYF is mandated to certify license-exempt child care centers that meet the requirements under 245H.02. As such, DCYF is given the right of access to these centers to carry out all of the duties under 245H – in other words, once a center has been identified as requiring certification, DCYF has the right to enter the center to perform required duties.
DCYF access. When a certified center is in operation and information is relevant to an inspection or investigation, the DCYF employee must be given access to:
- The physical facility and grounds where the program is provided
- Documentation and records, including electronically maintained records
- Children served by the center
- Staff and personnel records of current and former staff
- Records needed would include only those from point of certification and moving forward.
Legal authority: Minn. Stat. 245H.04
Annual announced inspections. Certified centers will have an inspection once per calendar year to determine compliance with standards in 245H. Annual inspections will be announced and coordinated between center operators and DHS.
Legal authority: Minn. Stat. 245H.05
Investigations. In some instances where DCYF has received information of alleged certification violations or maltreatment, there may be unannounced investigation visits to the certified center.
- Certification investigations: If DCYF receives information that a certified center is not following the requirements in 142C, a licensor may be assigned an investigation to determine compliance. Information received by DCYF is routed to an intake team that will do an initial assessment. If a licensor is doing an investigation, the licensor must be given access to the program, records, and/or staff. Based on the information collected, DCYF will determine what action is appropriate, if any.
- Maltreatment investigations: If DCYF receives information that alleged or suspected abuse or neglect has occurred in a center, an investigator may be assigned to do a maltreatment investigation. Information received by DCYF is routed to an intake team that will do an initial assessment to determine if assigned. If an investigator is doing an investigation, the investigator must be given access to the program, records, and/or staff. Based on the information collected, DCYF will determine what action is appropriate, if any.
Legal authority: Minn. Stat. 260E
Correction orders. If the certification holder failed to comply with a law, the commissioner may issue a correction order. The correction order must state the condition that constitutes a violation of the law, the specific law violated, and the time allowed to correct each violation. If the certification holder believes that the commissioner's correction order is erroneous, the certification holder may ask the commissioner to reconsider the part of the correction order that is allegedly erroneous. Center Operators will receive an email notifying them that the correction order is available to review in the Provider Hub. Follow the instructions on the correction order to send “How Corrected” responses to your licensor.
Legal authority: Minn. Stat. 245H.06
Decertification. The commissioner may decertify a center if a certification holder failed to comply with an applicable law; or knowingly withheld relevant information from or gave false or misleading information to the commissioner in connection with an application for certification, in connection with the background study status of an individual, during an investigation, or regarding compliance with applicable laws. When considering decertification, the commissioner must consider the nature, chronicity, or severity of the violation of law. When a center is decertified, the center is ineligible to receive payments from the Child Care Assistance Program (CCAP) under Minnesota Statutes 119B.
Legal authority: Minn. Stat. 245H.07
