Legally Unlicensed Child Care

Legally Unlicensed Child Care


There are certain exclusions to the licensure requirement. Under Minnesota Statutes, section 245A.03, subdivision 2, the following child care situations are excluded from licensure:
  1. child care provided by a relative to only related children; and, or
  2. child care provided to children from a single, unrelated family, for any length of time;
  3. child care provided for a cumulative total of less than 30 days in any 12-month period.
Minnesota Statutes 245A.02 subdivision 13 defines an “individual who is related” as a spouse, a parent, a natural or adopted child or stepchildren, a stepparent, a stepbrother, a stepsister, a niece, a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an uncle, or a legal guardian. Unless you meet this exclusion, you must be licensed in order to continue providing child care. The standards you must meet to become licensed are in Minnesota Rules, parts 9502.0300 to 9502.0445.

Operating without a license is a misdemeanor under Minnesota Statutes, Section 245A.03, subdivision 3.